We are a small welfare rights/housing/debt advice service in Manchester and just wanted to find out how long we legally have to keep client files and information. I have been told different lengths of time ranging from 5 years to 12 years so it would be good to get some clarity, especially as we are running out of space to store everything! Any help or signposting would be greatly appreciated. Dan.

Tue 23-Mar-10 05:54 PM by clairehodgson

you need to keep them for a year longer that a client would have to sue you for negligent advice (or for breach of contract); therefore, 7 years from the final letter to the client/final action on the file. IMHO

(edited to add, because limitation is 6 years)

Thank you v much for that Claire!

Just need to clarify though - if we have had a client for 10 years, are we able to dump the first 3 years worth of paperwork or do we have to keep everything we've ever done with the client until there has been a complete 7 year gap in working with them?

We will often, for example, help a client to complete a DLA form, then 3 years later they will come back for help with the renewal. Say they saw us for such one-off pieces of work in 2001, 2005 and 2009, are we now able to dump any paperwork from the work done in 2001.

Hope that makes sense. Many thanks.

If someone came to us for help with a DLA form that would be a case that would be closed after a certain amount of time and then after 7 years we'd destroy it.

If the client came back with another DLA renewal after 3 years we would not get that old file out - we would start another and so on........

as bensup said; each separate item is a separate file. (althoug i might get the archived file out to review the earlier paperwork and compare with current position, but that's a separate issue)

essentially, file by client and matter

so say one client is getting advice on IS, DLA and TC

whilst they may be linked one way or another, they should be separate files

each may finish at separate times.

your retention period for each separate matter depends on when that particular matter finishes, not when you finish all work for the client.

Thu 25-Mar-10 08:23 AM by danharp

That's clarified things a lot - i suspected it might be a case by case approach. Let the shredding commence! Thanks for your help guys, really appreciate it. All the best.