I'd be interested to hear from other organisations how long you keep client files for, and what you do with them when you no longer need to keep them eg do you just shred them, or offer them to clients? We have files going back to the early 90s and really need to do a clearout! Can anyone advise about data protection rules as well?

In keeping with the Data Protection Act we destroy files 14 months after the last action taken on the case.Where a claim is ongoing over the years we 'weed' the case papers and chuck out anything over 14 months old.Fraud files and overpayment papers are kept for considerably longer if necessary (to complete prosecution or OP recovery)and aren't 'weeded'.

Hello,

Have you come across this site before?

http://www.dwpstaffdiscussionforum.com/

A place for all DWP staff to post messages and have a chat, we don't answer benefit related questions though. That said, if you want your own message board to answer questions on, I can make you one free of course.

We also have a Health and Safety forum. Give us a visit and let others know about the site.

The talk at the moment is mostly to do with the current industrial relations fiasco, but feel free to post on any subject you like, nothing is off topic.

We return all original documents when we close the file and then keep the file for 6 years. After that it goes for confidential disposal. I think this is to comply with Law Society rules as a Law Centre, so might not apply to non-solicitor agencies.

I think what Keith does is the 'industry standard' ie keep for 6 years from closing then shred.

My understanding is that this is because you have to keep your file for as long as there is a possibility if the client taking action for negligence against you in order to give yourself a fighting chance of defending yourself. I've always understood that the time limit for launching such an action is 6 years.

Judith, I'm not sure which part of the DPA says that you should keep files for 14 months. The DPA simply says that data should not be kept any longer than needed and only data that is needed should be kept at all. Our justification for keeping files for 6 years is to defend ourselves if we are sued and I would have thought that JC+ would have wanted to take the same attitude. I presume that you're not immune from court action, even if it happens very rarely!

Certainly I've had the odd case over the years where old documents would have been useful to the client but are no longer available.

It would be physically impossible for us to keep papers for as long as 6 years after last action ( we already have a huge 'black hole' where papers are filed away from the office)so 14 months is used because it's 1 month after the 13 month absolute time limit for appealing a decision.The DPA comes in to it because of the 'only keeping stuff that is needed' rule,as,theoretically,we wouldn't need papers after the 13 month time limit.Realistically,14 months is sometimes too soon to destroy but at least we can still get record prints from the computer system and tribunals usually accept these (and our destruction policy). Sorry if I've confused the issue.

thanks very much for the helpful responses. We had been thinking along the lines of 4 years as many of our enquiries are DLA renewals that we may have helped with 3 years previously. 6 years would allow for other things which, although they come up infrequently, could be helpful to have the papers for.

I think the limitation period is 5 years in Scotland, by the way.