Procedures and Policies

HEYDOUR, AISBY and OASBY PARISH COUNCIL 
DOCUMENT RETENTION POLICY

Introduction

1.1 Heydour, Aisby and Oasby Parish Council recognises the need to retain documentation for public record, audit purposes, staff management, tax liabilities and the eventuality of legal disputes and legal proceedings. Subject to these, or other relevant considerations, documents that are no longer used or relevant should be destroyed.
1.2 Documents may be created, received, or maintained in hard copy or electronically.
1.3 A small percentage of the Council’s records will be selected for permanent preservation as part of the Council’s archives and for historical interest. 
1.4 The Clerk has the responsibility for the retention, storage and destruction of documents in compliance with this policy.
 

2. Retention Timescales

2.1 Appendix A details the minimum time limits on the retention of council documents required for the purposes of audit and other reasons. Documents outside this schedule are as follows:

2.2 Planning documents: All planning applications and relevant decision notices are available from South Kesteven District Council. There is no requirement to retain duplicates locally. If identified as of specific interest or if there are contentious planning applications, the PC may choose to retain documents indefinitely or until development is complete so that the Council can satisfy itself that development has proceeded according to the terms and conditions of the permission.
Where planning permission is refused the papers should be retained until the period in which an appeal can be made has expired.
If an appeal is made and dismissed any appeal papers should be kept for use in evidence against any application on the same site.

2.3 Insurance policies: All insurance policies should be kept for as long as it is possible for a claim to be made under them. The Council will keep a permanent record of insurance company names and policy numbers for all insured risks. Article 4 of the Employers’ Liability (Compulsory Insurance) Regulations 1998 requires local councils, as employers, to retain certificates of insurance against liability for injury or disease to their employees arising out of their employment for a period of 40 years from when the insurance commenced or was renewed.

2.4 Documents relating to staff: Data relating to staff is kept securely and in accordance with data protection principles contained in the Data Protection Act 1998, and is not kept for longer than is necessary for the purpose it was held. However, records about former staff may be retained and accessed for the purpose of giving references, payment of tax, national insurance contributions and pensions, and in respect of any legal claims made against the council.

2.5 Correspondence: Correspondence relating to audit matters will be kept for the appropriate period (refer to Appendix A). In planning matters, correspondence sent to and from the parish council is normally sent via email and retained until the development is complete.
Historical/local interest documents: Heydour Parish Council might acquire records of local interest. These documents will be retained and filed at the clerk’s home address. Other correspondence is retained until actioned/or out of date and destroyed. 
 
3. Arrangements for the deposit, storage, and management of documents

3.1 In accordance with s.227 of the Local Government Act 1972, the Parish Council may request South Kesteven District Council provide proper depositories for all specified papers (defined as public books, writings, council papers and all documents) directed by law to be kept where there is no other provision. Currently hard copy documents are filed at the clerk’s home address. 

3.2 All electronic documents are kept on the Clerk’s work on a computer, which is password protected.  The PC files are held on a separate computer to any of the Clerk’s personal files and a copy of computer passwords are lodged with the Chairman in a sealed envelope. In the absence of the Clerk and if required, the envelope will be opened in the presence of 2 councillors, at which point the passwords will be changed as soon as access to the computer files is gained. Back-ups of documents are made to a secure cloud system.

4.  Retention of documents for legal purposes

4.1 Most legal documents are governed by the Limitations Act 1980, which prevents legal claims arising after a certain period. However, limitation periods can be extended so, when making a decision at the end of a storage period the Council will weigh the risk of lengthy storage against the risk of a claim being made. Insurance policy wording will be checked to ensure retention requirements under a policy are complied with. Limitations generally are as follows:

Appendix A

Retention Schedule

The retention schedule refers to records regardless of the media in which they are stored.