Document Retention Policy

Ilmington Parish Council (“the Council”) recognises that the efficient management of its records is necessary to comply with its legal and regulatory obligations and to contribute to the effective overall management of the Council.

Legal Background

The Council has a legal duty under section 224 of the Local Government Act 1972 to “make proper arrangements with respect to any documents that belong to or are in the custody of the Council or any of their officers”.

It is also a legal requirement under the UK General Data Protetion Regulation (UK GDPR) and Data Protection Act 2018 that personal data are not kept longer than necessary.

Scope of the policy

Records created and maintained by the Council in the course of its business are an important asset and as such measures need to be undertaken to safeguard this information. Properly managed records provide authentic and reliable evidence of the Council’s transactions and are necessary to ensure it can demonstrate accountability.

This policy applies to all records created, received or maintained by the Council in the course of carrying out its functions. Records are defined as all those documents which facilitate the business carried out by the Council and which are thereafter retained (for a set period) to provide evidence of its transactions or activities. These records may be created, received or maintained in hard copy or electronically.

Responsibilities

The Council has overall responsibility for this policy. The person responsible for the day to day implementation of this policy is the Clerk to the Council, and they are required to manage the Council’s records in such a way as to promote compliance with this policy so that information will be retrieved easily, appropriately and in a timely manner.

Retention Schedule

In line with best practice under the Section 46 Code of Practice on Records Management, the Council maintains a retention schedule listing the records it creates in the course of its business, how long they will be retained, and the action which should be taken when a record is of no further administrative use.

This is provided at Appendix A: Retention Schedule.

These schedules have been compiled from recommended best practice from the Public Records Office, the Records Management Society of Great Britain and in accordance with relevant legislation. Many retention periods are determined by statute.

The Clerk is expected to manage current record keeping systems using the schedule and to take account of different retention periods when creating new record keeping systems.

Archival of Records

Records identified for permanent preservation should be deposited with the County Archive Service once there is no longer an administrative need for them to be kept locally.

Safe Disposal of Records

Where records contain personal or confidential information they should be securely destroyed at the end of the retention period. Failure to do so could lead to the Council being prosecuted under the UK General Data Protection Regulations.

The following principles should be followed when securely disposing of records:

• Paper records can be shredded or sent for confidential recycling.
• Where computer records are deleted, steps should be taken to ensure that data are permanently erased and cannot be recovered.
• Back-up copies of documents should also be destroyed (including electronic or photographed documents unless specific provisions exist for their disposal).

Records must not be destroyed if they may serve as evidence in legal proceedings. Whenever there is a possibility of litigation, records that may be affected should not be amended or disposed of until the threat of litigation has been removed.

Records that have been requested under the Freedom of Information Act 2000 (FOIA) must not be destroyed until the request has been fully resolved, including any appeals or reviews. Once the request process has been completed, the normal retention and disposal procedures can be followed.

Guidance

This policy has been compiled from various sources of recommended best practice and with reference to the following documents and publications:

• NALC Legal Topic Note 40: Local Councils’ Documents and Records, 2022
• Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000

Policy Adoption and Review

This policy was adopted on 30 October 2025.

It will be reviewed and updated on a regular basis, and at least every three years in accordance with the Code of Practice on the Management of Records.