Retention of Records Policy
Date: 16/10/2020
Underlying Principles
The College’s Privacy Statement states that the College will retain personal data securely and only in
line with how long it is necessary to keep it for legitimate and lawful reasons. Typically, the legal
recommendation for how long to keep ordinary employees and student personnel files is up to 7
years following departure from the College. However, records such as those demonstrating
compliance with safer recruiting procedures, incident reports and safeguarding files will need to be
kept much longer in accordance with specific legal and insurance requirements.
As a matter of principle, data protection will not take precedence over the safeguarding of children,
and the prevention and processing of safeguarding claims. This means that the College will retain
any records that it considers necessary to meet that principle.
Retention Periods
| Type of Record/Document | Retention Period |
|---|---|
| COLLEGE-SPECIFIC RECORDS | |
| 1. Registration documents of College | 1. Permanent (or until closure of the College) |
| 2. Attendance Registers | 2. 6 years from last date of entry, then archive |
| 3. Minutes of Governors’ meetings | 3. 12 years from date of meeting |
| 4. Annual curriculum | 4. From end of year: 3 years (or 1 year for other class records: e.g. marks/timetables/assignments) |
| Type of Record/Document | Retention Period |
|---|---|
| INDIVIDUAL STUDENT RECORDS | |
| 1. Admissions: application forms, assessments, records of decisions | 1. The later of 7 years from student leaving the College and 25 years from date of birth (or, if student not admitted, up to 2 years from that decision). |
| 2. Examination results (external or internal) | 2. Lifetime of student. |
| 3. Student file including: a) Student reports b) Student performance records c) Student medical records | 3. Student file: a) The later of 7 years from the student leaving the College and 25 years from date of birth. b) The later of 7 years from the student leaving the College and 25 years from date of birth. c) Lifetime of the student as these could be relevant to safeguarding enquiries or future claims. |
| 4. Special educational needs records (to be risk assessed individually) | 4. Date of birth plus up to 35 years (allowing for special extensions to statutory limitation period) |
| Type of Record/Document | Retention Period |
|---|---|
| SAFEGUARDING | |
| 1. Policies and procedures | 1. Keep a permanent record of historic policies |
| 2. DBS disclosure certificates | 2. No longer than 6 months from decision on recruitment, unless DBS specifically consulted – but a record of the checks being made must be kept, if not the certificate itself. |
| 3. Accident / Incident reporting | 3. Keep on record for as long as any living victim may bring a claim (NB civil claim limitation periods can be set aside in cases of abuse). Files to be reviewed from time to time by a suitably qualified person. |
| 4. Child Protection files | 4. If a referral has been made/social care have been involved or child has been subject of a multi-agency plan retain all records indefinitely. If low level concerns, with no multi-agency act, 30 years from date of birth. |
| Type of Record/Document | Retention Period |
|---|---|
| CORPORATE RECORDS | |
| 1. Certificates of Incorporation | 1. Permanent (or until dissolution of the company) |
| 2. Minutes, Notes and Resolutions of Boards or Management Meetings | 2. 12 years |
| 3. Shareholder resolutions | 3. 12 years |
| 4. Register of Members/Shareholders | 4. Permanent |
| 5. Annual reports | 5. 12 years |
| Type of Record/Document | Retention Period |
|---|---|
| ACCOUNTING RECORDS | |
| 1. Accounting records (records which enable a company’s accurate financial position to be ascertained & which give a true and fair view of the company’s financial state). | 1. 6 years from the end of the financial year in which the transaction took place |
| 2. Tax returns | 2. 6 years |
| 3. VAT returns | 3. 6 years |
| 4. Budget and internal financial reports | 4. 5 years |
| Type of Record/Document | Retention Period |
|---|---|
| CONTRACTS AND AGREEMENTS | |
| 1. Signed or final/concluded agreements (plus any signed or final/concluded variations or amendments). | 1. 7 years from completion of contractual obligations or term of agreement, whichever is the later |
| 2. Deeds and contracts under seal. | 2. 13 years from completion of contractual obligation or term of agreement |
| Type of Record/Document | Retention Period |
|---|---|
| INTELLECTUAL PROPERTY RECORDS | |
| 1. Formal documents of title (trade mark or registered design certificates; patent or utility model certificates) | 1. Permanent in the case of any right which can be permanently extended, (e.g. trade marks); otherwise expiry of right plus 7 years. |
| 2. Assignments of intellectual property to or from the college | 2. As above in relation to contracts (7 years) or, where applicable, deeds (13 years). |
| 3. IP / IT agreements (including software licences and ancillary agreements e.g. maintenance; storage; development; coexistence agreements; consents) | 3. 7 years from completion of contractual obligation concerned or term of agreement |
| Type of Record/Document | Retention Period |
|---|---|
| EMPLOYEE / PERSONNEL RECORDS | |
| 1. Single Central Record of employees | 1. Keep a permanent record of all mandatory checks that have been undertaken (but not DBS certificate itself: 6 months as above). |
| 2. Contracts of employment | 2. 7 years from effective date of end of contract |
| 3. Employee appraisals or reviews | 3. Duration of employment plus 7 years |
| 4. Employee personnel file | 4. Duration of employment plus 7 years. Data which may be relevant to historic safeguarding claims is retained for a longer period in accordance with specific legal and insurance requirements |
| 5. Payroll, salary, maternity pay records | 5. 6 years |
| 6. Pension or other benefit schedule records | 6. For Teacher Pension Scheme members: duration of employment until death of employee. For Group Life scheme members: duration of employment plus 6 years |
| 7. Job application and interview/rejection records (unsuccessful applicants) | 7. 6 months |
| 8. Immigration records, including evidence of right to work | 8. Duration of employment plus 7 years. Data which may be relevant to historic safeguarding claims is retained for a longer period in accordance with specific legal and insurance requirements |
| 9. Health records relating to employees | 9. 7 years from end of contract of employment |
| 10. Records of disciplinary, grievance and capability processes, including summaries of expired warnings. | 10. 7 years from end of contract of employment Retain appropriate documents for the duration of employment plus 7 years. Data which may be relevant to historic safeguarding claims is retained for a longer period in accordance with specific legal and insurance requirements. |
| Type of Record/Document | Retention Period |
|---|---|
| INSURANCE RECORDS | |
| 1. Insurance policies (will vary – private, public, professional indemnity) | 1. Duration of policy (or as required by policy) plus a period for any run-off arrangement and coverage of insured risks: ideally, until it is possible to calculate that no living person could make a claim. |
| 2. Correspondence related to claims/renewals/insurance notifications | 2. 7 years from completion of claim process and, where applicable, settlement. |
| Type of Record/Document | Retention Period |
|---|---|
| ENVIRONMENTAL, HEALTH & DATA | |
| 1. Maintenance logs | 1. 10 years from date of last entry |
| 2. Accidents to students | 2. Later of 25 years from birth and 7 years from student leaving the College (for safeguarding, for as long as a claim might be brought) |
| 3. Accident at work records (staff) | 3. 40 years from date of accident to comply with insurer’s requirements. |
| 4. Staff use of hazardous substances | 4. 7 years from end of date of use |
| 5. Risk assessments (carried out in respect of any of the above) | 5. 7 years from completion of relevant project, incident, event or activity |
| Type of Record/Document | Retention Period |
|---|---|
| OTHER | |
| 1. Data protection records documenting processing activities, data breaches | 1. No limit, as long as up-to-date and relevant (providing no personal data included) |
