Getting your legal file back & making a data-subject access request

REVIEWED BY: Sean McNamara on 2026-08-28

Your file belongs to you (in important ways)

When a case ends — or if you change solicitors — you're entitled to your papers. Two separate rights exist, and knowing the difference matters.

1. The "delivery up" of your file

Under professional rules, a solicitor must release the client file on request when you ask — it's your material. Key points:

Your case papers belong to you (correspondence with your name, your instructions, documents you provided, court filings)
The solicitor may retain the file until unpaid fees are settled (a "lien") — but they must release everything you need urgently (e.g. for a hearing or a new adviser), and the SRA treats refusals as serious
Ask in writing: "Please deliver up my complete file, including originals you hold, to me at the following address" — give a date and copy the SRA if they stall
New solicitors often retrieve the file for you directly

2. Data-subject access request (DSAR) — under UK GDPR

Separate right: any organisation (solicitors, Cafcass, councils, police) must give you the personal data they hold about you:

Free of charge, normally within one calendar month
Make it in writing, headed "Subject Access Request", with enough detail to identify you
They may redact third-party data, but the core record must come
Complain to the ICO (ico.org.uk) if ignored — see our complaints guide

What to request

Solicitor file (both routes above)
Cafcass: records of checks, interviews, reports drafts
Local authority: the child's social care file (also your own file)
Police: your records + any domestic-abuse logs (Claire's Law evidence trail)
Court: hearing recordings (fee applies) and transcripts (fee per page)

Why it matters

Files win appeals, expose inconsistencies, and support enforcement. Get everything in one sweep at case end — storage policies mean records are deleted after fixed periods (often 6–10 years).

Official links

ICO (DSARs): https://ico.org.uk
SRA guidance: https://www.sra.org.uk

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with the ICO, SRA or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.