Annex D: Template for record keeping
This form is to help local authorities keep the appropriate records of directions (see paragraphs 3.24-3.26 and 5.10-5.12) and should be filed alongside copies of the Annex C relevant designation forms.
These records should be kept for three years from the date of direction. However, under the GDPR as implemented by the Data Protection Act 2018, personal data, such as next of kin details, should not be kept for longer than it is needed.
RECORD OF DIRECTION
Title of direction / reference:
Include detail of who was directed and what the direction was
Rationale for direction
Describe the rationale for the direction, including:
- decisions regarding the directions required made and rationale for those decision, e.g. how it addresses the capacity problem outlined in the designations;
- Which stakeholders have been consulted (if applicable)
Impact on business
Set out how the effect of the direction on carrying out normal business has been considered. This should include any discussions held with LRPs, RRPs, SCG or government on this issue.
Due regard to individuals' wishes, religion or beliefs
Set out how regard to the deceased's wishes, religion and beliefs have been considered, in line with guidance set out in Section 5. This should include:
- recording the steps taken to find out an individual's wishes, religion or beliefs;
- recording the steps taken to comply with an individual's wishes, religion or beliefs;
- recording the decisions taken, including the rationale, for departing from the deceased's wishes, religion or beliefs (if that has become necessary – see paragraphs 5.13 – 5.14 of guidance).
Public Sector Equality Duty
Set out any considerations relating to requirements of the Public Sector Equality Duty (PSED) as set out in section 149 of the Equality Act 2010. This requires the local authorities to pay due regard to the need to:
- eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
- advance equality of opportunity between people who share a protected characteristic and those who do not
- foster good relations between people who share a protected characteristic and those who do not.
The protected characteristics which should be considered are:
- gender reassignment
- marriage or civil partnership
- pregnancy and maternity
- religion or belief • sexual orientation.
Please use this section to any other information relevant to the designation. This could include:
- Discussions with other local authorities where a designation has affected another area.
- How safety considerations have been taken into account, in line with Public Health Guidance.
- Any discussion with government or LRPs, RRPs or SCG relating to the designation.