of kin before deciding whether to disclose the identifying information. Much will depend on the circumstances, particularly the length of time since the person’s death and the circumstances (if known) of the death. The agency may also 195 consider it appropriate to seek the views of persons in addition to the next of kin, such as other family members of the subject, depending on the circumstances of the case. Where it has sought the views of the next of kin (and possibly others), the agency must have regard to their welfare and views, when deciding whether to disclose the identifying information. It may then disclose the information to the applicant if it considers it appropriate to do so. 10.42. In circumstances where the intermediary agency determines that the subject is incapable of giving informed consent because of a learning difficulty or other mental impairment, it is again required to have regard to the matters specified in ISR 6.2. The agency may again need to seek the views of others before deciding whether it is appropriate to disclose identifying information about the subject to the applicant. 10.43. The intermediary agency will need to establish if someone has been appointed to act on behalf of the subject, for example, the Court of Protection, and would have to consult that person or body. Depending on the circumstances of each individual case, the agency may also wish to seek the views of others such as the subject’s spouse or registered civil partner (if applicable) or other family members. Subject to any views obtained by the intermediary agency and having regard to the welfare of others identified or affected by the application, the agency may then disclose identifying information to the applicant if it considers it appropriate to do so. 10.44. The int