Change of Name of a Looked After Child

Children aged 16 years or over (with mental capacity) are generally free to apply in their own right to change their name via deed poll.

However where a child is subject to a Care Order, Special Guardianship Order or Child Arrangements Order, the relevant age is 18. Changing the name of any child under 18 who is subject to any of these orders requires the written consent of everyone with Parental Responsibility. This applies whether the person wishing to change the name is the parent or the child. Where consent is not forthcoming, or all those with Parental Responsibility cannot be found, a court order is required before the child’s name can be changed (see Section 3, Changing a Name without the Agreement of those with Parental Responsibility).

A child who is accommodated under Section 20 Children Act 1989 can apply to change their name at 16 if there are no private law orders (e.g. no Special Guardianship Order or Child Arrangements Order).

Any child who wishes to change their name should be encouraged to discuss the matter carefully with their Social Worker, parents and/or carers, the Independent Reviewing Officer and any available advocacy service.

The social worker should contact the child’s parents/carers to seek their written consent to the child's change of name. Even where the father does not have Parental Responsibility and his consent is not strictly required, it may still be appropriate that he should be consulted and his views obtained. The local authority legal adviser should be asked to clarify this, particularly if there are any unusual circumstances and it is considered undesirable to seek parental consent on this issue.

If those with Parental Responsibility consent, the child's social worker should discuss the matter with the Designated Manager (Change of Name) to also seek their agreement to the change of name. The social worker should prepare a written report setting out the reason for the request to change the name and attach a copy of the parents' written consents. This report should be retained on the child's case record.

When all the necessary consents have been obtained, the social worker (or the child/young person depending on their age and level of understanding) should download and complete the forms required for changing a child’s name (Minor Deed Poll Pack, HM Courts & Tribunals Service). There is a small fee to pay.

The completed forms and accompanying documents (e.g. written consent from parents/carers) should be sent to:

Queen’s Bench Division
Action Department
Room E15
The Royal Courts of Justice
Strand
London
WC2A 2LL

Phone: 020 3936 8957 (option 5)
Email: qbenforcement@justice.gov.uk (Email is for queries only)

Before seeking a court order it is important to first try and seek the agreement of those with Parental Responsibility.

If the child is subject to a Care Order and consent from all those with Parental Responsibility is not forthcoming, an application to change the child’s name would have to be made to the court under Section 33(7) Children Act 1989.

If the child is subject to a Child Arrangements Order/Residence Order or Special Guardianship Order, then an application would have to be made under Section 13(1) or Section 14C3 CA 1989.

Applying for a court order should be a last resort, and the court will expect parties to have tried to reach an agreement first.

In deciding whether to agree to a change of name, the court's paramount consideration will be the welfare of the child.