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Contents

1. Introduction
2. The Legal Position

1. Introduction

Because of the nature of caring for other people's children, staff/carers often find the children in their care raising the matter of changing their names. This guidance seeks to clarify the authority's position and provide information and advice to staff/carers who are faced with this request. As this is the Local Authority's position it may also apply to schools. This guidance should be read in conjunction with Change of Name of a Looked After Child Procedure

2. The Legal Position

The legal position is fully outlined in "What's in a name? Registration, parentage and change of name, by Sophy Thomas, The Children's Legal Centre, Legal Guide." This is a summary of the most relevant sections.

Article 7(1) of the United Nations Convention of the Rights of the Child provides that children are registered after birth and have a right from birth to a name. While it is possible to change the forename(s) on a certificate within 12 months of the birth, it is not so simple to change the family name.  Family names cannot be changed unless all parties consent or there is an order of the court.

Subject to any change of forename within 12 months of birth, this forms the child's 'official' registered name. Their official name is important to their well being as without it they will lack an official existence and may have difficulty accessing services. For this reason the original certificate is retained if the name on it is altered following an application to amend the register.

The child may be known by another name to family, friends, people at school, etc. (e.g. a nickname). This is, therefore, the name the child is 'known as' - we often use the term 'a.k.a.' ('also known as'), and this name is often as important as the official name to the child and his/her identity.

Consequently, if the Local Authority as a result of a Care Order looks after a

child, his or her official name cannot be changed without either:

• The written consent of all those with Parental Responsibility; or
• Leave of the court under Children Act 1989 s.33 (7)

For official bodies to recognise a name change it will require one of the following steps:

• The child (usually only if competent and has consent of the parent) or the parents signing and swearing a statutory declaration.
• The parent (if the child is under 18 years) signing and swearing a deed poll.
• A court order giving leave for a change of name.

Also, adoption extinguishes the rights and responsibilities of birth parents and frees the adoptive parent to apply in the same way as a birth parent can.

All staff/carers need to be aware that this can be a complex issue with implications for the immediate and long term care of the child, parental relationships, partnership with parents, and (for those in Care Proceedings or on Care Orders) responsibilities to the courts. The court in giving leave to a name change will apply the Children Act 1989 and apply the welfare checklist to ensure the child's interests are paramount. With this in mind ensure the following procedure is adhered to:

a.	In order for a decision to be reached by the district Social Worker (in consultation with all concerned) a range of issues will need to be considered, including: The age of the child (is the child Gillick competent?) The child's motivation The parent(s) views The longer term legal implications How any decision will impact on the short and longer term welfare and care of the child.
b.	Because of the potential sensitivity and complexity of the matter continue to handle the request with care.
c.	Do not hesitate to enquire why the request has been raised, but ensure the child is not left with the impression that it can happen simply because they want it
d.	Do advise the child that this is a complex matter, but reassure the child that the District social worker (and Fostering social worker) will need to discuss what, if anything is possible.
e.	Contact the district social worker (or your fostering social worker who will contact the district social worker) as soon as possible.
f.	The District social worker will arrange to discuss with you (and, where appropriate, the Fostering social worker) how to address the child's wishes and how you can be supported to address the request.
g.	The District social worker will then agree a plan, including timescales, with the relevant parties.
h.	Should a change of name be supported the District Social Worker will instigate any necessary court procedure and/or ensure all administrative action is carried out (e.g. updating records, informing birth parents, school, GP, etc.).

End