Guidance

Safeguarding: consent issues

Updated 30 August 2023

Version 10.0

This guidance tells His Majesty’s Passport Office staff what to do if we need parental consent for a minor’s (a person under the age of 18) application and identify a safeguarding issue.

About: Safeguarding: consent issues

This guidance tells HM Passport Office staff how to safeguard (protect) a customer and a minor, if they tell us that contacting the other parent or guardian for parental consent, (for example, for a change of name) puts them at risk of harm.

This guidance makes reference to a minor. You must refer to parents and guardians: consent for the definition of a minor.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email Guidance & Quality, Operating Standards.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can Guidance & Quality, Operating Standards.

Publication

Below is information on when this version of the guidance was published:

• version 10.0

• published for Home Office staff on 10 July 2023

Changes from last version of this guidance

This guidance has been updated to explain the Child Protection and Safeguarding team must not allow the change of a child’s name if a Child Arrangement Order, or other court order specifically prevents this.

Related content

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Parental responsibility

How to safeguard a customer and a minor

This section tells HM Passport Office staff what to do if there is a risk of harm to the customer or a minor if we ask for additional consent from a parent or guardian.

We must ask the customer for additional consent from another parent (or guardian), in line with Home Office policy and court decisions. For example, we will need additional consent, if a minor has a name change or their passport is missing, and the other parent gave the original consent for it (see: Authorisation and consent guidance for when we need consent and additional consent).

If a customer (or a minor) is at risk of harm

We have a responsibility to investigate and consider each case individually. Especially, if there is a watchlist warning (for example, when there is a caveat in place) or we are aware the other parent or guardian:

• has been violent, threatening or abusive to a minor, parent or legal guardian

• has a restraining order (or prohibited steps order) preventing or restricting them from contacting the minor, parent or legal guardian

• is in prison

We will refer the application to the Child Protection and Safeguarding team (CPST) if the customer tells us they are at risk of harm. You must make this referral through your local Counter Fraud Team (CFT).

If a customer tells you (the examiner) they are at immediate risk of harm and need the passport urgently to flee a situation, you must immediately take the application to your operational team leader (OTL).

You must ask the customer to send in evidence of the risk before you refer the case to CPST (through your local CFT) if the customer is not in immediate danger.

How to reassure the customer

If we are aware of a risk of harm to the customer or a minor, we must always try to speak to the customer by phone (allowing for time differences). We must reassure them we will consider their concerns and deal with their application with sensitivity.

When you contact the customer, you must:

• reassure them we will consider their concerns

• tell them not to contact the other parent or guardian if they feel they’re at risk

• ask if they are at immediate risk of harm (for example, do they need their passport urgently to flee a dangerous situation)

• tell them we may ask for evidence of the potential risk

• tell them (to protect the minor and parents’ legal rights) we will not usually go against our policies, unless we have a court order telling us to issue a passport

• tell them:

  • HM Passport Office are not able to change their child’s surname if a Child Arrangement Order or other court order specifically prevents this

  • they will need to get an additional court order which gives them permission to change their child’s name (to allow us to issue their passport in the new name)

• tell them that courts can make judgements without the other party being present, if it’s necessary and correct to do so, they can contact a solicitor or family court for advice (see: GOV.UK to find courts in the UK)

If the customer decides to contact a solicitor or get a court order, you must tell them:

• HM Passport Office is not responsible for any legal or court costs.

• they can contact glasgowcaveats@hmpo.gov.uk for more advice

If the customer is at immediate risk

If anyone is at risk of immediate harm but cannot provide evidence (for example, they need their passport urgently to flee a situation), you (the examiner) must deal with the application as a priority and immediately refer it to an OTL.

You, the OTL, must immediately:

1. Put a case note on an Application Management System (AMS) application and:

• mark it as urgent

• refer it to the Counter Fraud team (CFT)

• if there are issues that are too sensitive to include on a case note (for example, allegations of child abuse) you must record them on a ‘short jacket’ paper note and add it to the application pack

2. Electronically and physically transfer the application to a clear exception wallet.

3. Give the wallet and the application to a support clerk.

The support clerk, must:

• take the application

• hand it to a CFT officer

• tell them it is a priority case and the customer is at risk of harm

If the application is a Digital Application Processing system (DAP) case, you (the OTL) must:

1. Put a case note on the application and:

• mark it as an urgent referral to CFT

• refer it into the Application Management System (AMS)

• if there are issues that are too sensitive to include on a case note (for example, allegations of child abuse) you must record them on a ‘short jacket’ paper note

2. Contact the relevant CFT by phone and email and tell them to expect the application. If you recorded sensitive information on a ‘short jacket you must email it to the CFT, who will add it to the application pack.

3. Arrange for the AMS application to be taken to CFT urgently. The documents will be sent to an APC by the DMS or DHU which handled them and will need to by physically linked up to the application once received.

The CFT officer, must immediately:

1. Check the application details.

2. Email the details of the case to the Child Protection and Safeguarding team (CPST).

3. Phone the CPST (to alert them of the email) and get advice.

The CPST:

• will respond to the customer’s safeguarding risk on a case by case basis

• may ask the customer for more information or evidence

If a customer is not at immediate risk

If the minor, parent or guardian is not at risk of immediate harm, but they would be if they asked for additional consent, you (the examiner) must:

1. Make a sensitive case note on the system explaining the customer’s concerns and the advice you have given them:

• if there are issues too sensitive to include on a case note (for example, allegations of child abuse) you must record them on a ‘short jacket’ paper note and add it to the application pack

2. Send the customer letter 514 asking for evidence, which could include:

• court orders preventing (or restricting) the other parent or guardian from contacting the minor, parent or legal guardian

• police reports

• letters or reports from social services recording the potential harm

3. Wait for the customer to respond:

• if you are dealing with the application on DAP, DAP will automatically remind the customer we are waiting for documents, and start the withdrawal process if the customer does not respond

• if you are dealing with the application on AMS, you must electronically store the application for 28 days, if the customer does not reply after 28 days, you must contact them again and start the withdrawal process from that point

4. Check the customer’s evidence for a court order that allows you to continue with the customer’s application (for example, a change of name or an order to issue them a passport) and

• add a case note explaining why you have accepted the court order

• scan the court order as a permanent record if it allows you to issue the passport

5. Case note your decisions and next actions and refer the application to the CPST (through your local CFT), if there is no court order that allows you to continue with the application:

• the CFT must contact the CPST by email to discuss the case and get advice

What the Child Protection and Safeguarding team will do

This section tells HM Passport Office staff working in the Child Protection and Safeguarding team (CPST) how to deal with an application where a minor or their parent is at risk of harm.

CPST will assess the risk of genuine harm and can approve applications without asking for additional consent only if the consent is to:

• authorise the minor’s first, renewal or replacement passport application (without any changes)

• declare the minor’s valid passport as lost or stolen

When CPST will consider an application to change a minor’s name or gender without a court order

The Court of Appeal decision (case Re: P (1997) 2 FLR 730), states that a child’s surname cannot be changed without the written consent of everyone who holds parental responsibility.

We will:

• only go against this judgement where there:

  • is clear evidence of danger to the life of the minor or the person requesting the change

  • are no existing Child Arrangement Order(s) or other court order(s) in force which specifically prevent HM Passport Office from changing a child’s name

• only allow the change in exceptional circumstances when supported by evidence from the police or social services showing an application to court will put them at risk

• tell the customer if we receive a complaint, we will immediately cancel the passport and issue a new passport in the minor’s officially agreed name

• recommend the customer gets a new court order confirming the name or gender change, to avoid the name being changed back

How CPST assess the risk of genuine harm

When you, the CPST officer, receive a referral, you must check the documents and evidence relating to the safeguarding risk.

You must then:

1. Create a watchlist entry using the minor’s details and any other names they are known by.

2. Check if the minor (or other parent) is in immediate danger of harm. If they are, you must refer the case to the police or social services.

3. Confirm the safeguarding concern by carrying out checks with the police, social services or other authorities.

4. Decide if the circumstances allow you to continue with the application:

5. Escalate the case to a senior executive officer (SEO) (or someone higher) to check the evidence and give advice, if you believe we should waive the other parent’s or guardian’s consent.

6. Deal with the application based on the advice given by the SEO (or higher person).

How CPST deal with applications when they make their decision

When CPST make their decision about the application you (the CPST officer) must:

1. Phone or e-mail the customer to tell them, we will not put them at risk by asking them to contact the other parent or guardian for consent and:

• we will issue the passport without the other parent’s or guardian’s consent, but they may challenge this decision in the future

• we need a court order before we can change a minor’s name or gender

2. Send Application Management System (AMS) letter:

• 516 to the customer to explain we are waiving the other parent’s or guardian’s consent

• 515 to the customer to explain we need a court order to continue with the application

3. Add a case note to the passport issuing system to record your decision (you must not add any sensitive information in case notes)

4. Decide whether to:

• keep the application in CSPT for processing

• return the application to examination for processing

5. Keep copies of the documents (or evidence) you received, on the system.

If CPST decide we need a new or additional court order before we issue a minor’s passport you must:

1. Store the application for 30 days, before starting the withdrawal process, to allow the customer to get a court order.

2. Deal with the case using existing guidance when the court order is received.

3. Decide whether to:

• keep the application in CSPT for processing

• return the application to examination for processing