Guidance

Safeguarding: consent issues

Updated 28 May 2025

Version 13.0

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 a parent or guardian for parental consent, (for example, for a change of name) would put 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 the Guidance team.

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 email the Guidance team.

Publication

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

• version 13.0

• published for Home Office staff on 12 February 2024

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

• tell examiners what evidence they can accept if a customer is not at immediate risk of harm, but is unable to provide additional consent

• give new instructions for referring an urgent safeguarding case to the Child Protection and Safeguarding team if the customer is at immediate risk of harm

• change FMI (Fraud Management Information) to fraud case management system in What the Child Protection and Safeguarding team will do

• remove a change of gender as a reason for referral to the Child Protection and Safeguarding team (CPST) as the CPST cannot agree a change in gender for a child under 16 years without a court order or the consent of everyone who holds parental responsibility

Related content

Vulnerability
Lost, stolen and recovered
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 customers or minors if we ask for additional consent from another 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 if they ask for consent or additional consent from the other parent or guardian. Applications submitted at the counter must not be rejected in this scenario as the customer or the child is vulnerable; see Counter application: checking the customer’s needs.

You, the examiner, must make a referral to CPST through your local Counter Fraud team (CFT) if a customer tells you they are:

• at immediate risk of harm and need the passport urgently to flee a situation, you: do not need evidence of the risk; and,

  • must refer the application to an operational team leader (OTL) who can deal with the application at once (either on the Digital Application Processing (DAP) or Application Management System (AMS)

• not in immediate danger you must ask the customer for evidence of the risk before you refer the case to CPST

The CPST will respond to the customer’s safeguarding risk on a case by case basis and may ask them for more information or evidence.

How to reassure the customer

If you are aware of a risk of harm to the customer or a minor, you must always try to speak to the customer by phone (allowing for time differences).

When you contact the customer, you must:

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

• reassure them we will consider their concerns and deal with their application with sensitivity; and,

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

• tell them:

  • we may ask for evidence of the potential risk

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

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

  • 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)

  • 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 of harm

If customers or minors are 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.

If there is no immediate risk, you must follow ‘If the customer or minor is not at immediate risk’.

Immediate safeguarding risk: referral on DAP

If the application is processed on DAP, you, the examiner, must refer the application to your, or another available OTL immediately.

You must immediately tell an available OTL (in person, or by phone) the application is urgent and ask them to deal with the referral. Once an OTL has agreed to take the referral you must:

1. Select I cannot do this application from the top of the task screen underneath the personal details banner.

2. Select send to OTL, then I need advice.

3. Add a note for the receiving OTL to explain why you need to refer the application for further review. 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 form and email it to your, (or another available) OTL.

4. Click the green Send button to transfer the application to the OTL that has agreed to look at the application.

You, the OTL must:

1. Check the OTL review queue for the application number.

2. Select Assign to me and assign the application to yourself.

3. Review the reasons for referral and select:

• Refer for investigation if you have concerns

• if you do not agree with the concerns, you must add a case note and return the application to the examiner to follow If a customer or minor is not at immediate risk

4. Add a note for CFT to explain why you need to refer the application for further review. If there are issues that are too sensitive to include on a case note you must use a short jacket form.

5. Select the green Send button.

6. Email CFT from your team inbox, attaching the short jacket form if you have completed one. You must:

• add Safeguarding and the application number in the email subject header

• attach the short jacket if you have completed one or a brief note why you are referring the application outlining your concerns

• mark the email as urgent using the High Importance exclamation mark on the email toolbar

• select the small arrow next to Tags in the same box as the exclamation mark

• under Voting and Tracking options select Request a read receipt for this message

• select Close and then Send the email.

7. After 1 hour, you must check the team inbox for a read receipt. If you cannot find one you must contact your local CFT to tell them the application has not been acknowledged. If you have received a read receipt, you must delete the original email containing the customers details (to make sure the customer’s details are data compliant).

The Counter Fraud CFT triage team officer, must:

1. Check the email inbox every half hour to identify safeguarding emails. These will be marked as urgent and the subject line will say Safeguarding.

2. Confirm the read receipt so the OTL knows the case has been acknowledged and can delete the customer’s details from their inbox.

3. Check the application details and either:

• retain the application and email the details of the application to the Child Protection and Safeguarding team (CPST) to get advice (see What the Child Protection and Safeguarding team

• return the application to the examiner with clear instructions in a case note

Immediate safeguarding risk: referral on AMS

If the application is on AMS, you must refer the application to an OTL. You must:

1. Add a case note to record why the customer feels they are at risk. 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. Mark the front of the application pack as urgent (preferably in red pen).

3. Electronically transfer the application to your, or another available OTL’s work box and physically hand it to them, telling them there are urgent safeguarding concerns.

You, the OTL, must immediately:

1. Put a case note on the AMS application to acknowledge the referral and add any further concerns you have to the short jacket note. If there is no short jacket note you must add one to the pack if you have concerns too sensitive to case note.

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

3. Give the wallet and the application to a support clerk and tell them it is an urgent referral for the Counter Fraud team (CFT).

The support clerk must take the application direct to the CFT officer and tell them it is a priority case as the customer is at immediate risk of harm. CFT will assess the application and either:

• refer the application details and any supporting documents by email to CPST

• return the application to examination by the support clerk with full instructions in a casenote with next steps to take

If a customer or minor is not at immediate risk of harm

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 ask the customer for any evidence of the potential risk, for example, this evidence could include:

• police report

• letter or report from:

  • social services

  • doctor

  • health visitor

  • support agency, for example Women’s Aid or Victim Support

  • housing agencies (when a parent or child are relocated due to risk)

• restraining order or prohibitive steps order, preventing contact with the parent who the child or vulnerable person is at risk from

• relevant court order or supervision order that prevents contact with the parent who the child or vulnerable person is at risk from

No immediate safeguarding risk: referral on DAP

You, the examiner working on DAP must:

1. Add a sensitive case note on the task you are dealing with in the notes section, explaining the customers concerns and the advice you have given them.

2. Send the customer letter 514 using the Comms builder asking for evidence of the risk or harm.

3. Wait for the customer to respond. DAP will automatically remind the customer we are waiting for documents and start the withdrawal process if the customer does not respond.

4. Check the customer’s evidence for:

• a court order (that allows a change of name or passport issue)

• other evidence that allows you to refer the application to CPST

5. Add a case note to explain:

• why you have accepted the court order (it must state the child’s name can be changed, or has been changed by the court), or

• why the application needs to be referred to CPST if other evidence is received

If you need to refer the DAP application to CPST with other evidence, you must:

1. Select Refer for investigation from the tasks screen.

2. Add a case note for Counter Fraud triage team to explain why you need to refer the application to CPST for further review.

3. Select Save and Submit the task.

No immediate safeguarding risk: referral on AMS

You, the examiner working on AMS 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 of the risk of harm.

3. Wait for the customer to respond and:

• electronically store the application for 28 days to allow them time to obtain a court order to change the name or issue the passport

• 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), or

• alternative evidence you must refer to CPST for consideration

5. Add a case note explaining what evidence you have received and if you:

• can accept the court order because it allows you to issue the passport and scan the court order as a permanent record; or

• need to refer the application to CPST (through your local CFT), re-box the application to an exception wallet and either hand it to your support clerk to take to CFT with the daily referrals or place it in the CFT referral box for your OTL to check

CFT staff must:

1. Contact the CPST by email attaching scans of documents and application details to discuss the case and get advice.

2. Store the application in pigeonhole awaiting the CPST outcome.

3. Follow Returning applications: AMS.

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.

The Child Protection and Safeguarding team (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 consider a request to change a minor’s name 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 from the other parent, 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 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. Assess the case and create a watchlist entry if necessary 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:

• without asking for the other parent’s or guardian’s consent

• only with a court order

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.

1. 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

2. Use the DAP (Digital Application Processing) comms builder or Application Management System (AMS) to create and email 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 application case notes on DAP or AMS to record your actions and decision (you must not add any sensitive information in case notes).

4. Assess the customer’s evidence when it is received (if you have requested any) and keep scans of the evidence as a permanent record.

5. Decide whether to:

• keep the application in CPST for processing (AMS applications will be held in local CFT virtual pigeonholes or physically located with CPST for applications processed in Glasgow)

• return the application to examination for processing through local CFT teams

6. Add a case note to the application to record your final decision and give instruction to the examiner if returning the application to them.

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

1. Request a new or additional court order from the customer.

2. Store the application for 30 days, before starting the withdrawal process, to allow the customer to get a court order. If the application is on DAP, it must be reviewed every 7 days. If the application is on AMS, it can be placed in pigeonhole for 30 days. The application can be placed on hold for longer periods if the customer states it will take more time to get the required documents.

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

4. Decide whether to:

• keep the application in CPST for processing

• return the application to examination for processing on either DAP or AMS.

Returning applications

This section tells HM Passport Office staff working in the Child Protection and Safeguarding team and Counter Fraud staff how to return an application to examination.

When Child Protection and safeguarding team (CPST) or Counter Fraud teams (CFT) have investigated and need to return an application with an outcome, they must fully casenote their decisions and next steps on the application.

Returning applications: DAP

When CPST get a referral on DAP they will return the application directly to the examiner.

When returning an application to examination CPST or CFT staff must:

1. Access the application using the Find applications task.

2. Select Record final decision to take the application off hold and enable the task options.

3. Select your decision on the referral:

• No further interest

• No further interest – I need an examiner to do something

• Fail – no claim

• Withdraw – unable to prove claim

• Withdraw – lost contact with applicant

• Withdraw – requested by applicant

4. Click Save and Submit.

Returning applications: AMS

If the application is held in Glasgow, once checks are complete CPST will casenote any steps to take and the paper file will be returned to CFT. CFT will note the outcome and either:

• remove the application from the pigeon hole and:

  • re-box the application to a plastic exception wallet

  • send the application physically back to examination with the support clerk when they collect the daily cases, or

• follow any steps they have been given from CPST to continue with the application themselves