Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding.
This FAQ looks at schools’ obligations where a pupil’s name has been changed by deed poll. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.
Q: Lee’s mum has come into school with a deed poll changing Lee’s surname to that of her new partner. Should the school go ahead and change Lee’s name?
A: To change a child’s name, consent is required from all those who have parental responsibility for the child (unless the change is being made by court order (section 13, Children Act 1989)). Such consent should be obtained in writing. Companies have been known to execute deed polls evidencing a change of name even without the consent of all those with parental responsibility so schools should proceed with caution. The deed poll is merely evidence of the mother’s consent.
If the child’s father also has parental responsibility then he must also consent, even if he is absent. A child’s father will have parental responsibility if he was married to the mother at the time of the child’s birth or has since married her. If the child was born after 1 December 2003, he will also have parental responsibility if he is named on the birth certificate or has since acquired it (see Practice note, Parental responsibility: what is it and who has it?).
For more information, see Ask, Can a person with parental responsibility for a minor change that minor’s name by deed poll?.