What’s the difference betweeen entrolled and unenrolled Deed Polls?
The UK Deed Poll Office describes them as follows:
“An unenrolled deed poll is a straightforward document that you can prepare yourself or order through an authorised provider such as the UK Deed Poll Office. It is fully legal and valid for all purposes once it has been signed and witnessed correctly. Most people in the UK use this type because it is quick, private, and accepted by all major institutions.“
“An enrolled deed poll, on the other hand, is a deed poll that has been formally registered with the Royal Courts of Justice in London. Enrolment involves submitting your deed poll along with an application form and supporting documents. Once approved, your name change becomes part of the public record and is published in The London Gazette, an official government publication.“
The Gov.UK website warns applicants that some organisations may only accept an enrolled deed poll when updating their records, and recommends that applicants check directly with each organisation to confirm the type of deed poll they will accept as evidence of a name change.
Considerations for a child under the age of 16
Both unenrolled and enrolled deed polls are legally valid and are accepted by Government Offices, including the Passport Office and HMRC. However, the Child Deed Poll Guide (which can be seen on the UK Deed Poll Office website) states that a child under the age of sixteen can only change their name if everyone with parental responsibility provides consent. The UK Deed Poll Office also notes that it will not require sight of consent letters, as obtaining these is the responsibility of the applicant before making an application. It further explains that a deed poll does not serve as an identity document and that, for changes to official documents such as a passport, the UK Passport Office will require written evidence of consent from all individuals who hold parental responsibility.
Therefore, although an unenrolled deed poll is legally valid, we recommend that consent from all individuals who hold parental responsibility is obtained before a child’s identity is changed in any official capacity, including within NHS records, and practices should ensure that they have sought, received and reviewed appropriate evidence of such consent before making any amendments.
Actions you could consider if you receive an unenrolled name change for a child:
- You could contact the parent to explain that although the practice can accept an unenrolled deed poll as legally valid, written confirmation is required that all individuals with parental responsibility consent to the name change before the child’s NHS records can be updated. You can record the information you obtain this way.
- Consider whether direct contact with the other parent is necessary; however, if the parent requesting the change is able to provide clear written confirmation of consent from all those with parental responsibility (as noted above) then it may not be necessary. If such confirmation is not provided, the practice should advise that it is unable to proceed.
- If matters do not progress, consider offering to update the child’s “known as” or preferred name within the record, which maintains the legal name unchanged but enables the child to be addressed by the name preferred by the parent until the patient is able to change their legal name independently once they are sixteen.