51²è¹Ý

Introduction

This guidance is to help Local Authorities Children’s services departments make passport applications for children in their care.

The following information applies to passport applications made on behalf of children who are subject to:

• Care orders under section 31 of the Children Act 1989, article 50 of the Children (Northern Ireland) Order 1995, and parental responsibility orders under section 11 of the Children (Scotland) Act 1995
• Permanence Orders issued under the Adoption and Children (Scotland) Act 2007, and compulsory supervision requirements issued under section 83 of the Children’s Hearings (Scotland) Act 2011
• interim care orders under section 38 of the Children Act 1989 and article 57 of the Children (Northern Ireland) Act 1995
• provision of accommodation under section 20 of the Children Act 1989, article 21 of the Children (Northern Ireland) Order 1995, section 25 of the Children (Scotland) Act 1995 and Section 76 of the Social Services and Well-being (Wales) Act 2014

The Local Authorities Children’s Services Department should note that where a care order is in place, it will not be able to remove the child from the UK for a period of more than one month without the consent of every other person who has parental responsibility for the child. Some court orders may prohibit travel for children in care, but not prevent the issue of a passport.

Where HM Passport Office (HMPO) is satisfied that all nationality, identity, entitlement and vulnerability requirements have been met, a passport will be issued. HMPO does not check the purpose for which someone is obtaining a passport, and it is the responsibility of the Social Services Department to ensure any care order is upheld in respect of travel.

Application process

Information on how to apply for a passport can be found at Apply online for a UK passport - 51²è¹Ý. It’s cheaper and easier to apply online. We’ll tell you what details you need to complete and what documents you need to send us.

These notes do not cover all aspects of the application process so must be used alongside customer guidance published online at: ‘get a passport for your child guidance’ and ‘guidance for paper application forms’.

Local Authority Children’s Services should apply as soon as the need for a passport is identified. We advise you not to book any travel until you receive the child’s passport.

Applications for a child’s passport are not eligible for the same day premium service. If the application is urgent, details of services available for children can be found online at Get a passport urgently.

Local Authority Children’s Services will need to source and provide documents to evidence nationality, which may include documents from parents.

The passport and supporting documents will be sent to the Local Authorities Children’s Services Department. You must enter this address when asked for the child’s residential address when applying. We return all passports by secure delivery; the passport will be addressed to the Local Authorities Children’s Services Department and a member of staff will need to sign for receipt of the passport.

For applications submitted online a referee will need to confirm the identity of the customer and the intended passport holder (the child). They will need to provide an email address we can contact them at. The referee must hold a current and valid (unexpired and uncancelled) British or Irish passport and be able to pass our identity checks. See below section ‘Who can act as referee for a child in care application’.

Establishing British nationality

British passports are issued to British nationals where relevant evidence of their claim to British nationality can be provided under the British Nationality Act 1981. For child cases, documents must be provided that:

• confirm the child’s birth; and

show that a parent was a British citizen or was settled in the UK at the time of child’s birth in the UK.

If these cannot be provided, a registration certificate should be provided showing the child has acquired British citizenship.

‘Applying for a passport’ gives more details about which documents may be needed. Once you have completed the application you will be given a list of documents needed and the address to send them to.

Where the documents are unavailable HMPO will consider alternative documents that provide evidence of citizenship. The acceptance of documents is not prescriptive, and each application will be considered on its own merits and a passport will only be issued when the claim is proven. If you are having issues obtaining documents, please contact the passport adviceline.

We understand that getting the necessary documents can be a lengthy or difficult process, especially where the child’s parents are not co-operative or cannot be contacted. In exceptional circumstances where there are issues in getting supporting documents, HMPO will work with local authorities to assess child in care cases on a balance of probabilities, in line with our Supporting documents not available guidance on 51²è¹Ý.

It is important to provide as much detail about the natural parents as possible. Birth in the United Kingdom after 31 December 1982 does not automatically make the child a British citizen and we will need documentary evidence to show the claim to British citizenship. You can check online if someone has an automatic claim to citizenship here: Check if you’re a British citizen: Overview - 51²è¹Ý

If there is not an automatic claim to British citizenship, it may be possible for the child to be registered as British. Information can be found online: Check if you can become a British citizen - 51²è¹Ý

Consent and authorisation required to apply for a passport for a child in care of the Local Authority

Local Authorities Children’s Services Departments are normally only entitled to apply for passports for a looked after child when they have parental responsibility. This will be the case if they have obtained any one of the following in respect of the child:

• a care order under section 31 of the Children Act 1989 or article 50 of the Children (Northern Ireland) Order 1995
• a parental responsibility order under section 11 of the Children (Scotland) Act 1995
• a Permanence Order made under the Adoption and Children (Scotland) Act 2007
• compulsory supervision requirements section 83 of the Children’s Hearings (Scotland) Act 2011
• an interim care order under section 38 of the Children Act 1989 or article 57 of the Children (Northern Ireland) Order 1995

In any of the above cases, Local Authorities Children’s Services can apply for a passport on behalf of the child without the consent of the child’s parents, or anyone else who has parental responsibility.

When applying for a passport for a child in care of the Local Authority, the Director of Children’s services (or equivalent title, for example their deputy, area manager, or Principal Manager of Community Care) for that area must consent to the application.

They must give their consent by completing the declaration on the application or by providing additional consent in a covering letter, if they did not complete the declaration. For example, if a young adult, a parent, social worker or foster parent completes the application, they must provide a letter of consent which has been signed by the Director (or equivalent title).

The Director (or equivalent title) or a representative of Children’s Services must also:

confirm in writing:

• the child’s full name and the application reference number
• which act and section of the act the child is subject to
• that there are no other causes for concern with the application
• that no-one will remove the child from the UK for a period of more than one month, without the consent of every other person who has parental responsibility for the child
• the Children’s Services office address where they want us to send all mail, the passport and supporting documents (we cannot send passports and documents to any other address)
• the Children’s Services email address where they want all email correspondence to be sent to
• name and contact details for any other person who may be dealing with this application on behalf of Children’s Services is
• a copy of any court orders (apart from a full care order) relating to the child
• if they are unable to provide all the documents we need, together with the reason(s) for this (where applicable)

If the Local Authorities Children’s Services Department has previously applied for a passport on the child’s behalf and is applying for a renewal, they must provide a letter as outlined above, along with confirmation that there have been no changes to the terms of the court order or the child’s details. If there have been changes, a copy of the relevant court order should be provided.

Court orders that must be provided if applicable to the application:

• care orders from England and Wales if they are:
  • interim care orders
  • placement orders
• permanence orders made in Scotland
• any court order relating to parental responsibility from the Isle of Man or the Channel Islands

Local Authorities Children’s Services may also obtain parental responsibility by successfully applying for Emergency Protection Orders (for example under section 44 of the Children Act 1989). However, due to the short-term duration of these orders and the uncertainty of future arrangements, HMPO will not accept an application made on behalf of a child subject to such orders.

In all other cases, Local Authorities Children’s Services does not hold parental responsibility and the application cannot be processed without the consent of at least one person who has parental responsibility (parental rights and responsibilities in Scotland) for the child. This could be anyone who has been granted parental responsibility by the Court.  

Where a child is accommodated and the whereabouts of a person with parental responsibility is unknown, the Local Authorities Children’s Services Department should explain in full why they have given consent in the absence of a person with parental responsibility. The letter should give details of how long those with parental responsibility have been missing and tell us what steps have been made to find them. Consideration will be given to issuing a passport, dependent upon the individual circumstances.

When a child is accommodated and the whereabouts of a person with parental responsibility is known, but consent to passport facilities is withheld, HMPO will be unable to issue a passport.

Foster parents cannot provide parental consent for passport applications.

Full care/parental responsibility orders

If the child is subject to a full care order under section 31 of the Children Act 1989, article 50 under The Children (Northern Ireland) Order, or a parental responsibility order (Scotland), then the Local Authorities Children’s Services Department will have automatically gained parental responsibility. They will therefore be able to give consent to the passport being issued for the child.

A copy of the order does not need to be sent with other supporting documents.

Interim care orders

In order to issue a passport when an interim care order is in force the order will need to be valid on the day we issue the passport.

If it is not valid the Local Authority will have to reapply to the courts before making a passport application. A copy of any interim care order must be included with the application. It is advisable that you confirm that there has been no further court order issued.

Provision of Accommodation under Section 20 of the Children Act/Social Services and Well-being (Wales) Act 2014/1989/Supervision Requirements (Scotland)

The Local Authorities Children’s Services Department will not be able to apply for passport facilities for the child without the consent of a parent, guardian or other person with parental responsibility if a child is subject to:

• ‘the provision of accommodation’ (in England or Wales)
• supervision requirements (in Scotland)

In these cases Local Authorities Children’s Services must provide written (signed and dated) consent to the issue of a passport of at least one person who has parental responsibility (parental rights and responsibilities in Scotland) for the child. This could also be anyone who has been granted parental responsibility by the Court.

Referees

Who can act as referee for a child in care application:

If the passport application needs a referee, the person acting as referee must meet certain criteria as set out in Confirm someone’s identity online for a passport application: Who can confirm someone’s identity - 51²è¹Ý.  If making an online application, you will be asked to provide an email address for the person who will be acting as referee. They will then be contacted and asked to confirm details about the child and the person who has provided consent for the application.

We recommend that the child’s Social Worker should act as referee as they are the person best placed to be able to identify the child from personal knowledge. Please note that any suitably qualified person who meets the criteria and who holds a current and valid (unexpired and uncancelled) British or Irish passport may countersign the form as long as they have personal knowledge of the person providing consent for the passport application and the child.

The referee will be asked to confirm they have known the customer, for instance the person signing or completing the declaration on behalf of the child, for 2 years. We understand this will not always be possible due to the circumstances, so will consider accepting a referee who does not meet this criteria but is able to identify the child from personal knowledge.

Lost or stolen passports

Where a child’s valid passport has been lost or stolen, anyone who holds parental responsibility, legal guardianship, or who is acting in place of a parent for the child can either:

• ; or

We cannot normally cancel a child’s valid passport without the consent of the person who applied for it. If the original customer was a parent who is not applying now, you will need their consent to cancel the passport or a court order allowing this to happen if consent cannot be provided.

If the whereabouts of the child’s valid passport is known but there is a dispute over who should hold it, you should not report this as lost. If the dispute cannot be resolved, then you may need to obtain a court order to allow the passport to be cancelled.

A letter from the Director of the relevant Local Authorities Children’s Services Department (or their deputy, area manager, or Principal Manager Community Care) must be submitted with a replacement passport application, confirming the loss/theft of the passport.

A child’s passport which has already expired can be reported lost or stolen by anyone with parental responsibility, legal guardianship or who is acting in place of a parent. Further guidance can be found on 51²è¹Ý.

If any part of this information and/or relevant documentation is missing, the paper or online application will be delayed while we contact the Local Authorities Children’s Services Department.