Issues with updating name on UK Passport, documents not accepted, but should be

Bonbonberry

Hello all. I’m seeking advice regarding a possible error the passport office has made with my name change renewal. 

I recently sent off my documents to change the name on my passport – My marriage certificate for the surname and my re-registered birth certificate with my new forenames, along with my current passport, an energy bill with the new name and my council tax bill with the same. This is classed as a renewal, and the documents required to prove I am using my new name. 

The names I will use here are fake for privacy reasons – The birth name I’ll use here is JOSEPHINE BLOGGS, and my new full name is TOPSY LOPSY TURVY 

I got a passport issued in 2021 – with my birth name as it was at the time, Josephine Bloggs.
I married in 2022, changing my name from JOSEPHINE BLOGGS to JOSEPHINE TURVY
This year, 2023, I changed my legal forename from JOSEPHINE to TOPSY LOPSY, thus making my new legal name TOPSY LOPSY TURVEY

I was born in Scotland, and because of this, I can register a change of forename(s) with the General Registrars’ Office of Scotland and have a new birth certificate issued with the former birth name noted at the bottom in the notes; “formerly known as”. The name on the new birth certificate shows as TOPSY LOPSY BLOGGS. GRO Scotland confirms that we don’t need to change the surname on this, as a marriage certificate is evidence enough to change a surname. They state on their website (for surnames):
“No, you are not required to complete a change of name form. It is accepted that partners may wish to assume a surname following marriage or registering a civil partnership.”

According to the passport office casework guidance (available publicly), “Names: evidence to change a name”, the evidence I have sent is sufficient to have a full change of name and a new passport issued.
Here is what they say in the relevant section: 

“Customers born (or adopted) in Scotland, can officially change their name by applying to the National Records of Scotland. They will be given a new Scottish birth certificate showing their:
new name
old name
You must accept the Scottish birth certificate as evidence of a change of name.”

To sum up – Surname changed due to Marriage in 2022, Forenames changed due to the re-registered birth certificate in 2023, both of which should be accepted by the PO as evidence. 

However, I received an email from the PO stating the following: 

We need you to confirm you changed your name before we can continue and print your passport. We have; name at birth JOSEPHINE BLOGGS
Marriage Certificate received JOSEPHINE BLOGGS to JOSEPHINE TURVY XX/XX/2022
Re reg as TOPSY LOPSY BLOGGS on XX/XX/2023. (the new birth cert)
Need change of name deed from JOSEPHINE BLOGGS to TOPSY LOPSY TURVY. (???)

This seems wrong and completely illogical as, technically, my new name at birth is TOPSY LOPSY BLOGGS, which then became TOPSY LOPSY TURVY in 2022. They are taking my new birth certificate as my name from 2023, but it should count as my name from birth. I can’t go back in time and change my marriage certificate to a name that didn’t exist when the marriage was registered. Deed Polls aren’t typically done in Scotland; we either do Statutory Declarations or update our name via new-birth cert; both are legal and recognised by the PO.

I did call them today, but obviously, it’s a call handler who can’t investigate it properly due to their role. A message has been passed onto the office, and if I don’t hear anything in 48 hours, to call back.

I appreciate this is a very nuanced issue and somewhat complex, but it shouldn’t be. I did email the Passport people on their email address before continuing with the renewal for the new name, and they did state that both name changes can be done on the same application.

Has anyone else had a similar issue? Not sure where to go from here if they appear to be confusing their own guidance - or if they even are? 

tightauldgit

If you're satisfied your documents are correct and you've satisfied the requirements but been wrongly denied then I think the only thing you can do is follow the complaints procedure https://www.gov.uk/government/organisations/hm-passport-office/about/complaints-procedure

I don't know how quickly that will get you a resolution, I expect it may well take a while unless they acknowledge an error.

NoodleDoodleMan

Some years ago our local Member of Parliament told me that the Passport Office would give swift attention to  appropriate cases referred to them by MPs.

Maybe the OP should look into that route ?

sheramber

So the problem according to the PO is your  new birth certificate was issued after your marriage certificate , so your marriage certificate is  for Josephine Bloggs to Josephine Turvey but your new name of  Topsy Lopsy Bloggs does not appear on your marriage certificate.

Bonbonberry

NoodleDoodleMan said:

Some years ago our local Member of Parliament told me that the Passport Office would give swift attention to  appropriate cases referred to them by MPs.

Maybe the OP should look into that route ?

That is next in line if their response doesn't resolve the issue after 48 hours. Thank you for the info you provided regarding what your MP said. 

sheramber said:

So the problem according to the PO is your  new birth certificate was issued after your marriage certificate , so your marriage certificate is  for Josephine Bloggs to Josephine Turvey but your new name of  Topsy Lopsy Bloggs does not appear on your marriage certificate.

It appears that this is how they've viewed the issue, but the way the Birth Certificate is amended here is that it's done as what is known as an RCE - a Register of Corrected Entry. This is the same process if there are any errors on the birth certificates, for example - spelling errors, inserting a father, inserting a middle name, or changing an adult or child's name. Which effectively "backdates" the birth certificate. The birth certificate has my previous name, "formerly known as Josephine Bloggs", which should cover the information required to update my passport. It shows a connection between all of my names on the various certificates. Their guidance states that a clear linkage is shown between all of the documents given, and this is the case here. 

What they are looking for doesn't exist on any paperwork. They have asked for a "deed" that shows my name change from Josephine Bloggs (birth name) to my full new name, Topsy Lopsy Turvey. This isn't possible - unless I spend money on a Statutory Declaration (and a wait time for an appointment), which is quite costly and seemingly unnecessary. It just nonsensical to me. These are official documents which have gone through the correct channels. I would understand if my birth name wasn't mentioned on my amended birth certificate, but it is.

If you're satisfied your documents are correct and you've satisfied the requirements but been wrongly denied then I think the only thing you can do is follow the complaints procedure 

I don't know how quickly that will get you a resolution, I expect it may well take a while unless they acknowledge an error.

Thank you, I will go down this route, also with the MP, if nothing is resolved. I was hoping to get the passport as soon as possible as it is my only form of photo ID. Everything else is in my new name - HMRC, Banks, Bills, just this is a final hurdle which seems to have some odd hoops to jump. 

Bonbonberry

If I was to get a "deed" or Statutory Declaration, I don't believe that would work anyway because my legal forenames have been officially changed from my name at birth, so that wouldn't work either. This would mean it's impossible to get a passport at all since they now have my old one. None of this seems reasonable. 

maman

I'd say that your MP (who should be fully conversant with the Scottish system) is a good next step. That's assuming you don't get anywhere when you call back later in the week. 🤔

smudge56

The reason they are asking is because you changed your name by marriage and subsequently your passport from Josephine Bloggs to Josephine Turvy.  After that date you re registered you birth certificate to Topsy Lopsy Bloggs Your passport is in the name Josephine Turvy so they are looking for a change of name from Josephine Turvy to Topsy Lopsy Turvy.  Make you own change of name deed https://www.gov.uk/change-name-deed-poll/make-an-adult-deed-poll. send it in.  It’s quicker than arguing with inexperienced examiners. And you could wait for months before you get someone who actually accepts it.