Hey folks

Apologies in advance for any errors, typos, omissions, or unclear explanations. We've written this hastily whilst still in AuDHD burnout, fighting through brain fog and fatigue, after reading the latest QueerAF newsletter, which may otherwise have made this service seem legit. We are not a lawyer and we are happy to make amendments accordingly for those who have more experience than we have from our research. Also, boosts are most welcome.

The gist

Despite its official-sounding name, the UK Deed Poll Office is NOT an official government agency. They even admit as much in small print at the bottom of their contact us page:

The UK Deed Poll Office is not a government agency. Our function is purely as a document provider for the self-declaration of an unenrolled deed poll.

Problems

GDPR

We felt the need to do this post after seeing a worrying article in this week's QueerAF newsletter:

The UK Deed Poll Office just released analysis of the trends they see when trans people change their name.

Gender identity is considered special category data under GDPR, and comes with a lot of additional legal requirements for processing.

Other issues

Beyond the worrying GDPR implications, unenrolled deed polls are completely free, minus printing costs, to create, but not universally accepted in all UK nations, and yet this scam company:

• Is charging people for a free deed poll creation process.
• Implies that you need to apply for a legal name change in all UK nations.
• Implies that the unenrolled deed poll will be accepted in every nation within the UK.

Legal name?

Strictly speaking, the UK doesn't have a concept of a legal name or surnames: at least not like other countries do. Instead, it's just what name people know you by. So the term legal name is often used, but it just means whatever your name is. However, how you formally change your name to update IDs varies across nations.

England and Wales

You can easily change your legal name, so long as it's not for nefarious or fraudulent purposes. As TransActual summarises it:

It is a principle of the law in England and Wales that a person’s legal name can be changed simply by using a new name and becoming known by it. There is no legal requirement for a new name to be enrolled or registered.
-- TransActual - Name Changes - An overview

Scotland

It's a bit different in Scotland, as Scottish law is different to English law in the treatment of deed polls. Technically, an unenrolled deed poll shouldn't be accepted as a legal document for formal name updates, at least if you were born in Scotland.

To update IDs, organisations will likely require a Statutory Declaration for Change of Name, which seems to be the most-common method that people follow.

You can pay a solicitor to do it (typically up to £10), but in theory it can be done for free. You will need to find your local court and book an appointment with Justice of the Peace for them to witness your statutory declaration. You may be kept waiting a while.

You aren't required to register a change of name for it to be considered legally valid, and some Scottish people have managed to use an enrolled deed poll to update IDs, but we'd recommend asking someone who really understands Scottish name change law.

It doesn't help that the page the UK gov deed poll page links to a to Scottish gov page that sends to imply you must pay and register the name.

Northern Ireland

Northern Ireland is different again. You can use an unenrolled deed poll in theory, but you may need to apply for a name change through the General Register Office, which will cost money, and some methods may lead to registering the name change publicly.

We'd recommend reading the Rainbow Project name change page and reaching out to them for more info.

Creating a deed poll

If you do not have access to a printer, you could ask a friend if they can help you, or print from any public facility with free (or cheap) printing, like many libraries.

Although many choose to print their deed poll (or polls, if they make multiple originals) on fancy and/or thicker A4 paper (like parchment / certificate paper), this is not required. It's just to make it look more formal and less likely for be unjustly rejected when telling organisations, despite your right to rectification under GDPR.

Why you shouldn't enroll / register the name change

In England and Wales, avoid enrollment at all costs if you are trans or may be at risk if someone finds your new name.

Enrolling a deed poll will create a permanent searchable link between your old and new names, including a notification in the London Gazette. Anyone could find out your old name with only a few seconds of web searching.
-- GenderKit - Name change by deed poll - Warning

The same warning applies to Scotland and Northern Ireland: avoid registering a name change at all costs for the same folks.

Registering your name change will create a permanent searchable link between your old and new names, including a notice in The Gazette, the official publication of record. Anyone could find out your old name with only a few seconds of web searching.
-- GenderKit - Registering a name change - Warning

Removing name change from public record?

If you have already enrolled or registered your name change, you can ask The Gazette to remove your name change details, but you may not be able to remove the public record of your name change 😔

You could try to ask under the GDPR right to be forgotten, but we have no idea if that would be successful.

Where can I find more info?

Please check out the following links. They're not exhaustive, but should put you in the right direction.

• GenderKit - Name change by deed
• Free Deed Poll Generator for 16+
• UK gov page on deed polls
  
  • Adult deed poll page
  • Under 16

  
  

• TransActual - Name Change
• Scottish Trans - change of name
• Rainbow Project (NI) - changing name

#DeedPoll #UKDeedPollOffice #scam #UK #England #Wales #Scotland #NorthernIreland #NameChange #trans #transgender #enby #NonBinary #queer #LGBTQ+ #LGBTQIA+ #LGBTQIA2S+