Guidance

Confirming consent by third parties

Published 15 February 2024

This guidance tells His Majesty’s Passport Office staff how to deal with applications completed and consented to by third parties.

About: Confirming consent from third parties

This guidance tells His Majesty’s Passport Office staff how to deal with applications that are completed on the intended passport holder’s behalf by third parties, because:  

• the intended passport holder:
  • has a mental or physical disability
  • has a learning difficulty
  • cannot read or write
  • has a temporary injury (for example, a broken arm or other medical condition)
• they are acting in place of a parent (in loco parentis) or legal guardian

It includes what evidence we need to confirm the third party is the most appropriate person to submit the application and what we need to confirm the third party’s identity.

You must follow this guidance if the intended passport holder cannot complete the application or is a child being looked after by a person acting in place of a parent.

You must follow Customers who are unable to sign their passport if the intended passport holder:

• is unable to sign their new passport; or,
• has made the declaration themselves (online) but cannot sign the new passport

For the purpose of this guidance a third party is not a parent or legal guardian (holding parental responsibility) of a child under 16 years or a parent or legal guardian of a young adult who is subject to a court order or is changing their gender.

You must transfer the application to AMS (Application Management System) if you are processing the application on DAP (Digital Application Processing) and you need to ask the customer for new application form. This is because we do not yet have the functionality in DAP to request a new form or completed declaration.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Guidance team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance team.

Publication

Below is information on when this version of the guidance was published:

• version 3.0
• published for Home Office staff on 22 September 2023

Changes from last version of this guidance

This guidance has been updated to reflect a change of name for the Guidance team.

Third party representatives

This section tells HM Passport Office staff why and how third parties may complete and consent to a passport application.

When a customer is unable to complete an application themselves, we ask them to get a third party to complete it on their behalf. They may complete the application because the customer is unable to do it themselves or they are acting in place of a parent (in loco parentis).

Third parties can be a member of the family, friend, carer, health professional, solicitors or social services acting on behalf of an adult. The third party may also be a parent when the intended passport holder is 16 years or over.

When a third party applies on behalf of a customer, they must tell us why the intended passport holder (or parent or legal guardian with parental responsibility) did not apply themselves. They must:

• explain why:
  • in a signed letter; or,
  • in section 8 on the paper application form; or,
  • using the free text field on DCS
• send us evidence to confirm they are the most appropriate person to apply for the passport
• send us information to confirm their own identity

To ask the third party for the information we require, you must send system letter:

• 513 if you are processing the application on DAP
• 290 if you are processing the application on AMS

The mark ‘X’ (paper applications only)

If a customer tells us they cannot sign their name, and has added an X in the signature box of a paper application, you must not accept it, as evidence of their:

• signature (even if someone witnessed them signing it)
• identity
• consent to make the application

You must check for previous applications from the customer that may explain why they use the mark ‘X’ as a signature and send them a new paper application form and Application Management System (AMS) letter 290 to tell them to:

• find a third party to complete the application on their behalf
• tell us why they cannot sign the application (if it is not explained on a previous application)
• send us evidence why they cannot sign their name (if not provided on a previous application)

Checking if the customer can sign their new passport

You must not assume a customer who is unable to complete their application is also unable to sign their passport. For example, a customer may ask a third party to complete an application on their behalf but may still be capable of signing their own passport, if English is not their first language.

You must make sure you check with the customer or third party and find out if the customer will be able to sign their new passport or not. See Customers who are unable to sign their passport.

Confirming the third party’s identity

This section tells HM Passport Office staff how to confirm the identity of a third party when they complete an application on behalf of an intended passport holder

You must check the third party’s identity if they apply on behalf of an adult customer, or they are not the child’s social worker but are acting in place of a parent. You must ask the third party for the information we need if they do not provide the information with the application. You must send system letter:

• 513 if you are processing the application on DAP
• 290 if you are processing the application on AMS

Letters 513 and 290 ask the third party for: 

• full name and address
• British passport number (if they have one) or a document that includes their signature, such as:
  • a valid signed passport
  • EEA member state identity card
  • current EEA or UK photo driver’s license card
  • national identity card with a photo of the holder

If they cannot send in one of the documents above, they must send 2 alternative documents, issued in the last year, which confirm their name and address. Alternative documents could include:

• a bank statement
• gas or electricity bill
• a letter from their employer
• official letters from UK government departments (for example, child benefit letters, pension statements)

When you receive an application completed by a third party or their reply to system letter 513 or 290, you must:

1. Check the third party’s signature in the letter or application form is genuine.
2. Make sure the evidence explaining why they have completed the application is acceptable.
3. Make sure any additional evidence to support the application is acceptable (for example, if the third party is acting in place of a parent (in loco parentis) or has power of attorney).
4. Add a case note to record the information you have received and your checks and decisions and:
   • keep the evidence and correspondence on the application as a permanent record (you must scan this if you are working on AMS (Application Management System)).

Confirming a third party can apply on behalf of the customer

This section tells His Majesty’s Passport Office staff what evidence a third party must send us to show they are the most appropriate person to apply on behalf of the intended passport holder (or absent parent)

When a customer asks a third party to complete the passport application on their behalf, we ask the third party to send us evidence confirming they are the most appropriate person to do this.

The third party must send us acceptable evidence from another source or medical professional confirming the intended passport holder (or absent parent) cannot complete the application.

This evidence must have a wet signature; a wet signature is when a person who writes the letter physically marks it with their signature. This means we cannot accept these letters by email. You (the examiner) must not accept a letter that is unsigned or undated, you must ask for a new one.

You must be aware:

• the intended passport holder may have included the evidence with their application
• we may already have the evidence we need as part of an earlier application

An operational team leader (OTL) must make the decision to accept or reject any alternative evidence sent in. If you have doubts about the alternative evidence, you must raise a guidance query for referral to the Passport policy team.

Third party applications: protecting the customer

If you have concerns (for example, someone is trying to fraudulently obtain a passport) you must discuss the application with your operational team leader (OTL).

If you are concerned the intended passport holder may be unaware of the application, you must contact them to check the consent is genuine. You must send system letter S020 if you cannot reach the customer by phone.

If you are not satisfied with the answers to your questions and you suspect fraud, you must case note the application and refer it to the Counter Fraud team (CFT). CFT will consult with the Child Protection and Safeguarding team (CPST) to get the proper authorisation to issue a passport depending on their investigation.

Third party evidence: renewal and replacement applications

If a third party is applying for a renewal or replacement passport, you may not need to ask for evidence the intended passport holder is unable to complete the application, as we may already have it on:

• on a previous application form (recorded on Main Index (MI))
• on a document image (recorded on MI)

You must ask for extra evidence, if:

• the evidence from MI does not still apply, for example:
  • a court order is out of date
  • there have been changes to a customer’s care arrangements
• MI shows no evidence to explain why:
  • a third party applied for the previous passport
  • we issued the previous passport with a note in the signature strip confirming the holder does not need to sign
  • the customer has included a letter on this application to tell us they cannot complete the application
  • the customer leaves the signature box empty or marks it with an X (paper applications only)
• the third party is acting in place of a parent (in loco parentis)

Third party evidence: change of name

If a third party completes the declaration and the intended passport holder has a change of name, you must ask for evidence to confirm they can consent to the change of name as well as completing the declaration.

Evidence to show why the third party completed the declaration

The evidence a third party must send to confirm they are the most appropriate person to complete the customer’s application can include (but is not limited to):

• a letter from a doctor, health professional or social services confirming the circumstances
• a document showing the third party has Lasting Power of Attorney
• a court order issued by the Court of Protection or a similar court order issued by the courts in Scotland or Northern Ireland confirming a passport should be issued
• an overseas court order
• evidence confirming the third party is acting in place of a parent (see Acting in place of a parent: in loco parentis for evidence needed to confirm loco parentis)

Third party evidence: from medical professionals

The third party must send a letter from a medical professional if the intended passport holder cannot complete the application or sign their name on their new passport, as they have a:

• medical condition (for example, a condition that requires medical care or they need their passport to travel for treatment)
• a temporary medical condition (for example, a broken arm)

The letter must:

• be from a medical professional, such as a:
  • doctor
  • staff nurse (RGN)
  • care home manager
• include:
  • the medical reason the customer cannot sign their name
  • their wet signature and date
• confirm why the person completing the application is the most appropriate person to do so

When you receive the letter, you must check the evidence.

Third party evidence: from an independent source

We will accept a letter from a parent or an additional third party if the intended passport holder cannot complete the application. For example, if they:

• cannot read or write
• have a mental or physical disability that does not involve medical care (for example, cerebral palsy)
• have a learning difficulty

The additional third party may be a spouse, relative, teacher, social worker, community group or a friend. The additional third party may also be a parent when the intended passport holder is 16 years or over.

The letter must include:

• the reason the customer cannot complete the application and sign their name
• the additional third party’s wet signature and date
• why the person completing the application is the most appropriate person to do so

When you receive the letter, you must check the evidence.

How to check third party evidence

When a third party applies for a passport for a child or vulnerable adult you, the examiner, must:

1. Check there are no vulnerability indicators in:
   • supporting documents (for example, a court order with the application)
   • section 8 (for paper applications)
   • the free text field (for online applications)
2. Check Main Index records to confirm if we need more information or can continue based on the information in case notes and scanned information.
3. Check the third party evidence letter, where provided (from a professional or additional third party):
   • explains why the intended passport holder is not able to consent to their application
   • explains why the third party who sent the application is the most appropriate person to do so
   • includes the date and a wet signature
4. Confirm:
   • professional job descriptions are genuine, using external reference sources, for example: to see if the doctor is employed at the medical practice stated on the letter
   • confirm the signature on the letter is genuine if a non-professional person (an additional third party) has sent the letter
5. Add a case note recording your checks, and decisions
6. Scan all letters onto the application as a permanent record (if you are working on AMS).