LOC023 Affidavit of Best Interest: Child's Deed Poll Explained

At a glance

• What it is: Form LOC023, a sworn statement that a child's deed poll name change is in their best interests — required alongside the deed poll for every enrolment application for a minor.
• Who completes it: The parent, or another person with parental responsibility, never the child themselves. A 16- or 17-year-old provides a separate signed, witnessed letter of agreement instead.
• Who can witness it: A district or circuit judge, barrister or solicitor, commissioner for oaths, magistrate, or an approved court officer — not any friend or family member.
• Consent: You need the written agreement of everyone with parental responsibility, or a court order, before the deed poll can be enrolled (Children Act 1989, s.13).
• No agreement? Apply for a specific issue order on Form C100; the court fee is currently £263 (check GOV.UK, help with fees may be available).
• Enrolment fee: £53.05 to enrol the deed poll itself (check GOV.UK for the current rate).
• Timescale: Up to 16 weeks to process; the Deed Poll Office asks you to wait 16 weeks before chasing an update.
• Judicial oversight: All applications to change a child's name are referred to a judge for permission before enrolment.

What this document is

An Affidavit (Statement) of Best Interest — Form LOC023 — is a sworn written statement used to support a deed poll application for a person under 18. It is completed by the parent, or person with parental responsibility, and sworn or affirmed in front of someone authorised to administer oaths, who witnesses the signature.

The purpose of the document is twofold. First, it explains to the court why the child's name is being changed. Second, it demonstrates that everyone with parental responsibility has either given consent or that a proper reason exists for proceeding without it. GOV.UK is clear there is no fixed format for this statement — the LOC023 is a suggested form, and if you draft your own it must still begin "I [your name and address] state on oath…" and be properly sworn.

HM Courts & Tribunals Service reviews the affidavit, alongside the deed poll and its exhibits, before a judge decides whether to grant permission to enrol. Because enrolment is a formal court process, the affidavit must be consistent with the deed poll, the child's birth certificate, and any other supporting paperwork.

A poorly drafted or incomplete affidavit — or one that doesn't match the exhibits — is one of the most common reasons applications are delayed or returned for correction.

Consent, or when you need a court order instead

Before you can enrol a child's deed poll, GOV.UK requires either the written agreement of everyone with parental responsibility, or a court order. Where a child arrangements order is already in force, section 13 of the Children Act 1989 says no one may cause the child to be known by a new surname without either the written consent of every person with parental responsibility, or the leave of the court.

If a parent with parental responsibility refuses, cannot be traced, or objects, you cannot rely on the affidavit alone. GOV.UK's own guidance directs applicants in this position to apply for a court order — specifically a specific issue order — using Form C100, sent to your nearest family court. The application fee is currently £263, though you may be able to get help with court fees if you're on benefits or a low income. You must try to reach agreement before applying for the order. See our guide on changing a child's name by deed poll for how consent and court orders fit into the wider process.

How to complete and use this document

1. Gather the core facts about the child. Before drafting, collect the child's full current legal name, the proposed new name, date of birth, and the full names of both parents as shown on the birth certificate. Confirm who currently holds parental responsibility. These details form the backbone of the affidavit and must match the deed poll and the statutory declaration (Form LOC024) exactly.
2. Set out the family circumstances honestly. Describe the parents' relationship status — married, divorced, separated, in a civil partnership, cohabiting, or single. If a parent has remarried or entered a new relationship, record it. The court is looking for a truthful picture of the child's family life, so avoid vague language or omissions that could raise questions later.
3. Explain why the change is in the child's best interests. This is the heart of the document. Describe the reasons behind the name change in plain language — for example reflecting a new family unit, or aligning with siblings. Keep the focus on the child's welfare rather than adult grievances, which the court tends to view with caution.
4. Attach the correct exhibits. GOV.UK sets out specific exhibits depending on your relationship status: a photocopy of a partner's death certificate if you're widowed, or the final order or decree absolute of divorce or dissolution — together with the written consent of everyone living who has parental responsibility — if you're divorced. If your surname on the child's birth certificate differs from your current surname, include evidence of your own change of name (for example a marriage certificate). If a new partner's surname is being taken, include a signed letter from them agreeing to the change. Every exhibit needs its own cover sheet — GOV.UK provides a template exhibit cover sheet (Form LOC028) for this. Missing or mismatched exhibits are a frequent cause of rejection.
5. If the child is 16 or 17, add their own letter of agreement. GOV.UK requires a separate letter from a 16- or 17-year-old, in both their old and new names, confirming they agree to the change. It must be signed and witnessed by someone aged 18 or over who is not related to them.
6. Swear the affidavit in front of an authorised person. The affidavit must be signed in front of a district or circuit judge, barrister or solicitor, commissioner for oaths, magistrate, or an approved court officer, who will also sign it. This can be the same person who witnesses the statutory declaration. A modest fee is usually payable for this service, separate from the court's enrolment fee.
7. Submit online or by post, and pay the enrolment fee. You can apply online at the official deed poll service, after which HMCTS emails you the LOC022, LOC023, LOC024 and LOC028 forms to print, complete and post back — or apply entirely by post from the outset. Either way, the completed, sworn forms and exhibits go to the Deed Poll Office, King's Bench Division, Room E15, Royal Courts of Justice, Strand, London WC2A 2LL, with the £53.05 enrolment fee (check GOV.UK for the current rate). Every application to change a child's name is referred to a judge for permission before enrolment, and processing can take up to 16 weeks — the Deed Poll Office asks you not to chase an update before then.

After enrolment

Once the Deed Poll Office approves and seals the deed, it is returned by post, and the child's new name is published as a public record in The Gazette. If you have a strong reason your child's details should not be published in full, you can explain this in the application, and a judge may agree to publish only a first name or surname rather than the whole change.

This guide provides general information about the LOC023 affidavit of best interest and the wider process for enrolling a child's deed poll in England and Wales. It is not legal advice and is not a substitute for advice tailored to your family's specific circumstances. Always check GOV.UK and legislation.gov.uk for the current fees, forms and procedure before you apply, as these are reviewed periodically.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.