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Headteachers / DSLs / Designated Teachers / MIS Management Staff

Virtual School Update - ACTION REQUIRED

Important Guidance on Name Changes Prior to Adoption

Dear Colleagues,

We are writing to alert you to significant and ongoing issues arising from some schools changing children’s names on MIS systems before a legal Adoption Order has been granted. This is creating serious risks within our Local Authority systems (MIS → EYES) and has the potential to cause unlawful data breaches involving highly sensitive information.

1. Legal position: names cannot be changed before an Adoption Order

Please note the following statutory requirement:

Until a Court grants an Adoption Order, a child must be recorded in all legal documents and on all statutory systems under their birth surname. This includes:

  • School MIS systems
  • EYES
  • Any statutory records
  • Any documentation that contributes to a child’s permanent education record

Although adopters may request that their child is “known by” their adoptive surname in day to day school life, this does not allow any change to formal, legal or electronic records.

Changing a child’s surname prematurely:

  • Links adoptive details to birth family records in EYES, creating a direct and serious data protection breach
  • Compromises confidentiality and safeguarding
  • Breaks the required separation between pre and post adoption records
  • Is unlawful without PR holder consent (which adoptive parents do not hold until the Adoption Order)

This MUST NOT occur under any circumstances.

2. Managing identity and day to day use of names prior to adoption

We recognise that this period can create uncertainty about how best to manage a child’s identity in school.

To support confidentiality and avoid unnecessary administrative changes before and after adoption, schools may wish to consider:

Using first names only on books, trays, labels or display materials for the whole class.

This approach:

  • Protects the child's identity
  • Avoids highlighting differences between pupils
  • Reduces the need to re issue labelled materials after the Adoption Order
  • Supports safeguarding and confidentiality

You should discuss this with the child’s social worker and adoptive parents to agree the most appropriate approach for that child.

3. What must happen once the Adoption Order is granted

When the court grants an Adoption Order, the child’s legal identity changes and schools must update their systems accordingly. It is essential that this process is followed precisely to maintain confidentiality and avoid any connection between pre and post adoption records.

Required actions for schools once the Adoption Order is issued:

  • Create a brand new record for the child in their new legal name.
  • This record must include a new UPN.
  • Close the existing record by marking the child as a leaver.
  • Off roll them at the end of the previous term.
  • Record their attendance total from the old UPN so it can be manually added to the new file.
  • Ensure the two records are entirely separate.
  • Delete all links between the old and new records.
  • There must be no cross referencing within your MIS.

Once received, the Local Authority will then update its systems using the new electronic files.

Before completing any paperwork – whether pre or post order – schools should always liaise with the child’s social worker and adoptive parents.

4. Additional guidance available

We attach the Guidance for Schools with Children who Left Care through a Permanency Order (pdf, 786kb)  which is also available on the Virtual School’s website

This includes further detail on supporting children through adoption, SGO and other permanence pathways.

If you are unsure about what to do in any individual case, please do not hesitate to get in touch with the Virtual School. We are always happy to advise.

In the meantime, we are reviewing our training for schools and settings to ensure that all colleagues feel confident in managing these situations safely and lawfully. View and book on to Virtual School training on the Virtual School page.

5. Summary – What schools must not do

To be absolutely clear:

  • Schools must not change a child’s name on their MIS or any statutory record before the Adoption Order is granted.
  • Doing so is unlawful and creates a serious safeguarding and data protection risk.

Please ensure that all relevant staff in your school or setting are made aware of these requirements.

Your vigilance and adherence to these procedures are essential in safeguarding our children and protecting their identities.

Oxfordshire Virtual School