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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What is the name of the application form to submit to UK

Customer Question

What is the name of the application form to submit to UK England court to obtain an Order to allow HM Passport Office to disclose a fathers British citizenship details as the father is out of contact for the son to establish his claim to British citizenship by descent?
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

It is form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And Form N244

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
HeloThank you. The forms you have advised me are for CLAIM? I am not satisfied this the correct form.
Expert:  Jamie-Law replied 1 month ago.

They are.

Its an order for disclosure.

That is form N244 - that is an application notice (application for disclosure)

But you need to have a disclosure claim in order to get it.

Does that clarify?

Expert:  Clare replied 1 month ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

Where was your father born and is he named on your birth certificate

Customer: replied 1 month ago.
HelloThank you. So you are advising me that N208 for is to make the claim and N244 is the Request for the Order?Do I need to complete the both form and submit the BOTH FORM TOGETHER to the local civil court with the appropriate fee to start the claim?
Customer: replied 1 month ago.
Hi ClareMy father was born in Bangladesh but REGISTERED as Citizen of the United Kingdom and Colonies under section 6(1) of the British Nationality Act 1948 before my birthI was born in Bangladesh AFTER he registered and he was married to the Woman gave birth to me. I dont know my fathers date of birth, date he registered as CUKC. Otherwise I could of obtained a certified copy of his british citizenship certificate from the National ArchivesYes his name on my birth certificate
Expert:  Clare replied 1 month ago.

Where is he at the moment?

Customer: replied 1 month ago.
His out of contact. I dont know where he is. That is why I have approached the British passport office. They have the details of his British citizenship but they have intreperted my request under the terms of Data Protection Act 1998. My request for the disclousure of his British citizenship does NOT fall under the DPA this is because it is defined as PUBLIC records under the First Schedule, paragraph 2 (1) (a) of the Public Records Act 1958: 'records of any department of Her Majesty's Government ',. the department in this case being the HM Passport Office.
Expert:  Clare replied 1 month ago.

On what basis was he entitled to be Registered as a British citizen and when did it happen?

Customer: replied 1 month ago.
Registration as a Citizen of the United Kingdom and Colonies under section 6(1) of the British Nationality Act 1948 was granted on the basis of his 'ordinary residence in the United Kingdom".I do not have the exact date he was registered. I do however know he registered before 1973.
Expert:  Clare replied 1 month ago.

Have you applied using the form available from the National Records Office?

Customer: replied 1 month ago.
I think you dont understand. I dont know my fathers details except his name. I need the date of birth and a year or date he registered.
Expert:  Clare replied 1 month ago.

Those details are not mandatory on the form - have you tried and failed?

Customer: replied 1 month ago.
Hi ***** have but in the absence of his date of birth its almost impossible. Thats why I have approached HM passport office. If the are refusing to disclose the details by relying on DPA, then I will apply to the court for an Order and ask for my cost to be paid because the information I have requested is NOT covered by the DPA as is public recordDo I need to submit the BOTH forms TOGETHER to court?
Expert:  Clare replied 1 month ago.

So you used this form

http://nationalarchives.gov.uk/contact/contactform.asp?id=7

and they drew a blank - is that correct (this is important)

Customer: replied 1 month ago.
Correct.
Expert:  Clare replied 1 month ago.

What wording did they use (also important)

Customer: replied 1 month ago.
We could not find any record of "name of father" with information you provided. Please provide us with a date of birth or year of birth.
Expert:  Clare replied 1 month ago.

OK - so how will they be able to trace the records at the Passport Office>

Customer: replied 1 month ago.
HM Passport Office issued UK passports. They have record of passport holders British citizenship record
Expert:  Clare replied 1 month ago.

Do you have the full details which will identify your father from any other person with the same name otherwise you will face the same problems as you did with the national archives.

I assume you do not have the passport number?

Customer: replied 1 month ago.
I have his full name. Thats all.Please can u tel me if I need to submit BOTH FORMS TOGETHER to court
Thanku
Expert:  Clare replied 1 month ago.

There is no Court application that you can make - you simply do not have enough details to do so

The Passport Office will need the same information as the National Archives - a possible date or year of birth

You will have better chance if you submit repeated applications using the form above and putting successive years in

The forms above will NOT assist you at all - neither of them

This is not about Data Protection it is about the fact that without another identifying factor they cannot find the document that you want

You can send both the forms to the court if you wish - but without the year of birth it is not going to give you the information that you need I am sorry

Customer: replied 1 month ago.
Hi ClareI think you are not fully note clear. Let me explain to you in detail and how I consider the information can be obtained from HM Passport Office using the law.....1. I have full sibling (same father and same mother) brother who was born in the United Kingdom before the British Nationality Act 1981 came into force. The British Nationality Act 1981 came into force on 01/01/1983.
2. Person born in the United Kingdom before 01/01/1983 acquired Citizenship of the United Kingdom and Colonies "automatically" by operation of section 4 of the British Nationality Act 1948, see here http://www.legislation.gov.uk/ukpga/Geo6/11-12/56/part/II/enacted
3. My brother was brought up by a close relative not by our parents. My brother and I do not know our parents details and they are out of contact. My brother has his fathers and mothers full name on his UK birth certificate. My brother has held several UK passports and applications for those passports required the applicant to provide the father and mothers full name, date of birth, place of birth and nationality at the time of the applicants birth and the parents date and place of marriage (if they were married). The family relative who was looking after my brother as minor knew our parents details but he is now deceased.
4. I therefore say that Passport Office will have our father's full name, date of birth, place of birth, nationality and parents date and place of marriage in record.
5. As I have previously stated British citizenship record are PUBLIC records under the First Schedule, paragraph 2 (1) (a) of the Public Records Act 1958: 'records of any department of Her Majesty's Government ',. the department in this case being the HM Passport Office.
6. By definition law, Passport Office must disclose the fathers British citizenship record on request. If they refuse that request they would be in breach for non compliance with section 1(1) of the Freedom of Information Act 2000 and NOT section 7 of the Data Protection Act 1998.
7. Has the Passport Office has refused to disclose the British citizenship record by interpreting the request under the terms of Data Protection Act 1998, I have the right to submit a notice to the Information Commissioner under section 50(1) of the Freedom of Information to investigate the matter.
8. I have however decided NOT to exercise my right under section 50(1) of the Freedom of Information Act 2000 but instead submit an application directly to the Court to grant me an Order for the Passport Office to disclose the information I have requested and for the Passport Office to pay my cost for the proceedings because my request did not fall within the scope of Data Protection Act 1998 which they relied on.
9. I will draft my grounds for the claim and refer to the relevant provisions of the law which I rely in support of my claim for an Order for Disclosure.
10. Finally, please can you let me know if the BOTH forms must be submitted together to the court and how and when do I serve the defendant (Passport Office) with a sealed copy of the Claim form and Application Notice form and how do I get the sealed forms from the court.Thank you.
Expert:  Clare replied 1 month ago.

So in fact you are asking the passport office to access details of your siblings records to identify the details of your father.

Have you asked your sibling to access this informtaion for you?

Customer: replied 1 month ago.
I have. Sibling consents
HMPO wants father consent as the are misinterperting the law
Expert:  Clare replied 1 month ago.

Ha syour brother written and asked for copies of his OWN records (not those of your mutual father)

Customer: replied 1 month ago.
1. Yes he has requested his OWN data. However HMPO have indicated in their reply, any data that is NOT his own shall not be disclosed without the third parties consent or a Court Order2. He has also requested fathers data and they have requested the fathers consent or a court order3. Please can you let me know if both forms must be submitted together and a procedure to serve the defendantThanku
Expert:  Clare replied 1 month ago.

There is another option.

You and yor brother eax=ch have birth certificates giving the same details is that correct?

Customer: replied 1 month ago.
correct.
Customer: replied 1 month ago.
Can you please let me know the process to send the formsThanku
Expert:  Clare replied 1 month ago.

Before you take the court option you need to write again with certified copies of your siblings birth certificate and passport and your applictaion and ask then to complete their own enquiries and issue your passport

At the same time write a formal letter to the Passport Office setting out the situation and pointing out that you are seeking disclosure of the applictaion form used by your sibling to gain their UK passport, and that your sibling consents to this (send a copy of his written consent)

Customer: replied 1 month ago.
No. I dont think undestand
The passport office will disclose sibling data but will remove or redact fathers detailsI do not want to waste my time. I want to start the legal proceeding. Please let me know clearly the process of the form lodging and serving the defendent
If you do not offer me this information, I will not rate you.Thank you

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