'˜Claudia's law' will help ease financial pain of families

An estimated 250,000 people go missing in the UK every year. That’s more than the entire population of York.

Thankfully the vast majority (79 per cent) return home within 24 hours. However, around one per cent are still missing more than a year later and for the families of those who disappear it is a heartbreaking ordeal, one that sometimes lasts a lifetime.

Not only do they have to cope with the uncertainty of knowing if a loved one is alive or dead, but under current law in England and Wales the disappearance of a person does not affect the ownership or control of their property and affairs, which means those left behind are unable to look after their financial affairs.

This will now change after the Guardianship (Missing Persons) Bill went through the House of Lords today as expected.

It means a guardian can be appointed after an adult has been missing for more than 90 days, allowing families and friends of missing people to manage their affairs. They would act on behalf of the missing person for up to four years, which could then be renewed via the courts.

Campaigners believe around 2,500 families in the UK will be helped by a change in the law which would also ease their suffering. The Bill, dubbed “Claudia’s Law” in honour of Claudia Lawrence who disappeared on her way to work at the University of York in 2009, cleared its first hurdle in the Lords after peers gave it an unopposed second reading earlier this month.

Speaking in support of the Bill, Government justice spokesman Lord Keen of Elie said at the time: “The Bill is unlikely to come into force earlier than about one year after royal assent. But the Government will endeavour to keep any delay to an absolute minimum.”

The measures have widespread cross-party support and will fill a gap in English and Welsh law that has long been regarded as unfair.

At present a claim for a ‘declaration of presumed death’ from the High Court can be made once someone has been missing for seven years or more, though it can also be made in cases where the court is satisfied that the missing person is dead.

However, families are often left in limbo and quite often suffer financial hardships because existing bills, 
such as mortgage repayments and council tax in the missing person’s name, still have to be paid, and if a property is in their name it can’t be sold until they are confirmed dead or a presumption of death is legally accepted.

The national charity Missing People has been campaigning to change the rules for the past six years. Josie Allan, Policy and Campaigns Manager with the charity, says the existing laws add to the stress families are already under.

“A lot of people can no longer afford to pay the mortgage on just one wage but because of the rules they aren’t able to sell their property and start to move on, and in some cases families have lost their homes.

“The emotional trauma is the hardest thing for relatives to deal with when a loved one goes missing. But a lot of families face big financial and legal difficulties too, which adds to their trauma.”

There are some heartbreaking stories. “In one case a mother kept paying her son’s mortgage for 25 years after he went missing because she didn’t want him to lose his home if he came back.”

Allan says the Bill will help alleviate this suffering. “Sadly, more families face this dreadful situation every year which is why it’s so important that this Bill goes through.

“It can’t fix the emotional difficulties people face but something so easy can make a big difference to their lives by not adding to their misery.

“In the grand scheme of things it affects a relatively small number of people but they deserve all the support they can get.”

Conservative Thirsk and Malton MP Kevin Hollinrake is among those who led the campaign for a change in the law and it was Mr Hollinrake who introduced the Bill to Parliament earlier this year.

He believes these changes are long overdue. “If you want to look after the affairs of somebody who has dementia or a family member who has passed away then there are mechanisms to do that. But there are no mechanisms to look after the affairs of someone who has gone missing. This affects mortgage payments, insurance premiums and direct debits, all these things,” he says.

“It’s a terrible injustice and it adds stress and anxiety to what is already a terribly tragic sad situation.”

Mr Hollinrake became involved through the Lawrence family. “The more you look at it and the more you speak to people affected by this issue the more you realise this is a huge injustice and a gap in the law that needs changing.

“There’s one tragic case I know of where a father of three children went missing and his family are at risk of losing their house.

“Which is why it’s incredibly important that we do provide some kind of legislation that can help people in these circumstances.”

Mr Hollinrake praises the dedication of families, like the Lawrences, that have cast aside their grief to campaign for these changes. “It’s a real tribute to the Lawrence family and their persistence and their selflessness and this legislation will help others far more than it will help them.”

It’s just over eight years now since Claudia Lawrence disappeared and her father, Peter, has been at the forefront of this campaign.

Claudia, a chef at York University, was 35 when she went missing on her way to a 6am shift at work on March 18, 2009.

Since her disappearance a number of arrests have been made but police have not yet found enough evidence to charge anyone.

Her father felt compelled to begin campaigning for a much-needed change in the law. “There are about 2,500 families waiting for this bill to become law enabling them to do what everybody else does automatically every day, like move money in bank accounts, change direct debits and renew their mortgage. At the moment these people can’t do that,” he says.

“I couldn’t believe it when Claudia disappeared. I’m a solicitor and I thought ‘there must be something I can do?’ and there isn’t. People in this situation find they are at a severe disadvantage.”

Peter has experienced first hand the unwanted stress this brings. “When a loved one goes missing you’re emotionally at your lowest ebb and this is compounded by the fact you can’t deal with their financial matters. It makes it ten times worse.”

However, his hope is that Claudia’s Law will bring this heartache to an end. “Eight years on this legislation is a little bit late to help us but that’s not why I’m doing it. I’m doing it for all the other families out there.”