'˜Claudia's Law' clears first hurdle in the Lords

So-called Claudia’s Law, in memory 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.

The draft legislation would ensure someone with a sufficient interest in the property and affairs of a missing person could be appointed as a guardian by a court 90 days after the disappearance.

Campaigners believe around 2,500 families will be helped by the law change making it easier to deal with the financial affairs of missing loved ones.

Peter Lawrence, Claudia’s father, and Conservative MP Kevin Hollinrake are among those who have led efforts to introduce the Guardianship (Missing Persons) Bill, which must undergo further scrutiny in the Lords before it can become law.

Speaking in support of the Bill, Government justice spokesman Lord Keen of Elie said: “Some of the details of the scheme of guardianship will be set out in rules of court, of course, and in regulations and statutory guidance.

“To allow these to be drawn up and for potential users to familiarise themselves with them, 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.”

Lord Keen added: “The creation of the new legal status of guardian of the property and financial affairs of a missing person will not solve every problem created by a disappearance.

“But it should provide an effective, practical and relatively straightforward remedy to some of the practical problems created in these circumstances.”

Liberal Democrat peer Baroness Hamwee, who introduced the Bill to the Lords, said the measures would “fill a gap” in English and Welsh law.

Shadow attorney general Baroness Chakrabarti offered Labour’s support, noting: “It provides a much-needed remedy to the sometimes devastating financial and legal problems faced by the families of missing persons as a result of a gap in the law, which has remained unfilled for far too long.”

A guardian could be appointed for a period lasting up to four years, which could be renewed by a further court application, under the terms of the Bill.

The proposal would compel the guardian to act in the best interests of the missing person.