• 1 April 2016

Still No Timetable For Missing Persons’ Law

by Macks Solicitors

The government has renewed its promise to help relatives take care of their loved ones affairs when they go missing – but no timetable has been set for Missing Persons’ Law reforms.

Peter Lawrence, whose daughter Claudia disappeared in mysterious circumstances in March 2009, attended a discussion on the issue in the House of Commons.

The debate into the introduction of a “guardianship law” was tabled by York Outer MP Julian Sturdy, who includes Mr Lawrence among his constituents.

The legislation has also been dubbed “Claudia’s Law”.

Under existing data protection and contract law, a signature is needed before families can carry out any transactions on a bank account, including the cancellation of direct debits.

Similar restrictions apply to property held in the name of the missing person, sometimes leaving mortgages unpaid and homes at risk of being repossessed.

A year ago, in March 2015, the government announced it would introduce a new legal role of “guardian” in such cases but no Bill has yet been forthcoming.

Mr Study called on the government to introduce a Bill as a matter of urgency.

“We must ensure that these vital protections are put in place as quickly as possible to help families whose loved ones go missing,” he said.

“It was reassuring to hear that from the Minister that the government remain committed to delivering these important changes, and I will continue the campaign until the government delivers on its promises.

“Whilst it is disappointing that the Minister could not commit to a definitive date for bringing this legislation forward, I will be listening closely to the Queen’s Speech on May 18 with hope and anticipation.”

Minister for Justice Dominic Rabb said his department was working on proposals but added that he was unable to give a definitive timetable at this stage.

“I know my honourable friend and Mr Lawrence will be disappointed that we have not legislated sooner, I acknowledge that,” he said.

“All I can say is that we will do everything we can to progress the proposals into legislation and I am inspired by the example that he and my honourable friend set in this regard.”

Mr Lawrence expressed his relief that the government remained committed to reforming Missing Persons’ Law.

Missing Persons' Law
Lynda Monks

Lynda Monks, a Wills and Probate specialist at Macks Solicitors, welcomed the promised change to the law.

“While such cases are rare, the problems caused by having to wait until the statutory period of seven years to elapse can cause real difficulty,” she said.

“Any proposal to assist will provide assistance to a family caught up in such circumstances.”

Despite several arrests, nobody has been charged over the disappearance of York University chef Ms Lawrence, who would have celebrated her 42nd birthday last month. The police are treating the case as a murder investigation.

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