The recent sad events surrounding Nicola Bulley going missing in Lancashire brought up memories for many, of Claudia Lawrence’s disappearance in Yorkshire in 2009. The key difference in the cases is that Claudia has never been found.
Back in 2009, when a person went missing, there was no law or even precedent for what should happen with the missing person’s property or finances, which essentially meant that bills could go unpaid, debts accrued, and financial provisions for children left to go untendered. This led to Claudia’s father pursuing what is now commonly known as Claudia’s Law.
What is Claudia’s Law?
Following Claudia’s disappearance, her father fought tirelessly to have a new law introduced that would allow a missing person’s family and loved-ones to be guardians for that person’s property and finances whilst they remain missing. The law he brought into being for is formally called the Guardianship (Missing Persons) Act 2017, but is more commonly called Claudia’s Law and came into force on the 1st of July 2019.
What is the Guardianship (Missing Persons) Act 2017?
Under the Guardianship Act, anyone who has “sufficient interest” can apply to be made a Guardian over a missing person’s property and money. Although “sufficient interest” has not been defined, if you are the husband/wife, civil partner, child, sibling, or parent of the missing person, it is very likely that you would be able to apply.
- Once the Court has considered your application, and all the supporting evidence, they will make a decision on whether you are the right person (or people) to be guardian(s). If so, they will issue a Guardianship Order which will specify what you can and cannot do in relation to your missing loved-one’s property and finances. This Order allows the Guardian to do things such as:to continue to pay the mortgage on property owned by the missing person – either in their sole name or jointly with someone else;
- to manage investments;
- to pay household bills;
- to continue to pay their children’s school fees;
- to access funds needed to support their children in other ways.
BLOG: What is Claudia’s Law? What to do when someone goes missing.
When a loved one is missing, their close family and friends are of course going through an incredibly distressing time. When emotions are running high, and you’re deeply concerned for someone’s safety, arranging legal practicalities is naturally the last thing on your mind.
If there is something specific that you need to do, but which is not included in the Guardianship Order, then you can make a further application to the Court for specific permission to do this.
Everything you do as a Guardian has to be in the best interests of the missing person, and you must keep clear and detailed records of everything you do in case you are asked to report to the Office of the Public Guardian or the Court in future.
Your must give notice to certain people (e.g. family members who aren’t applying) and also in a public newspaper as part of the application and it is possible that someone notified in this way might object. This is rare, but can happen, so if you have any concerns that someone might challenge your application, let your solicitor know straight away and they advise you about this.
What to do if a loved one goes missing
The most important things to do is report it to the police, so that they can assist with investigating and searching for your loved one.
Then, for additional support, contact Missing People (www.missingpeople.org.uk)
Still report the matter to the police here in the UK, as well as the police in the country you last knew them to be.
Then, for additional support, contact LBT Global. (www.lbt.global)
If they are missing for a long time, months or years, then that is when you might start to think about making an application for a Court Order to allow you to manage their finances and property whilst they are missing. To initiate this process you should speak with a solicitor who is experience ion missing persons law.
If you think that your loved one has died, either because of the length of time they’ve been missing, or because you have evidence to suggest that is the case, then you may want to consider making an application for an Order of Presumption of Death.
If you need assistance with an application for Guardianship or Presumption of Death, then look for an SRA authorised and regulated firm of solicitors, who have a team specialising in this type of work.
Contact us
If you are in need of assistance with a missing person then contact us at any of our offices to discuss further.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
