‘Claudia’s Law’ is the unofficial name given to the Guardianship (Missing Persons) Act 2017 which came into force in 2019. The unofficial name is after Claudia Lawrence, a chef at the University of York, who went missing in 2009. The change in the law was brought about by her father Peter Lawrence OBE along with MP Kevin Hollinrake and the charity Missing People.
The case facts:
Claudia Lawrence was aged 35 and living alone in York at the time of her disappearance. She was last heard from via a text message at 8 pm on the 18 March 2009 and was due to start her shift at the University of York at 6 am on the 19th, but she never turned up to work. This was unusual for her; when there had been no contact from her for the rest of the day, she was reported missing. There have been many leads throughout the years since her disappearance, but to this day, Claudia has not been found.
What the law says:
When a person has been missing for seven years or more, it is possible for a family member to apply for a ‘Declaration of Presumed Death.’ These applications are made to the High Court under the Presumption of Death Act 2013, and it costs £528 to do so. In most cases, immediate family can apply for this, such as a spouse or civil partner, a parent, a child, or a sibling. Alternatively, if the missing person does not have any close family members, a ‘person of sufficient interest’ such as a distant relative is able to apply instead. If the declaration is granted, it can be used like a normal death certificate, to deal with a missing person’s estate. It also ends a marriage or civil partnership.
When making the application for the declaration, the strength of evidence is important, not the period of time. If there is insufficient evidence that the person has died, it will have to be shown that the person has not been known to be alive for at least seven years. Examples of evidence that can be used are:
bank statements (so the courts can investigate whether there have been any transactions after this time),
written statements from witnesses including employers or colleagues of the missing person,
evidence of the search for the person, such as statements from the police or other search agencies.
The court will review this evidence and decide whether to grant the declaration. There is no requirement on a family to apply for a Declaration of Presumption of Death, even if they do believe their family member has died. Furthermore, only the family are able to apply for the declaration – the police cannot do this on their behalf.
Claudia’s Law:
Prior to the introduction of Claudia’s Law, there were no provisions in England and Wales to protect the property and affairs of a missing person without making a Declaration of Presumed Death, which adds more emotional stress to families in an already very difficult time. Seven years is a long time to wait to take care of a person’s affairs, and Claudia’s law intended to bridge the gap between this time.
Officially named the Guardianship (Missing Person’s) Act 2017, ‘Claudia’s Law’ was introduced by Kevin Hollinrake MP and backed by Claudia’s father, Peter Lawrence OBE. Peter campaigned tirelessly for this following her disappearance, and it was brought into force on the 31st of July 2019.
The provision allows for families of a missing person to deal with their financial affairs before the seven years have passed to apply for a Declaration of Presumed Death. It allows a guardian to be appointed 90 days after a person has gone missing and gives the guardian the power to:
Contact the missing person’s bank to stop direct debits
Pay outstanding bills
Manage the persons' outgoings for the family they had been supporting
Sell the property of the missing person
Make gifts from their assets
Enter into deeds on behalf of the missing person
The appointed guardian is able to do this for a further four years and possibly longer if the Office of the Public Guardian agrees.
It will be granted if:
(a) Their whereabouts are unknown or sufficiently unknown as not to be able to contact them;
(b) They are unable to make decisions about their financial affairs for reasons other than issues or illness of mental capacity.
Applications under this provision must be made to the Chancery Division or the Family Division of the High Court and applicants will have to provide evidence that the person is missing, along with supporting information that they have not been seen for 90 days, and a witness statement explaining why a guardianship order is in the person’s best interests.
Is ‘Claudia’s Law’ useful?
Commenters have stated that Claudia’s Law is fit for purpose as the family are at the centre of the application under the legislation, as s.8 of the Act states that a ‘guardian must act in what way they reasonably believe to be the missing person’s best interests.’ Another useful element is that the guardian does not have to make decisions in a way that the missing person would have decided themselves or have to make considerations for when the missing person may return.
When the application is made, the Court will carefully consider whether the guardian is suitable for the position in relation to the person’s best interests, by having regard to the relationship between them and if known, the missing person’s opinion of the applicant. They will also consider whether the applicant has the necessary skills and knowledge to carry out their functions and will identify any possible conflicts of interest. It is clear how carefully the courts consider the guardian, reducing the likelihood that the powers will be misused.
To this day, more than 12 years after Claudia Lawrence was reported missing, her body has still not been found. Sadly, Peter Lawrence OBE passed away in early 2021, but the law he campaigned so tirelessly for will continue on to give comfort to families like theirs when dealing with a missing family member.
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