Missing People has welcomed the Justice Select Committee’s inquiry report on presumption of death and urged the Government to take up its threefold recommendations: to introduce a Presumption of Death Act for England and Wales; to introduce 'guardianship’ orders, and; to make guidance available for families of missing people. These mirror the aims of our Missing Rights campaign. Click on this link to donwload the full report (pdf 326 kb).

Read on to find out why this development is so important for families of missing people and how you can help urge the Government accept the Committee’s recommendations.

Why is this report so important?
As it stands, families of missing people face a complicated legal position when it comes to managing a missing loved one’s affairs in the short term or administering them in the long term. This includes a cumbersome presumption of death system for families in England and Wales, which can mean they have to go to court multiple times to deal with a missing relatives affairs, and no formal way in which they can safeguard assets in the more immediate aftermath of a disappearance. This means it can be incredibly hard for bank accounts to be maintained or closed, names on contracts to be altered and various other important legal changes to be made. This can result in financial hardship on top of the pain of their loved one being missing, and in the worse cases, homes being lost. The Committee’s recommendations would make this challenging situation much easier:

1. Introduction of a Presumption of Death Act for England and Wales: This new law would set out a single process allowing a Certificate of Presumed Death to be issued to the family of a missing person, enabling them to resolve all their relative’s affairs through just one court procedure. Currently families can have to go to court multiple times – to deal with finances, legal ownership issues, insurance policies, marriage dissolution, etc – which can be costly, confusing and complex. This law would make it much more straightforward for families to deal with these matters, and already exists in Scotland and Northern Ireland. Click on this link to download our policy briefing on this issue.

2. Introduction of 'Guardianship’ orders: A ‘Guardianship’ order would allow families to maintain a missing relative’s estate more immediately, in enabling them to apply to safeguard their assets in if they have not returned after three months. Click on this link to donwnload our policy briefing on guardianship.

3. Guidance available to help families with practical issues
Guidance, produced by Government and industry, would help explain processes available to families and what help they could access.

What happens next?

Justice Minister Jonathan Djanogly MP, the Government Minister responsible for this area of law, has committed to reviewing this report and announcing his response to the recommendations by April this year. Missing People will be working hard over the coming months to encourage him to adopt the recommendations – find out below how you can support us in this campaign.

What does Missing People say? 

Martin Houghton-Brown, Missing People Chief Executive and inquiry witness, said:

"I am delighted that the Justice Select Committee recognises that in the important matter of a Presumption of Death Act of Parliament, that 'the longer legislation is delayed the longer families will suffer'. It is now time for the Ministry of Justice to step forward and end this suffering once and for all, with a commitment to a bill in the coming Queens Speech."

What does Ann Coffey MP say?

Ann Coffey MP, Chair of the APPG for Runaway and Missing Children and Adults, whose own inquiry also looked at this area of law commented:

“The families who gave evidence to our recent All Party Parliamentary inquiry described in harrowing terms the practical  difficulties which they had had to face in trying to sort out the affairs of a missing family member. No family should have to go through such an emotionally exhausting and confusing legal process in addition to having to cope with the loss of a loved one. I urge the government to act quickly on these recommendations.”

How can I support this?

Now we need to make sure the government acts on these recommendations. If you'd like to help us do this, leave us your details and we'll get in touch with details of how you can!