‘Claudia’s Law’ – Guardianship (Missing Persons) Act 2017: Legal Update

What is ‘Claudia’s Law’?

Named after Claudia Lawrence who went missing in 2009, the new regulations came into effect on the 31st of August 2019, following an extensive campaign for change that was backed by Claudia’s father, Peter Lawrence OBE, the charity Missing People and other families affected.

Previously, there were no provisions in place to effectively ensure that a missing person’s property and affairs were protected. Whilst already dealing with the anguish of not knowing where their loved one was, families had the added emotional and sometimes financial distress that they could not deal with the missing persons affairs unless they declared them dead.

A declaration that could not be made unless it was thought that their loved one had died or after a period of at least seven years if it was not known whether they were alive. During that time, families were prevented from paying debts or making payments to avoid repossessions or insolvency.

The new regulations bring some comfort for families of missing loved ones. After their loved ones have been missing for 90 days or more, families and individuals with a ‘sufficient interest’ in the missing persons finances or property can make an application to the High Court for a Guardianship Order.

When the Order has been received following a successful application, families can act to ensure that their loved one’s affairs are dealt with in their absence. This may involve paying everyday bills, cancelling unnecessary payments or making mortgage payments.

The guardian will be appointed for a period of time specified in the Order, up to a maximum of four years from the date the Order is made. Should the Order be needed for a longer period of time, a further application can be submitted to the High Court.

Prior to the new regulations coming into force, Peter Lawrence OBE had said:

“I am delighted that Claudia’s Law is coming into force.

“This will make such a difference to the lives of the hundreds of families who have been waiting so long for it, enabling them to deal with their missing loved one’s financial and property affairs in the same way as everyone else is able to on a daily basis.

“One less burden at a time when families are at their emotional lowest ebb will help enormously.”

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