This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/uk/2012/jul/06/law-missing-people-simplified
The article has changed 6 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Law on declaring missing people dead to be simplified | Law on declaring missing people dead to be simplified |
| (9 months later) | |
| After Richey Edwards of the Manic Street Preachers disappeared near the Severn bridge in 1995 it took nearly 14 years for his family to sort out his finances. For relatives of those who go missing in future, the wait could now be a little shorter. | After Richey Edwards of the Manic Street Preachers disappeared near the Severn bridge in 1995 it took nearly 14 years for his family to sort out his finances. For relatives of those who go missing in future, the wait could now be a little shorter. |
| The Ministry of Justice (MoJ) announces on Friday that is it backing legislation making presumption of death certificates available far earlier in England and Wales. | The Ministry of Justice (MoJ) announces on Friday that is it backing legislation making presumption of death certificates available far earlier in England and Wales. |
| The political decision to ease the plight of grieving families follows a campaign to simplify the maze of complex legal procedures caused by inaccessible bank accounts, contested mortgages and uncertain marital status. | The political decision to ease the plight of grieving families follows a campaign to simplify the maze of complex legal procedures caused by inaccessible bank accounts, contested mortgages and uncertain marital status. |
| In its official response to a report on the problem by the Commons' justice select committee, the MoJ agrees that a presumption of death certificate would "help families deal with the array of legal and financial issues that need to be resolved when a person is missing and presumed dead". | In its official response to a report on the problem by the Commons' justice select committee, the MoJ agrees that a presumption of death certificate would "help families deal with the array of legal and financial issues that need to be resolved when a person is missing and presumed dead". |
| An estimated 40 presumption of death certificates a year might be issued in England and Wales once the process is well established. Scotland, which already has similar legislation, has issued about this number over the past decade; only one person subsequently reappeared. | An estimated 40 presumption of death certificates a year might be issued in England and Wales once the process is well established. Scotland, which already has similar legislation, has issued about this number over the past decade; only one person subsequently reappeared. |
| Someone must be missing for seven years in England and Wales now before courts formally presume that they have died. A presumption of death certificate aims to shorten the process significantly. | Someone must be missing for seven years in England and Wales now before courts formally presume that they have died. A presumption of death certificate aims to shorten the process significantly. |
| Jonathan Djanogly, justice minister, said: "We recognise the emotional rollercoaster faced by families who are left behind. Having a family member disappear, with no trace, will always be a confusing and difficult time for any family to have to go through. | Jonathan Djanogly, justice minister, said: "We recognise the emotional rollercoaster faced by families who are left behind. Having a family member disappear, with no trace, will always be a confusing and difficult time for any family to have to go through. |
| "The changes we are announcing will ensure that there is a law in place that provides a simple legal framework by which families of missing people can receive the appropriate guidance and tackle the problems they face in a straightforward way." | "The changes we are announcing will ensure that there is a law in place that provides a simple legal framework by which families of missing people can receive the appropriate guidance and tackle the problems they face in a straightforward way." |
| Martin Houghton-Brown, chief executive of the charity Missing People, welcomed the government's support for legal reform. "We are delighted with the support that the Ministry of Justice is showing for legislation on presumption of death, and look forward to them identifying parliamentary time to make this legislation happen. | Martin Houghton-Brown, chief executive of the charity Missing People, welcomed the government's support for legal reform. "We are delighted with the support that the Ministry of Justice is showing for legislation on presumption of death, and look forward to them identifying parliamentary time to make this legislation happen. |
| "This announcement shows significant intention to work towards a better future for families of missing people, representing a huge step towards easing their heartache with clear legislative guidance." | "This announcement shows significant intention to work towards a better future for families of missing people, representing a huge step towards easing their heartache with clear legislative guidance." |
| The Conservative MP for Salisbury, John Glen, will launch his presumption of death bill in the autumn. | The Conservative MP for Salisbury, John Glen, will launch his presumption of death bill in the autumn. |
| His measure adopts proposals from the select committee's report. "It will give people the freedom to obtain a certificate of presumption of death a lot earlier," he said. His website suggested the qualifying period could be shortened to four years. | His measure adopts proposals from the select committee's report. "It will give people the freedom to obtain a certificate of presumption of death a lot earlier," he said. His website suggested the qualifying period could be shortened to four years. |
| Edwards, the Manic Street Preachers' guitarist and lyricist, went missing in 1995, aged 27. His car was found abandoned near the Severn bridge. It was not until 2008, however, that a court granted an order declaring him to be presumed dead. | Edwards, the Manic Street Preachers' guitarist and lyricist, went missing in 1995, aged 27. His car was found abandoned near the Severn bridge. It was not until 2008, however, that a court granted an order declaring him to be presumed dead. |
| His younger sister, Rachel Elias, now 42, has campaigned with Missing People to reform the law and gave evidence to the justice select committee. "We are really pleased that [the government] is being supportive," she told the Guardian. "Not everyone takes so long as us to resolve problems of probate. | His younger sister, Rachel Elias, now 42, has campaigned with Missing People to reform the law and gave evidence to the justice select committee. "We are really pleased that [the government] is being supportive," she told the Guardian. "Not everyone takes so long as us to resolve problems of probate. |
| "We left [Edwards' affairs alone] for a period but even when we began clearing up financial matters, it was still a lot of complications and many years. We only had to deal with probate. Other families who face problems of mortgages, marriage and standing orders have to make multiple court applications," she said. | "We left [Edwards' affairs alone] for a period but even when we began clearing up financial matters, it was still a lot of complications and many years. We only had to deal with probate. Other families who face problems of mortgages, marriage and standing orders have to make multiple court applications," she said. |
| "A certificate of presumption of death will put a line under financial problems left behind but we are still left searching for the missing person. Richey was 27. It won't help in finding out their fate." | "A certificate of presumption of death will put a line under financial problems left behind but we are still left searching for the missing person. Richey was 27. It won't help in finding out their fate." |
| The UK Missing Persons Bureau, which collates data, estimates fewer than 1% of the 200,000 people a year reported missing have not been found within 12 months. In September 2011, the bureau had about 5,500 outstanding missing cases and some 1,000 unidentified people, bodies and remains recorded on its database. | The UK Missing Persons Bureau, which collates data, estimates fewer than 1% of the 200,000 people a year reported missing have not been found within 12 months. In September 2011, the bureau had about 5,500 outstanding missing cases and some 1,000 unidentified people, bodies and remains recorded on its database. |
| The Association of British Insurers has, however, cautioned that reforms could tempt more people to commit fraud. "The combination of an increasingly difficult economic climate, combined with increasingly fluid travel habits, may result in 'going missing' becoming more common if access to insurance funds without a body becomes easier," it warned. | The Association of British Insurers has, however, cautioned that reforms could tempt more people to commit fraud. "The combination of an increasingly difficult economic climate, combined with increasingly fluid travel habits, may result in 'going missing' becoming more common if access to insurance funds without a body becomes easier," it warned. |
| guardian.co.uk today is our daily snapshot of the top news stories, sent to your inbox at 8am |