Guardianship of Property and Affairs of Missing Persons

Thursday 20th June 2013 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

The Government stated in their response to the 12th report of the Justice Committee in the 2010-12 Session on presumption of death (Cm 8377, published July 2012) that the Ministry of Justice would discuss with the Law Commission whether it could take on a project on the need for legislation to create a status of guardian for the affairs of a missing person within England and Wales.

These discussions have now concluded. The Law Commission was keen to take on the project, and was willing to adjust its planned programme of family law work to enable it to do so. However, because of the negative impact on other important reform projects that this would have involved, the Ministry of Justice has decided not to ask the Commission to disrupt its programme and, instead, will take forward the project within the Department.

I am therefore pleased to announce that the Department intends to publish a consultation paper on this subject later this year with a view to taking a final decision in 2014 on whether a status of guardian should be created. In preparing the consultation paper the Department will be assisted by the charity Missing People, and its legal advisers, the pro bono section of Clifford Chance LLP. The Department is very grateful to Missing People and Clifford Chance for their assistance and to the Law Commission for its engagement with Government on this matter.

The Department will also engage with organisations representing business interests in preparing the consultation paper.