Missing Persons Guardianship

Debate between Bambos Charalambous and Gregory Campbell

Tuesday 12th February 2019 Westminster Hall

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I beg to move,

That this House has considered missing persons guardianship.

It is a pleasure to serve under your chairmanship, Mr Hollobone.

Imagine that someone you love went missing out of the blue. Try to imagine the anxiety, the shock and the sadness, and then imagine not being able to sort out any of their affairs in their absence. That frustration, confusion and hurt is exactly what my constituent experienced.

My constituent came to my surgery in May last year to tell me about her missing brother. She told me that he was an experienced traveller who was used to travelling alone. He had gone to visit the Galapagos islands, and it was from there that he vanished. He was last sighted on 11 March 2017 and never returned to his hotel room. He was a keen photographer, and his last photograph was taken on the island of San Cristóbal. Despite extensive searches on the islands, he was never found. My constituent was very close to her brother, who would contact her regularly when he was abroad, so when she had no contact with him for more than 10 days, she suspected that he was dead. No body was ever recovered.

After the shock and grief of her brother’s disappearance, my constituent set about trying to manage his affairs, but she came across a number of problems. She discovered that banks and other financial institutions would not directly engage with her, as she could not prove that her brother was dead. During that time, mortgage payments and utility bills went unpaid, and direct debits continued to be withdrawn from her brother’s bank account. She found the situation incredibly frustrating, and it caused her even more anguish after she had just come to terms with the fact that her brother was missing and, in all likelihood, dead.

Shocked by my constituent’s experience, I told her that Parliament must legislate to stop it happening again. Imagine how disturbed I was when she told me that Parliament had already done so. I promised to look into the matter further, and I was staggered to discover that the Guardianship (Missing Persons) Act 2017, which dealt with my constituent’s exact circumstances, had received Royal Assent on 27 April 2017 but had not yet been implemented.

With time against her and options running out, my constituent was forced to go down the presumption of death route to get an order allowing her to deal with her brother’s affairs. However, although she applied for a presumption of death order, she was not certain to get one, due to the provisions of the Presumption of Death Act 2013. That Act makes it clear that if the missing person has not been missing for seven years, the court has to be convinced that they are dead. If it is not, it can refuse to make an order. That is the route the family of Lord Lucan had to go down 42 years after his disappearance, with no body ever having been recovered. They were easily able to satisfy the Act’s seven-year threshold, whereas my constituent could not. Although she was ultimately successful, she should not have had to go down that route for her brother, who had been missing for just over a year, when there was a more straightforward alternative.

The charity Missing People estimates that more than 1,000 people go missing for more than 12 months in the UK each year. The families of those who go missing suffer the distress and anguish of not knowing what has happened to their loved one, which is compounded by the powerlessness of not being able to manage their affairs. Family members have to make futile telephone calls to banks, building societies and utility companies, which will not co-operate with them due to fears of data protection breaches and fraud.

All the while, arrears accrue. If things escalate, the family may have to deal with bailiffs and lawyers to stop their loved one’s home being repossessed. They will also be unable to stop direct debits from draining that person’s account. If it is a joint account, that makes matters even worse, since financial institutions often insist on getting both parties’ express consent to change anything. Financial institutions are among the strongest supporters of the 2017 Act, as it is their staff who are forced to say no to the families of loved ones. An order declaring that someone has a right to deal with their loved one’s affairs makes it far easier for all concerned and removes the additional stress and worry from the equation.

At an event organised by Missing People, I had the privilege of meeting Mr Peter Lawrence, the father of missing person Claudia Lawrence. He told me about the challenges he faced in dealing with financial institutions in the aftermath of his daughter’s disappearance. I am pleased to say that Peter is here with us today. Peter is a remarkable man, and I have nothing but admiration for his ongoing efforts to reform the law. It was partly due to his campaigning and raising of public awareness that the Government eventually decided to legislate for the guardianship of missing persons.

In preparation for the debate, I read transcripts of previous debates about guardianship for missing persons. I note with some disappointment that the very same points I have made so far today were made by the hon. Members for York Outer (Julian Sturdy) and for Thirsk and Malton (Kevin Hollinrake) and my hon. Friend the Member for Islwyn (Chris Evans) in March 2016. In that debate, there was criticism of the Government’s failure to progress legislation they had consulted on in 2015. The Minister closed his remarks by saying:

“It is vital to get the reform right, given that it creates a legal power over another’s assets. We are committed to proceeding as swiftly as we can, never forgetting for a moment the scope that it offers to ease…the pain and suffering endured by the families who have lost loved ones.”—[Official Report, 23 March 2016; Vol. 607, c. 596WH.]

I am sure that that debate had a bearing on what happened next, as a year later the Guardianship (Missing Persons) Bill had been drafted and was making progress. On 6 April 2017, when that Bill had its Second Reading in the other place, the Minister said that it

“is unlikely to come into force earlier than one year after Royal Assent, but the Government will endeavour to keep any delay to an absolute minimum.”—[Official Report, House of Lords, 6 April 2017; Vol. 762, c. 1188.]

The Bill passed all its stages and received Royal Assent on 27 April 2017.

The 2017 Act is a good piece of legislation. It defines what guardianship orders are and who can apply for them and in what circumstances. It covers the scope of the orders and their duration, and provides for their revocation. It was supported in Committee by all political parties. It was one of those rare pieces of legislation that transcended party politics and had genuine cross-party support. At a time of division in the country, it was something that everyone could sign up to. Unfortunately, since then, there have been a number of false dawns and dashed hopes with respect to when the Act will finally be fully implemented and when people will be able to use it. Some 21 months have passed since the Act received Royal Assent, and it has not been possible to apply for a single guardianship order.

I accept that there may be complications with getting the judiciary to familiarise themselves fully with the provisions of the Act, and no doubt some technical measures need to be properly scrutinised and overcome. I also appreciate that Brexit continues to take up significant time in Departments and that the Ministry of Justice, which has had significant cuts to its budget over a number of years, is probably very stretched. I cast no blame on the Minister, whom I have always found to be true to his word and helpful in my dealings with him. But the fact remains that the current state of affairs just is not good enough.

Since the 2017 Act received Royal Assent, the Ministry of Justice has introduced two more Bills to Parliament, both of which have passed all their stages and are now Acts—the Civil Liability Act 2018 and the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 both received Royal Assent on 20 December. I do not suggest for one minute that those are not important pieces of legislation, but I am concerned that they managed to leapfrog the 2017 Act and will in all likelihood be implemented before it. How is that possible? I suggest that the 2017 Act has not received the priority it deserves. Time and again, it has been put to the bottom of the pile while other things have taken precedence.

In my first and only question to the Prime Minister, on 28 November 2018, I asked about that delay. I am relieved that, since then, things have started moving. On 19 December 2018 the Ministry of Justice launched its consultation on the implementation of the Guardianship (Missing Persons) Act 2017, which among other things covers the code of practice, rules of court, practice directions, the registration and supervision of guardians, and fees—I note that, by some strange coincidence, that consultation ends today.

I have received assurances from the Ministry of Justice that the 2017 Act will be implemented fully by July 2019, but that is still five months away, and although I very much welcome that commitment, I am concerned to avoid further delays. I therefore ask the Minister to give a commitment that the Act will be implemented by July this year, and that if there is any delay, he will explain the reasons for it and allow hon. Members to question him.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Gentleman on securing this timely debate on an emotive subject, which he is dealing with properly and appropriately. Does he agree that, in advance of the legislative change in July, there will be an expectation—hopefully as a result of this debate and other pressures—that financial institutions will consider these matters practically and sensibly when dealing with families?

[Bambos Charalambous]

I entirely agree, and one of the biggest areas of distress for people is dealing with financial institutions. If measures can be introduced to enable things to run more smoothly, I would strongly support that, as, I hope, would the Minister.

Safeguarding Children and Young People in Sport

Debate between Bambos Charalambous and Gregory Campbell

Tuesday 1st May 2018 Westminster Hall

[Bambos Charalambous (Enfield, Southgate) (Lab)]

I beg to move,

That this House has considered the safeguarding of children and young people in sport.

It is a pleasure to serve under your chairmanship, Sir Roger. A few months after my election I was contacted by one of my constituents, Mr Ian Ackley, who is present here today, who told me that he was one of the people who had been sexually abused as a child by the serial sex offender and predatory paedophile Barry Bennell, who was convicted of 43 counts of historic child sex abuse in February this year. I shall briefly tell Ian’s story, to illustrate the failings of the past, and then explain what I think still needs to be done to safeguard children and young people in sport.

Ian told me how, as a talented young footballer aged nine, he had been spotted by Bennell. Bennell used his charm and suggested connections to top-tier football clubs to persuade parents to allow their sons to sign for his club White Knowl, which he ran in north Derbyshire. Ian told me that early on, as the team was doing well, and having won the trust of his parents, Bennell suggested that Ian stay overnight at his place so that he could talk tactics with him and Ian would be fresher for the game the next day. The parents, being very trusting and totally taken in by Bennell, consented to the stay-over; the sexual abuse began immediately. Ian was not the only child to stay over. On some occasions there would be a number of boys there, some sleeping in the same bed as Bennell. Staying overnight at Bennell’s place soon became the norm. It is hard to imagine that happening today, but those were different times.

Ian, in talking to me, made it clear that many parents of boys from other Manchester youth teams that his team played against were aware of Bennell’s abuse. On some occasions they confronted Bennell at matches, but it would seem they had either chosen not to report the abuse to the police or to take the matter further, or else that they had not been listened to. Ian told me that the sexual abuse stopped when he was 14 years old, when Bennell wound down his youth football club. Ian’s football career came to an end a few years later. In 1996 he went on to become the first person to publicly blow the whistle on Bennell’s abuse in the “Dispatches” television programme, which led to Bennell being convicted of a number of sexual offences against him.

The trauma and anguish of being sexually abused remained with Ian and are still with him. Since the recent revelations about Bennell came out two years ago, Ian’s personal and work life have suffered. Ian has used his experience with other abuse victims Paul Stewart, David White and Derek Bell to set up an organisation called SAVE, which seeks to engage with victims and others, to inform and provide advice about safeguarding in sport, and to raise awareness about potential loopholes and oversights in procedures and day-to-day activity.

I, like many others, assumed that the sexual abuse by Bennell that Ian and others suffered could not happen today because we live in different times from the 1980s, and sport has changed beyond all recognition since that time; but on closer inspection I think that there are areas that need improving. Before preparing for this debate I met with the National Society for the Prevention of Cruelty to Children, the head of safeguarding at the Football Association and a representative of the Lawn Tennis Association, and I spoke to a number of people involved in safeguarding. The FA has an exemplary safeguarding policy endorsed by the NSPCC child protection in sport unit, which it should be proud of. It even has a grassroots football safeguarding policy, which covers everything—recruitment of volunteers and staff, creating a safe environment, criminal record checks, travel and trips, vulnerable people and even cyber-bullying. Ideally, all clubs should fully implement and abide by those policies, but I have a concern about how very small Sunday morning football clubs, which are run predominantly by volunteers, will be able to ensure that all those steps are taken without finding them extremely burdensome.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Gentleman on what is undoubtedly a timely debate. Of course young people and children should be safeguarded, but does he agree, having alluded to volunteers, that we must respect the integrity of the many thousands of them who are above reproach, and ensure that the tiny minority who have been abusive are completely and utterly isolated and alienated from dealing with young children in sport?

[Bambos Charalambous]

The hon. Gentleman makes an excellent point. Trying to close the loopholes, to stop abuse happening, is paramount; but we must also take into account the fact that many smaller clubs are run entirely by volunteers, and we must thank the genuine volunteers who are there for the benefit of the young people in the sport.

More structural support is needed at the regional or county level to ensure that small clubs get help with implementing safeguarding policies. There should be someone at the regional or county level who ensures that the policies are adhered to and that proper monitoring takes place. It is often at the smaller clubs that abuse will first happen, as in Ian Ackley’s case. We also need to ensure that children and young people feel able to speak out and feel that they will be listened to when they call out abuse. That is why we need to make sure that they can do so in a safe environment, and that they are encouraged to speak out. Children and young people could be given confidence during player induction at sport settings about speaking up if they come across abuse, and there are other means whereby clubs can encourage young people to speak out whenever they come across abuse or anything happens to them.

When I met the Lawn Tennis Association I was staggered to discover that not all tennis clubs are affiliated to it. It has approximately 2,700 members, but more than 1,000 clubs are not registered with it. Some people might say, “So what? What difference does it make?” This year, for the first time, the LTA has made it a requirement that all affiliated clubs use only LTA-accredited coaches, who must meet a minimum safeguarding standard. Unregistered clubs, on the other hand, are free to appoint whomever they choose as a tennis coach. According to the LTA, there are more than 800 “accredited tennis coaches”. There are other coaching courses apart from the LTA’s, but it is worth noting that some accreditation can be obtained online for as little as £80. That means that a child or young person could be having lessons at an unregistered tennis club with a coach who obtained their accreditation online by answering tick-box questions.

What I am saying is in no way intended to call into question good unaffiliated tennis clubs and coaches, but, as we have seen time and again, people who abuse children and young people find a way to get close to them, just as rain gets through cracks in the pavement. The question arises whether coaching courses should be licensed and have Government-approved kitemarks to give people an idea of the quality of the safe- guarding training undergone by the coach. Perhaps that could be a role for the child protection in sport unit, which already gives ratings to governing bodies. It is often hard for parents to navigate all the different accreditations and codes, and anything that makes things simpler, and easier to understand, should be encouraged.

More needs to be done about summer sports courses. As things stand, there would be nothing to stop me or anyone else hiring a field and setting up my own summer football skills course for kids. With some clever marketing, I could be up and running with some cones, bibs and footballs. I think more checks need to be carried out in those casual arrangements, too. It is the sort of thing that local authority trading standards teams could check, provided they had the funding to do so.