Gone Without A Trace: The Whys And Wherefores

Over 170,000 people are reported missing each year, the equivalent of one person every 3 minutes. There are many reasons why people go missing, from running away to accidents, serious crime, or misadventure. Not all individuals intend to permanently leave home; some may have vulnerabilities which put them at higher risk. Thankfully, nearly 90% of people in England & Wales return or are located within a short period of time. But what of the other 10%?

Even with the advances in technology which we have today, such as GPS tracking, mobile data analysis, DNA testing, drones, and AI powered facial recognition, there are circumstances when it is not possible to accurately locate someone who is missing. For example, in 2007, Madeleine McCann’s disappearance gripped the nation and was heavily publicised. However, despite the media attention and the best efforts of the authorities, the three-year-old was never found and people still speculate on what happened today.

Missing Persons and Runaways

Missing people are often an interesting topic touched on in film and television, with both fiction and true stories being wildly popular. For example, in the well-known fiction book adaptation “Gone Girl”, a man becomes the prime suspect in the sudden disappearance of his wife. Additionally, the ITV drama “The Thief, His Wife and the Canoe”, tells the true story of a prison officer who successfully fakes his own death, with the help of his wife, to claim life insurance for five years, before returning to the UK claiming amnesia, and their scheme subsequently unravelling.

A person can go missing for many reasons, sometimes unintentionally. For example, vulnerable adults (such as those with dementia or learning disabilities) may become lost or confused, a mental health crisis or medical emergency may prevent a person from returning home, or, in rare cases, a person may go missing due to criminal activity.

When an individual leaves their home intentionally, they are considered a runaway. Statistically, runaways tend to be young people under the age of 18 and usually their motivation for leaving home stems from either family conflict, abuse, bullying, mental health, or placement instability in care. However, adults can sometimes leave home too, with common causes for adult runaways including mental health, financial stress, relationship breakdown, or bereavement. The latter was the case with Ju Blencowe from Stafford, who disappeared on the anniversary of her mother’s death with no prior planning. She was missing for a week before contacting her wife, after wandering the streets of London and sleeping rough. Thankfully, almost all missing adults return home within two days.

Missing in Action (MIA)

Most people are familiar with the term Missing in Action (MIA) from watching war-related theatre productions or films. However, the entertainment industry rarely touches on the real-life legal implications of being MIA. Due to the current state of the world, it is important to consider the implications for a missing person’s loved ones, as well as their estate.

During times of conflict, there are many situations which can leave soldiers or civilians MIA. Sometimes, bodies cannot be recovered due to difficult terrain, or hostile forces preventing access. Additionally, hostile forces may prevent formal reporting in certain locations, which can leave the whereabouts of individuals unknown. There is also the potential for a vehicle or aircraft to be destroyed, lost, or go down in hostile territory, leaving both the location of the individuals and their survival in doubt. Another horrific possibility is that a person’s body may be recovered but be too damaged to identify as a result of the conflict; there were more than 600 unidentified bodies in the UK in 2021.

What Can Be Done When Someone Is Missing?

When an individual goes missing, whatever the circumstance, if there is no evidence as to their whereabouts, it is difficult to know what can be done legally. Families are left in a state of limbo, making it incredibly difficult for them to move on without knowing when, or if the case will be resolved. Up until 2017, families had to wait for a missing loved one to have been missing for over seven years before they could apply for a Presumption of Death Order, which allowed a death certificate to be issued, and the estate of that person settled. Nevertheless, seven years was a long time for families to face such uncertainty and be unable to manage the affairs of the individual. To fill this legal void, Claudia’s Law was introduced in 2017.

Claudia’s Law

Under Claudia’s Law, once a person has been missing for 90 days or more, and certain other conditions are met, a guardian can be appointed to manage the financial affairs of the missing person and make decisions in their best interest.