Justice CommitteeWritten evidence submitted by Stephanie Hynard
1. Current Situation
My husband left home on 1 March 2011, leaving behind a suicide note and information for the person finding his body. This was the third attempt to end his life. His car was found, but to date his body has not been located.
2. Does the Current System Work Effectively?
I have been involved with two Police authorities. One has been very supportive and able to talk about a potential death following a possible suicide. The other was unwilling to do this and unable to provide me with any information about the correct procedure to follow in dealing with legal issues or whom to turn to for advice. I believe a document explaining the procedure would have been useful.
After a month I carried out my own research on the internet and found several articles that indicated that the procedure for “presumption of death” was complicated and would involve the District Probate Registry or the Secretary of State. I was unable to find information on how to deal with the legal issues about payment of debts that were in my husband’s name. I have replied to financial letters that were addressed to him explaining the situation, but usually do not receive a response or an acknowledgement.
I approached one of the Police forces I was working with for guidance, but they were of the opinion that I could do nothing until seven years had passed, and were negative about an application to the Coroner’s Court. My impression was that the police were concerned that I might be involved with an “insurance scam”. Initially I requested meetings with the police, but as the intensity of the search for him has decreased, I have been unable to find out how the investigation is being managed or what is planned for future investigation. As I am now suffering from depression, I find I do not have the energy to pursue this.
I felt that I needed legal advice and asked my solicitor to investigate how I could manage my husband’s affairs that had a direct impact on my life and well-being. She made it clear that it would be a long, complicated and potentially expensive procedure, with no guarantee of a positive outcome. She made a telephone call to the Coroner’s Court and was provided with a list of evidence that would be needed. However, it wasn’t clear to me on what basis I was making an application ie
(a)
(b)
The Probate Manager of HM Courts responded saying this information was useful, but until the Police report was released the case could not proceed. My solicitor has written to one of the Police forces on two occasions and made several phone calls, but they were not cooperative in providing any documentation dealing with their enquiry or the level of search that had been undertaken. They indicated that they would only produce evidence if they were directly required to do so by the Coroners’ Court.
3. Does the Current System Create Difficulties for Families?
As technically I am not bereaved, I have been unable to access the services of SOBS and CRUSE. I have paid for my own counselling in order to deal with the situation. I feel lonely and isolated and as I am not a “widow” no-one knows how to deal with difficult issues. There seems to be a complete lack of guidance on what to do.
Banks and Insurance companies have quoted the Data Protection Act as their basis for not assisting me. It was only when my husband’s account went into debt that the bank decided to freeze his account. Pet Insurances were cancelled when I tried to change the insurance to my name.
If I told an organisation about my husband’s missing status, they were unable to offer advice. Problems have included payment of mortgage, car insurance, legal ownership the car, applying for tax, what to put on the electoral register, how to inform the tax office, stopping payment on direct debits.
4. Legislative or Procedural Changes
The officer allocated to my case is of the opinion that until my husband’s body is found, the police service will not provide information for the Probate Service. I was informed that this might mean that I will have to wait for the full seven years. Having officially retired I have now had to returned to part time work to meet our financial commitments.
A change in the legislation would assist in these rare, but distressing cases where mental health has been an issue for many years and suicide was the intention of the person who is now missing.
September 2011