When is a person considered missing? And time it takes to be presumed dead

Daily Mirror

17-05-2025

It can be hard to know what to do when someone goes missing but here's a simple guide to understanding the different types of missing people and what happens when someone is never found
Every year, around 17,000 people go missing in the UK. But what is a missing person? Who counts as a voluntary missing person, and what does it mean to be an endangered missing person? Knowing when a missing person is considered missing to police and when a missing person can be declared dead can help families understand the process better.
In March, The Mirror teamed up with the charity Missing People to launch the Missed campaign, raising awareness of every publicly-listed missing person in the UK, no matter their story.
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Understanding the police search process and the meaning behind the jargon can improve the chances of finding someone. Here are some answers to these important and difficult questions about missing people.
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What is a missing person?
The police's exact definition of a missing person is as follows: "Anyone whose whereabouts cannot be established will be considered as missing until located and their wellbeing or otherwise confirmed. This means that if you are expected to be at home and aren't there, or haven't arrived at somewhere you're supposed to be, you may be reported missing."
If a missing person has been reported to the police, an appeal to the public to help find them may go out in the form of social media posts and other means of publicity. When Missing People charity - the only UK charity dedicated to supporting missing children, adults and their loved ones - is informed, they will also put out their own appeal which may include posters.
What is a voluntary missing person?
Anyone over the age of 18 who chooses to leave home without telling anyone and is safe and well, is called a voluntary missing person. If they're not in danger, not a victim of crime, and not a risk to themselves or others, the police will leave them alone according to Missing People charity. But if they're covered by a law such as the Mental Health Act, or are at serious risk of harm, the police must step in and take them somewhere safe.
DEMAND ACTION FOR MISSING PEOPLE
Too many missing people are falling through the cracks - harmed while away, and ignored when they return.
We need a proper government strategy led by the Home Office, Education, and Health departments to stop this crisis.
Right now, there's no real support. People go missing again and again - yet no one's asking why.
We're calling for:
A new national strategy for missing children and adults
Proper support for missing people when they return
Investment to stop people going missing in the first place
At 10,000 signatures, the government has to respond. At 100,000, it will be debated in Parliament. That's our goal - real action.
What does "endangered missing person" mean?
When police assess a missing person, they decide if the person is in danger. A missing person might be at risk of harm because they are vulnerable - for example, they can't cope with the weather, may have been abducted by someone, or could face other serious risks over time.
Police may also concentrate efforts on people who are considered to be at risk due to diminished mental capacity, physical disability or illness, or when circumstances are suspicious.
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When is a person considered missing?
A person is considered missing as soon as no one knows where they are and no one can confirm they're safe. They stay classed as missing until they're found or it's confirmed they're okay.
When is a missing person presumed dead?
If someone has been missing for seven years and there's no sign they're alive, the law allows the court to presume they are dead. This is called the "seven year rule." However, in some cases, things can be dealt with before or after seven years. The seven year mark is important in marriage and civil partnerships - after this time, the court can legally end the partnership and declare the person dead, as long as there's no evidence they're still alive.
Even with this declaration, it doesn't give others the right to manage the missing person's money or property. Seven years also matters when applying to deal with their estate (called a grant of probate). Until seven years have passed, the law usually assumes the person is still alive.
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After seven years, a court might allow a missing person's affairs to be handled if people who would know about them haven't heard from them and if plenty of efforts have been made to find them. But if there's proof the person was alive during those seven years, the court won't say they're dead just because of the time.
There are also important exceptions. Families of people who went missing in dangerous situations such as at sea, in a disaster, or a terrorist attack, can ask the court to deal with their affairs much sooner than seven years.
When can a missing person be declared dead?
The family or anyone else concerned with the missing person, must ask the court to officially declare a missing person is dead. This is usually needed to start handling the missing person's money and belongings. The court will only agree if it is satisfied that enough has been done to try to find the missing person, including checking with the police.
But getting permission to handle the estate (called a grant of probate) is not the same as the court officially saying the person is dead, and it doesn't automatically affect other legal matters such as ending a marriage.