Family of missing woman face further court delays

Nellie Herriot at The Donkey Sanctuary Image source, FAMILY HANDOUT
Image caption,

Nellie Herriot, who vanished from Brighton in 2012, would be 108 now

  • Published

The family of a 96-year-old who went missing in Brighton more than a decade ago has faced a lengthy delay to a court declaring her death after it lost documents relating to the case.

George Holland said the death of his mother - who was Nellie Herriot's closest living relative - last month had "reinforced the frustration" he felt because of the delay.

The BBC revealed in April that no declaration had been made by a judge at the Family Division of the High Court, despite an application for Ms Herriot's presumed death being lodged more than four years ago.

A spokesperson for His Majesty's Courts and Tribunals Service (HMCTS) said it "wholeheartedly" apologised for the delay and was doing "all we can to ensure the case now progresses as quickly as possible".

Nellie Herriot, who was believed to be suffering from dementia, was last seen getting off a bus in the Whitehawk area of the city on 23 April 2012 and a police investigation was inconclusive.

She would now be 108 years old.

Applications for a declaration of presumed death are sought when someone has been missing for at least seven years and there is no evidence to suggest they are still alive.

A hearing for the application submitted by Ms Herriot's great-nephew Mr Holland, 46, was held in March 2020 and adjourned indefinitely.

HMCTS confirmed the court had misplaced documents relating to the case, and had asked Mr Holland to resend them to its administration team this week.

A spokesperson added: “Our thoughts continue to be with the family of Nellie Herriot."

Image source, TRACEY MILLER/BBC
Image caption,

Lesley Hogg (left), who has since passed away, said Ms Herriot's disappearance had brought the family "great sorrow"

Mr Holland's mother, Lesley Hogg, who was 85, was Ms Heriot's niece. In April, she said the "lack of care" shown to her aunt's case had left her "speechless".

Following her death, Mr Holland said: "My mum was one of the people named on the application for my great aunt's presumption of death and she's not lived to see that granted."

He added that the family was "entitled to have closure", and that he hoped the case would now be "resolved as quickly as possible".

Follow BBC Sussex on Facebook, external, on X, external, and on Instagram, external. Send your story ideas to southeasttoday@bbc.co.uk, external or WhatsApp us on 08081 002250.