Missing woman's family wait years for court ruling
- Published
The family of a 96-year-old who went missing in Brighton 12 years ago has been waiting several years for a court to declare her death.
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.
Ms Herriot's great-nephew, George Holland, said he had "no hope of her being found alive" and wanted to give his aunt the "dignity of a formal closure on her life".
The Judicial Office was contacted for comment on her family's claim for the declaration of her presumed death, which was made four years ago.
Such claims are sought when someone has been missing for at least seven years and there is no evidence to suggest they are still alive.
Mr Holland, 45, said Ms Herriot, who would now be 108, was a "very vivacious, very feisty" woman who was "like a grandmother figure to me and my sisters".
Sussex Police scaled search efforts down in June 2012.
Mr Holland submitted the claim to the High Court's family division in 2020.
"As it is, we're in limbo and she's in limbo," Mr Holland told BBC South East.
Documents show Ms Herriot, who was not a homeowner, left a small amount of money in her will.
A hearing was held in March 2020, but adjourned indefinitely to allow time for members of the public to respond to a local newspaper advert inviting expressions of interest in the case.
Mr Holland said the court had not informed him that any members of the public had come forward in response.
He was also required to write a statement explaining the case, which was submitted in October 2020.
Mr Holland said his family were still waiting for an update.
BBC South East approached the Judicial Office for comment, which said the High Court's Family Division had no record of the hearing. The High Court did not respond to a direct request for comment.
But emails seen by the BBC show a clerk acknowledging the case as late as July 2023, when the matter was still being considered by the judge.
Mr Holland described the situation as "staggering".
"It's doubly upsetting - of course losing a relation in this way - but not even being able to have formal closure," he said.
His mother, Lesley Hogg, 85, who was Ms Herriot's niece, said the "lack of care" shown to their case had left her "speechless".
"She enriched our lives and [helped us] make sense of a lot of the things that go on in the world," she added. "She was always there for us".
Ms Herriot was said to be frail and only 4t 9in (1.4m) tall, and was receiving support in her home at the time of her disappearance.
The last sighting of her was CCTV footage of her alighting from a Brighton and Hove bus.
Police said it was not known whether she had any money with her, but her bus pass had been found in her flat.
As part of a high-profile investigation, officers probed over 70 reported sightings and used specialist search teams in an attempt to locate her.
Mr Holland said a court order would allow his family to finally hold a memorial for his great-aunt, who had lived in Brighton all her life.
In a statement, Sussex Police said its "thoughts continue to be with the family and friends of Nellie Herriot".
"Sadly, despite an intensive investigation, it remains unknown what happened to her," it added.
"The case is kept under review and any new lines of enquiry will be investigated."
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