Your browser is out of date or unsupported. As a result, some elements of this website may not be fully functional. For the best possible user experience, it is recommended that you use the latest version of Chrome, Firefox or Microsoft Edge.
TV Edwards Solicitors Logo
Call us on: 020 3440 8000
  • Home
  • About Us
    • Awards and Accreditations
    • Corporate and Social Responsibility
    • Cybercrime and Fraud Warning
    • Make a Secure Payment
    • Our London Offices
    • Pricing
    • What Our Clients Say
  • Services
    • You & Your Family You & Your Family
      • Community Care
      • Court of Protection
      • Criminal Defence
      • Dispute Resolution
      • Family and Children Law
      • Mental Health
      • Personal Injury
      • Wills and Probate
    • You & Your Property You & Your Property
      • Housing
      • Property Disputes
      • Residential Property
    • You & Your Business You & Your Business
      • Alcohol & Entertainment Licensing
      • Business Crime and Fraud
      • Commercial Litigation
      • Commercial Property
    • _
  • Our People
    • Alcohol and Entertainment Licensing
    • Community Care
    • Court of Protection
    • Criminal Defence
    • Dispute Resolution
    • Family and Children
    • Housing
    • Mental Health
    • Partners and Management Team
    • Personal Injury
    • Property
    • Wills and Probate
  • News and Blogs
  • Careers
TV Edwards Solicitors Logo
  • Home
  • You & Your Family
    • Family and Children Law
    • Wills and Probate
    • Personal Injury
    • Dispute Resolution
    • Mental Health
    • Court of Protection
    • Community Care
    • Criminal Defence
  • You & Your Property
    • Residential Property
    • Property Disputes
    • Housing
  • You & Your Business
    • Commercial Property
    • Commercial Litigation
    • Business Crime and Fraud
    • Alcohol & Entertainment Licensing
  • About Us
    • Our London Offices
    • What Our Clients Say
    • Pricing
    • Make a Secure Payment
    • Awards and Accreditations
  • Our People
    • Community Care
    • Court of Protection
    • Criminal Defence
    • Dispute Resolution
    • Family and Children
    • Housing
    • Alcohol and Entertainment Licensing
    • Mental Health
    • Partners and Management Team
    • Personal Injury
    • Wills and Probate
    • Property
    • Support Team
  • News and Blogs
  • Careers
Call us on: 020 3440 8000
×
  • Divorce
    • Divorce process
    • Finances
    • Civil partnerships
    • Child arrangements
  • Children
    • Child arrangements
    • Social services
    • Adoption
    • Special guardianship
    • Relocation
    • International Children Law – Child Abduction, Relocation and Rights of Access
  • Modern Parenting
    • Surrogacy
    • Fertility
    • Donor conception
    • Co-parenting
    • Adoption
  • Unmarried couples
    • Pre nups, post nups and pre partnership agreements
    • Cohabitation agreements
    • Separation
    • Finances for children
  • Domestic abuse
    • Domestic abuse
    • Forced marriage
    • FGM
×

Start typing to search.

    ×
    TV Edwards Solicitors Logo

    020 3440 8000

    enquiries@tvedwards.com

    Our Offices

    TV Edwards Solicitors Logo

    020 3440 8000

    enquiries@tvedwards.com

    Our Offices

    Contact Us

    Please enter your first name(s).
    Please enter your surname.
    Please enter a valid email address.
    Please enter your contact number.
    Please select an option.
    Please enter a message.

    We’ll only use this information to handle your enquiry and we won’t share it with any third parties. For more details see our Privacy Policy.

    TV EDWARDS SOLICITORS LLP

    Help for hoarders in the Court of Protection

    People with hoarding disorder acquire and store a lot of belongings in a manner which is chaotic.

    Back to News & Blogs 5th July 2023

    Blog author thumbnail
    Jenny Mansell
    Blog Community Care Housing

    You may have a loved one who is at risk of eviction or who social services have concerns about because of the number of belongings in their property.

    When someone has a hoarding disorder, they acquire and store a lot of belongings in a manner which is chaotic and which affects their ability to live their everyday lives. Sometimes the state of someone’s home can cause concern to professionals or family members because it poses a risk to the person living there or others. This can be because (due to the level of belongings), the property is difficult to access, keep clean and carry out repairs and because it can pose a fire risk.

    Social services are likely to be under a duty to support the individual under the Care Act 2014. These types of cases require thoughtful and detailed input from professionals including mental health services, social services and the person’s landlord to support the individual in the least restrictive way possible. These situations can often be difficult to resolve because the individual may not always have insight into the risks that their behaviour poses and there can be a significant emotional impact on them if the belongings are removed (even if they have little monetary value).

    It may be the case that because of their mental health condition, the individual does not have the mental capacity to make decisions about their belongings and the support required to address the concerns. In those circumstances, professionals may need to make best interests decisions to enable the individual to be supported to dispose of perished items and to either remove to storage or dispose of hazardous levels of belongings.

    In the case of Re: AC and GC (Capacity: Hoarding: Best Interests) [2022] EWCOP 39, the Court of Protection set out the relevant information that should be considered when determining whether someone has the mental capacity to make decisions about their belongings. These are:

    • Volume of belongings and impact on use of rooms: the relative volume of belongings in relation to the degree to which they impair the usual function of the important rooms in the property for the person (and other residents in the property) (e.g. whether the bedroom is available for sleeping, the kitchen for the preparation of food etc). Rooms used for storage (box rooms) would not be relevant, although may be relevant to issues of (3) and (4).
    • Safe access and use: the extent to which the person (and other residents in the property) are able or not to safely access and use the living areas.
    • Creation of hazards: the extent to which the accumulated belongings create actual or potential hazards in terms of the health and safety of those resident in the property. This would include the impact of the accumulated belongings on the functioning, maintenance and safety of utilities (heating, lighting, water, washing facilities for both residents and their clothing). In terms of direct hazards this would include key areas of hygiene (toilets, food storage and preparation), the potential for or actual vermin infestation and risk of fire to the extent that the accumulated possessions would provide fuel for an outbreak of fire, and that escape and rescue routes were inaccessible or hazardous through accumulated clutter.
    • Safety of building: the extent to which accumulated clutter and inaccessibility could compromise the structural integrity and therefore safety of the building.
    • Removal/disposal of hazardous levels of belongings: that safe and effective removal and/or disposal of hazardous levels of accumulated possessions is possible and desirable on the basis of a “normal” evaluation of utility. If you are concerned about someone who you think might be at risk because of their hoarding and/or you have concerns about their capacity to make decisions about their belongings, our specialist team of lawyers can represent your or the loved one. Please contact us on 020 3440 8000 or enquiries@tvedwards.com to make an enquiry.

    Related Services:

    Community Care
    Housing

    More Articles

    Article Image

    TLATA and How It Affects You

    26th September 2023
    Article Image

    Common Myths about Criminal Defence – Debunked

    26th September 2023
    Article Image

    ADR Advantages and Disadvantages

    8th September 2023
    Article Image

    Who Keeps the Engagement Ring?

    7th September 2023
    Article Image

    Contentious Probate: a guidance

    7th September 2023
    Article Image

    Are You In or Are You Out? – Reforming the Landlord and Tenant Act 1954: Addressing Concerns of Slowness, Cost, and Opt-Out Security of Tenure

    4th September 2023
    All Articles 

    Contact Us

    020 3440 8000|enquiries@tvedwards.com|Our Offices

    020 3440 8000
    enquiries@tvedwards.com
    Our Offices
    Contact Us

    Cyber Essentials Accreditation Logo
    Lexcel Logo
    The Legal 500 – The Clients Guide to Law Firms
    Chambers 2021 Logo

    © 2023 TV Edwards LLP is authorised and regulated by the Solicitors Regulation Authority (465533) and is a Limited Liability Partnership registered in England and Wales number 0C325696. Details of the SRA Code of Conduct can be found at sra.org.uk. Registered name: TV Edwards LLP. Registered Office: 35-37 Mile End Road, London, E1 4TP.

    TV Edwards Solicitors Logo

    Contact Us

    Call us on: 020 3440 8000

    Our Offices


    • Quick Links
      • Pricing
      • Pay Online
      • Careers with TV Edwards
    • Insights
      • Blogs
    • Regulatory
      • Legal Disclaimer
      • Terms of Business
      • Accessibility
      • Privacy Policy – Website Users
      • Privacy Policy – General
      • Cookies
      • Complaints Procedure

    Find us on:


    TV Edwards Solicitors Logo
    © 2022 TV Edwards LLP is authorised and regulated by the Solicitors Regulation Authority (465533) and is a Limited Liability Partnership registered in England and Wales number 0C325696. Details of the SRA Code of Conduct can be found at sra.org.uk. Registered name: TV Edwards LLP. Registered Office: 35-37 Mile End Road, London, E1 4TP.
    Use of Cookies

    Our website requires the use of cookies. Enabling all cookies makes sure the website works as smoothly as possible, and also helps us to improve it. Some cookies are activated by default but tracking cookies aren't switched on without your consent.

    For our full policy, visit our cookies page.


    Using this tool will set a cookie on your device to remember your preferences.

    Necessary

    Necessary cookies enable core functionality of the website, including security, SRA Regulationand reCAPTCHA form verifications. It is possible to disable these cookies in your browser settings, but this could affect the functionality of the website.


    Recommended
    Off On

    Recommended cookies improve your experience of our site by helping to display our latest client reviews and embedded maps of our office locations. You can find full details on Google's privacy policy here.


    Analytics
    Off On

    We'd like to use analytics services provided by Google Analytics, Microsoft Clarity and Ruler Analytics to collect anonymous information from our visitors. The data we collect will help us to improve our website and services. Learn more about how we use these services and our commitment to safeguarding data in our Cookie Policy.

    Settings Save & Close
    020 3440 8000