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Hoarding – the Legal Remedies and Issues

Explore the legal remedies and challenges associated with hoarding, including the Care Act 2014, vulnerable tenants, injunction proceedings, possession proceedings, the Equality Act 2010, and support after the event.

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Hoarding – the Legal Remedies and Issues

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  1. Hoarding – the Legal Remedies and Issues • The Care Act 2014 • Replaced the National Assistance Act 1948 and the National Health Service and Community Care Act 1990 • A general duty under S.1 to “promote [an] individual’s well-being”

  2. Hoarding – the Legal Remedies and Issues • The Care Act 2014 • S.9: “needs assessment” • Care and Support (Eligibility Criteria) Regulations 2014

  3. Hoarding – the Legal Remedies and Issues • Vulnerable Tenants • Check and follow internal policies • Referrals to third party support providers • SS. 42 – 47 Care Act 2014 • Safeguarding Adults Board

  4. Hoarding – the Legal Remedies and Issues • Injunction Proceedings • Anti-Social Behaviour Crime and Policing Act 2014 • Claim for breach of tenancy • Require the tenant to take action or allow the landlord to do so in default • If the landlord does the work, re-charge or absorb the cost? • What support will be given to the tenant?

  5. Hoarding – the Legal Remedies and Issues • Possession Proceedings • Is an injunction appropriate? • New Pre-Action Protocol for Possession Claims by Social Landlords • Notice of Seeking Possession – Schedule 2 to the Housing Act 1985 / 1988 • Suspended Possession Order? • Is it reasonable to make any Possession Order?

  6. Hoarding – the Legal Remedies and Issues • The Equality Act 2010 • Is a hoarding disorder a disability? • S.6: a physical or mental impairment that has a long-term adverse effect on a person’s ability to carry out normal day-to-day activities • S.15: prohibition of discrimination on basis of disability • S.35: discrimination in management of premises • S.20: reasonable adjustments • Proportionality defence

  7. Hoarding – the Legal Remedies and Issues • Hoarding and Capacity – the Mental Capacity Act 2005 • No automatic lack of capacity • Issues with taking legal action against a Defendant without capacity • S.4: Best Interests Decision • Factors to consider • No deprivation of liberty • Not without risk • Application to Court of Protection

  8. Hoarding – the Legal Remedies and Issues • Support After the Event • What steps can be implemented to prevent recurrence? • What support can be offered? • Liaison with third party support providers?

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