X (Hoarding), Re

X (Hoarding), Re

X lacks capacity to make decisions regarding her residence, care and support, items and belongings, property and financial affairs, and conduct of proceedings due to the severity of her OCD and Hoarding Disorder. The risks to X's health and safety from remaining in her current living conditions are substantial and cannot be mitigated by further support or delay. It is in X's best interests for the local authority to remove her temporarily to supported accommodation, depriving her of her liberty if necessary, to enable decluttering and repairs, despite her strong objections and the significant interference with her Article 8 rights.

Parties
Applicant: A Local Authority; Respondent: X
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Welfare Application Under Mental Capacity Act 2005 / Final Judgment
Outcome
Application granted
Legal Topics
Best Interests, Capacity Assessment, Deprivation of Liberty, Hoarding Disorder, Article 8 ECHR, Section 16 Mental Capacity Act 2005
Mental Capacity Law Health Law Human Rights Law Best Interests Capacity Assessment Deprivation of Liberty Hoarding Disorder Article 8 ECHR +1 more

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Parties

A Local Authority

Applicant

X

Respondent

Procedural Posture

Welfare Application Under Mental Capacity Act 2005 / Final Judgment

Legal Issues

  1. 1 Does X lack capacity to make decisions regarding her residence, care/support, items and belongings, property and financial affairs, and conduct of proceedings?
  2. 2 Is it in X's best interests to be removed from her home and deprived of her liberty in supported accommodation to enable decluttering and repairs?
  3. 3 Are the proposed orders a justified and proportionate interference with X's Article 8 rights?

Ratio Decidendi

X lacks capacity to make decisions regarding her residence, care and support, items and belongings, property and financial affairs, and conduct of proceedings due to the severity of her OCD and Hoarding Disorder. The risks to X's health and safety from remaining in her current living conditions are substantial and cannot be mitigated by further support or delay. It is in X's best interests for the local authority to remove her temporarily to supported accommodation, depriving her of her liberty if necessary, to enable decluttering and repairs, despite her strong objections and the significant interference with her Article 8 rights.

Court Disposition

Application granted

Orders

  • X to be removed from her home to supported accommodation for the duration of decluttering and repairs.
  • X to be deprived of her liberty in supported accommodation to prevent return until works are completed.