A Local Authority v LD & Anor.
[2023] EWHC 1258 (Fam)
X (Hoarding), Re
16 August 2023
[2023] EWCOP 64
Court of Protection
A woman's home is so cluttered it's dangerous. She can't make decisions about it because of her mental health. The court decided it's safer to temporarily move her out so they can clean it up, even though she doesn't want to go.
Key Facts
- •X, a woman with OCD and Hoarding Disorder, lives in a severely cluttered flat.
- •The local authority seeks a court order to remove X from her home to allow decluttering due to significant fire and health risks.
- •X strongly opposes the removal and the Official Solicitor takes a neutral stance.
- •Extensive attempts to engage X in decluttering plans over several years have failed.
- •Multiple expert reports confirm X lacks capacity to make decisions regarding her residence, care, belongings, and the legal proceedings.
Legal Principles
Mental Capacity Act 2005 (MCA 2005): A person lacks capacity if unable to make a decision due to an impairment of, or disturbance in, the functioning of the mind or brain.
Mental Capacity Act 2005
MCA 2005: Best interests decisions must consider the person's welfare in the widest sense, including medical, social, and psychological factors, and attempt to understand their wishes and feelings.
Aintree University Hospitals NHS Foundation Trust v James
MCA 2005: Before making a decision, consideration must be given to whether the purpose can be achieved in a less restrictive way.
Mental Capacity Act 2005
Human Rights Act 1998: The court must balance the deprivation of liberty with X's Article 8 right to respect for private and family life.
Human Rights Act 1998
Outcomes
The court grants the local authority's application to remove X from her home temporarily to allow for decluttering.
X lacks capacity and the risks to her health and safety from the severe hoarding outweigh her wishes and the interference with her Article 8 rights. All less restrictive options have been exhausted.
The court finds X lacks capacity to make decisions about her residence, care, belongings, financial affairs, and to conduct legal proceedings.
Extensive evidence from medical professionals and social workers demonstrates her inability to weigh information relevant to these decisions due to her OCD and Hoarding Disorder.