Legal frameworks
Care Act 2014
Section 42: Adult Safeguarding enquiries, Section 11: Right to carry out an Assessment even if person capacitated and refusing, Section 9: Assessment of needs
Human Rights Act 1998
In cases of self-neglect, articles 2 (the right to life), 5 (the right to liberty and security) and 8 (the right to private and family life) are of particular importance. These are not absolute rights: they can be overridden in certain circumstances (for example, protection of health, prevention of crime). However, any infringement of these rights must be lawful and proportionate, which means that all interventions undertaken must take these rights into consideration.
Mental Capacity Act 2005
Where an individual who is self-neglecting is unable to agree to have their needs met because they are assessed as lacking mental capacity to make specific decisions in relation to this, then the principles of the Best Interests process must be followed in line with the Mental Capacity Act.
Housing Act 2004
Allows Local Authorities to carry out a risk assessment of residential premises to identify any hazards that would likely cause harm and to take enforcement action where necessary to reduce the risk to harm. Provide grounds for eviction of a tenant in certain circumstances.
Public Health Act 1984
Section 31-32 - local authority environmental health could use powers to clean and disenfect premises but only for the prevention of infectious diseases.
Prevention of damage by pests Act 1949
Section 4: Power of Local Authority to require action to prevent or treat rats and mice.
Environmental Protection Act 1990
Section 80: Gives the local authority a power of entry to deal with a statutory nuisance e.g. something that causes a serious and unreasonable interference with a person’s right to enjoy their property, or damages health in terms of the threat of disease.
Mental Health Act 2007
Section 135 – if a person is believed to have a mental disorder and they are living alone and unable to care for themselves, a magistrate’s court can authorise entry to remove them to a place of safety.
Rights of Entry Act 1954 (Gas and electricity boards)
A representative of a gas or electricity supply company can apply for a warrant of entry to premises to inspect or read the meter, to install a prepayment meter, or to disconnect the supply.
Animal Welfare Act 2006
Makes it an offence to cause an animal to suffer where that suffering is unnecessary, and also places a duty on people to meet the welfare needs of animals that they are responsible for.
Access Alcohol Change UK’s guide: How to use legal powers to safeguard highly vulnerable dependent drinkers, including how to effectively use legal powers in practice.
Inherent Jurisdiction
The inherent jurisdiction of the High Court can be used to protect people who have the mental capacity to make decisions but cannot exercise that capacity freely.
In some self-neglect cases, there may be evidence of some undue influence from others who are preventing public authorities and agencies from engaging with the person concerned and thus preventing the person from addressing issues around self-neglect and their environment in a positive way.
Where there is evidence that someone who has capacity is not necessarily in a position to exercise their free will due to undue influence then it may be possible to obtain orders by way of injunctive relief that can remove those barriers to effective working.
Where the person concerned has permitted another person to reside with them and that person is causing or contributing to the failure of the person to care for themselves or their environment, it may be possible to obtain an Order for their removal or restriction of their behaviours towards the person concerned. In all such cases legal advice should be sought.