Legislation relevant to self-neglect and possible legal interventions

While it is preferable to work with the consent of the adult, a balance has to be struck between negotiated and imposed interventions. Sometimes an agency’s’ legal duties will require it to impose an approach upon an adult (for example environmental health enforcement action to protect others).

There are a range of powers and duties that can or must be used in specific circumstances and by a variety of agencies.

Sometimes the possibility of imposed enforcement or other legal action being taken can serve; along with negotiated approaches to provide motivation to the adult to take action themselves to bring about change. Specific Legislation is outlined below:

Animal Welfare Act 2006
Anti-Social Behaviour 2003
Care Act 2014
Crime and Policing Act 2014
Environment Act 1995
Equality Act 2010
Fire and Rescue Services Act 2004
Homeless Reduction Act 2017
Housing Act 1985, 1988 (and 1996), 2004
Landlords - Housing Act 1985 & 1988
Mental Capacity Act 2005
Mental Health Act 1983
Misuse of Drugs Act 1971
Public Health Act 1984 (and HSCA 2008)
Human Rights Act 1998
Article 2 rights to life
Article 3 rights to be protected from inhuman & degrading treatment
Article 5 right to liberty and security
Article 8 right to respect for private and family life
Article 10 right to Freedom of Expression (underpins MSP)
Article 14 right not to be discriminated against (underpins equality & empowerment

For more information on Legislation and possible legal interventions to support specific circumstances- see information outlined below:

Agency	Legal Power and Action	Circumstances requiring intervention
Darlington Borough Council Environmental Health	Power of entry/Warrant Public Health Act 1936 S.287	Gain entry for examination/execution of necessary work required under Public Health Act. Police attendance required for forced entry non-engagement of person. To gain entry for examination/execution of necessary work (all tenure including Leaseholders/Freeholders). In practice this is used as a last resort unless there is a risk to public health and/or a statutory nuisance (Environmental Protection Act 1990). However all steps need to be taken to try to enter the premises; and only be sought after a number of attempts and/or risk is imminent.
Darlington Borough Council Environmental Health	Enforcement Notice: Public Health Act 1936 S.83	Power to cleanse premises which are filthy or verminous. Notice requires person served to comply. Failure to do so can lead to Council clearing out a property which is filthy or verminous and recovering expenses that were reasonably incurred. Filthy or unwholesome condition of premises. Works undertaken to remove those items which are filthy or verminous where there is a public health risk to the occupier or neighbouring properties. (All tenure including Leaseholders/ Freeholders/Empty properties). This process can be traumatic for the occupier and should only be considered in exceptional circumstances when all other informal and supportive efforts have been exhausted
Darlington Borough Council Environmental Health	Power to cleanse: Public Health Act 1936 S.84	Power to cleanse filthy or verminous articles within a dwelling. No provision to recover costs. Typically used where a small number of filthy or verminous items are to be removed from one room of a property. Where a large number of items or several rooms are in filthy or verminous condition S.83 (Notice) is used instead.
Darlington Borough Council Environmental Health	Public Health (Control of Disease) Act 1984	A justice of peace may make order under this section Power to order health measures in relation to the person
Darlington Borough Council Environmental Health	Prevention of Damage by Pests Act 1949 Section 4	The Local Authority (LA) has a duty to ensure all land within its area is free from rats and mice. Legal power is used where land is open to air, for example large amounts of rubbish in a garden which may attract pests
Darlington Borough Council Environmental Health	Environmental Protection Act 1990 S.79(1)	LA Power to require abatement of a statutory nuisance which includes: (e) any accumulation or deposit which is prejudicial to health or a nuisance. (f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance. Power of entry and recovery of costs. A nuisance is something which affects a person(s) at another property. Prejudicial to health means injurious or likely to cause injury to health
Durham Constabulary	Power of Entry Police and Criminal Evidence Act 1984 s17	Person inside the property is not responding to outside contact and there is evidence of danger. Information that someone was inside the premises was ill or injured and the Police would need to gain entry to save life and limb.
Durham Constabulary, Housing Providers and DBC	Anti-Social Behaviour, Crime and Policing Act 2014	Powers exist to address self- neglectful behaviour constituting severe nuisance and annoyance to others
County Durham and Darlington Fire and Rescue Service	Powers of Entry- The Regulatory Reform (Fire/ Safety) Order 2005 Article 27(1)	If any issues encroach on common areas (i.e. properties with shared access/areas, e.g. flats) of premises that CDDFRS believe comes under the Fire Safety Order, by virtue of the Order CDDFRS can act by inspecting the premises
Darlington Borough Council Housing	Anti- Social Behaviour, Crime and Policing Act 2014 Premises Closure Order	A Local Authority can apply to a Magistrates' Court for Premises Closure Order. The magistrates' court may make an order if satisfied that: The occupant has caused disorderly, offensive or criminal behaviour on the premises, or the use of the premises is likely to result in serious nuisance to the public, or there has been disorder near the premises because of the way the premises have been used and An order is necessary to prevent the occurrence of such behaviour, disorder or nuisance.
Darlington Borough Council Housing	Housing Act 1985 (secure tenancies) or Housing Act 1988 (assured tenancies)	The landlord has the right of entry to the property having provided at least 24 hours' notice to: inspect the premises and their state of repair. As a last resort in severe cases and having already tried other options first to enable tenancy sustainment, a landlord can take action for possession of the property for breach of tenancy agreement, where a tenant fails to comply with the obligation to maintain the property and its environment to a reasonable standard
Darlington Borough Council Housing	Housing Act 1985 Possession Action Schedule 2 (for secure tenancies	Ground 1: breach of tenancy Ground 2: anti-social behaviour Ground 3: waste/neglect of the property Ground 4: deterioration of furniture Section 84A: mandatory ground for possession for breach of anti-social behaviour injunction Ground 7A: mandatory ground for possession for breach of anti-social behaviour injunction Ground 12: breach of tenancy Ground 13: waste/neglect of property Ground 14: anti-social behaviour Ground 15: deterioration of furniture
Darlington Borough Council Housing	Housing Act 1985 Demotion Order	A County Court can make a Demotion Order, converting a secure tenancy into a Demoted Tenancy for a period of 12 months. The Court can make a Demotion Order if satisfied that the tenant has engaged in anti-social behaviour and that it is reasonable to make a Demotion Order
Darlington Borough Council Housing	Housing Act 2004	Allows enforcement action where either a category 1 or 2 hazard exists in any dwelling or land posing a risk of harm to the health or safety to actual or potential occupiers. Powers include serving a hazard awareness notice, an improvement notice, a prohibition order or in the case of a category 1 hazard - taking emergency remedial action.
Darlington Borough Council Adult Social Care	Care Act 2014(Section 9 Needs assessment)	Needs or carers assessments must be carried out where it appears to a local authority that an adult may have needs for care and support. The assessment should be appropriate, proportionate, person-centred and ensure a focus on the duty to promote wellbeing. Where the adult at risk of self-neglect lacks mental capacity and carrying out a needs assessment would be in the adult's best interests, the local authority is required to do so. Where an adult at risk of self-neglect has mental capacity but refuses a needs assessment, the local authority must undertake an assessment so far as possible and document this. It should continue to keep in contact with the adult and carry out an assessment if the adult changes their mind and asks them to do so. Once an assessment has been made there is a duty on local authorities to produce care and support plans and to offer a personal budget. This should focus on keeping people directly involved. The Act also sets out a duty to review Care and Support plans to ensure that they continue to meet the needs of the person.
Darlington Borough Council Adult Social Care	Care Act 2014 Section 42 Adult Safeguarding Enquiry	Self-neglect is included in definitions of abuse and neglect, thus linking self-neglect to statutory safeguarding duties. N.B. The statutory guidance states "It should be noted that self-neglect may not prompt a Section 42 enquiry. An assessment should be made on a case by case basis. A decision on whether a response is required under safeguarding will depend on the adults’ ability to protect themselves by controlling their own behaviour. There may come a point when they are no longer able to do this, without external support." This section applies where a local authority has reasonable cause to suspect that an adult in its area (whether or not ordinarily resident there): a) Has needs for care and support (whether or not the authority is meeting any of those needs) and b) is experiencing, or is at risk of, abuse or neglect and c) as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it. The Local Authority must make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken in the adult's case and, if so, what and by whom. If the adult has substantial difficulty in participating in their enquiry and they have no one else to support them with this, then the Local Authority must provide them with an independent advocate.
Darlington Borough Council Adult Social Care	Care Act 2014 Section 11	Refusal of assessment
Darlington Borough Council Adult Social Care	Care Act 2014 Section 18	Duty to meet needs for care and support Meeting assessed eligible needs
Darlington Borough Council Adult Social Care	Chronically Sick and Disabled Persons Act	The Chronically Sick and Disabled Persons Act 1970 received royal assent on 9 May 1970. The Act required local authorities to provide welfare services to disabled people who fell within section 29 of the National Assistance Act 1948 (those who were blind, deaf, people with learning disabilities or mental illness and disabled people). The 1948 act had already given local authorities powers to provide services. However, the 1970 act compelled local authorities to provide a range of services including: practical assistance home adaptations provision of or help with procuring access to recreational activities – such as outings, TV services or educational services, and the provision of meals at home
Animal Welfare agencies RSPCA, Dogs Trust and other animal rescue establishments Darlington Borough Council Environmental Health/ Dog Warden/ Enforcement Officers	Animal Welfare Act 2006	Improvements to animal welfare, effected through education and support or enforcement in severe cases Escalation process: Verbal advice Support and re-visits Encourage voluntary rehoming of animals Provision of neutering vouchers to reduce overbreeding and hoarding issues and or assistance with transport to vets Issue of Improvement Notices of animals if animal is suffering Prosecution, in extreme cases (fine/ban on keeping animals/imprisonment) Cases of Animal mistreatment/ neglect. The Act makes it not only against the law to be cruel to an animal, but states that a person must ensure that the welfare needs of their animals are met. Individuals have a duty to meet the welfare needs of their animals. Advice and education may be followed by formal warnings and prosecution. Cruelty to animals is a criminal offence See also legislation protecting pets.
Darlington Borough Council Adult Social Care Mental Health Services	Mental Health Act 1983 Section 135(1)	This act provides for a Police Officer to enter a private premises, if needs be by force, to search for and, if thought fit, remove a person to a place of safety if certain grounds are met. The police officer must be accompanied by an Approved Mental Health Professional (AMHP) and a doctor. NB. Place of Safety is usually the Mental Health Unit but can be the Emergency Department of a General Hospital, or anywhere willing to act as such. Evidence must be laid before a magistrate by an AMHP that there is reasonable cause to believe that a person is suffering from mental disorder, and is being Ill-treated, or Neglected, or Being kept other than under proper control, or If living alone is unable to care for self, and that the action is a proportionate response to the risks involved.
All	Mental Capacity Act 2005	A decision can be made about what is in the best interests of a mentally incapacitated person by an appropriate decision-maker under the MCA. It is important to follow the principles of the Act, to ensure any actions considered are taken in the persons' best interests and have given due consideration to the least restrictive options available. Where a person lacks capacity to make decisions and is at high risk of serious harm as a result
All	Mental Capacity Act Court of Protection Orders	Court of Protection and the Public Guardian
All	Inherent Jurisdiction of the High Court	The High Court has powers to intervene in extreme cases of self-neglect when adults have capacity, although the presumption is always to protect the individual's human rights. Legal advice should be sought before taking this option. In extreme cases of self-neglect, where an adult with capacity is at risk of serious harm or death and refuses all offers of support or interventions or is unduly influenced by someone else, taking the case to the High Court for a decision could be considered.
All	Human Rights Act 1998	Articles 2,3,5,8 (positive as well as negative duties)