1. INTRODUCTION 2. HOARDING PROCEDURE

Transcription

1 London Borough of Bromley Hoarding Panel Protocol Procedure No: 5 Summary: Guidance to LBB staff on the procedure for referrals for the multi-agency Hoarding Panel to manage complex risks to individuals in cases where the single agency approach has not resolved the risks to the person concerned. 1. INTRODUCTION 1.1 People who hoard may come to notice in various ways when:- Registered social landlords are concerned that the presence of hoarded materials is creating health and safety hazards to the adult concerned and their neighbours, in breach of tenancy conditions to keep the property in good order. The adult has care and support needs but has not sought help, refused intervention and is self-neglecting to the extent there are serious risks to their health and wellbeing. The presence of hoarded materials and hoarding behaviour has caused conditions within the property to have deteriorated to the extent that there is a public health concern that the property meets the definition in the Public Health Act 1936 of filthy, unwholesome or verminous requiring intervention by LBB Environmental Services Public Protection Public Health Nuisance Team. There is a fire risk to the occupant and neighbouring properties caused by the accumulation of combustible hoarded materials which requires the advice and assistance of the London Fire Brigade. In which case, see LBB Environmental Services and London Fire Brigade Joint Protocol which is Appendix 2 to the SA Practitioner Toolkit LBB and London Fire Brigade Home Fire Safety Procedure No HOARDING PROCEDURE 2.1 In most cases it is expected that the agency receiving the referral will make an initial assessment using the tools in the attached hoarding toolkit: Clutter image rating Legal powers guidance London Fire Brigade referral form for free Home Fire Safety visit Bromley multi-agency hoarding agreement flowchart. 2.2 The LFB Bromley Team will visit the property to supply Home Fire Safety advice and provide smoke alarms (and any other suitable fire prevention materials) for the premises. A joint risk assessment will follow including multi-agency discussions. See safeguarding adult toolkit procedure No. 12 for more information. 2.3 The agency undertaking the initial assessment should follow the Hoarding Agreement flowchart to seek further information to determine whether the case requires a joint assessment and multi-agency approach.

2 2.4 The lead agency should refer the case to the next quarterly meeting of the Bromley Hoarding Panel if intervention in the case has failed to bring about change. 3. HOARDING PANEL TERMS OF REFERENCE 3.1 The hoarding panel is a multi-agency meeting which sits quarterly to discuss and review complex, high risk hoarding cases. In exceptional circumstances, it will make decisions on the most complex cases. 3.2 Membership of the Panel includes representatives from the following agencies: London Borough of Bromley Education Care and Health Services, Care Services London Borough of Bromley Environmental Services, Public Protection Team Oxleas NHS Foundation Trust, Community Mental Health Teams Bromley Healthcare Community Nursing Services Bromley Clinical Commissioning Group London Fire Brigade Housing Associations, Affinity Sutton, A2 Dominion, Amicus Horizon, Hanover housing and other registered Social Landlords, as appropriate. 3.3 Meetings will be convened by the personal assistant to the Head of Assessment and Care Management, London Borough of Bromley Education Care and Health Services pending the appointment of a permanent chair selected from senior representatives of the Panel s member organisations. 3.4 The Hoarding Panel will review the referral process, governance structure annually and consider any development issues. 3.5 Hoarding Panel Referral Criteria Allocated workers and their service managers must be satisfied that the hoarding referral process has been followed and all efforts have been made to address the hoarding issues sufficiently to manage the risks to the individual, for example: Abuse and neglect to self (health and wellbeing) Abuse and neglect to others to others (Public Health). 4. HOARDING TOOLKIT The contents of the Hoarding toolkit are: 1. Clutter Image Rating Tool 2. Legal Powers Guidance 3. London Fire Brigade Home Fire Safety Visit Referral Form 4. Bromley Multi Agency Hoarding Agreement Flowchart

3 HOARDING REFERRAL TOOLKIT

4 HOARDING REFERRAL TOOLKIT HOARDING LEGAL POWERS GUIDANCE AGENCY LEGAL POWER AND ACTION CIRCUMSTANCES REQURING INTERVENTION Power of entry/ Warrant Non engagement of person. To gain entry for (s.287 Public Health Act) examination/execution of necessary work Gain entry for examination/ execution Environmental Health of necessary work required under Public Health Act Police attendance (All tenure including Leaseholders/ Freeholders) required for forced entry Environmental Health Power of entry/ Warrant (s.239/240 Public Health Act) Environmental Health Officer to apply to Magistrate. Good reason to force entry will be required (all party evidence gathering) Police attendance required Non engagement of person/entry previously denied. To survey and examine (All tenure including Leaseholders/ Freeholders) Environmental Health Enforcement Notice (s.83 PHA 1936) Notice requires person served to comply. Failure to do so can lead to landlord carrying out requirements, at own expense; though can recover expenses that were reasonably incurred Filthy or unwholesome condition of premises (articles requiring cleansing or destruction) Prevention of injury or danger to person served. (All tenure including Leaseholders/ Freeholders/Empty properties) Environmental Health Litter Clearing Notice (Section 92a Environmental Protection Act 1990) Environmental Health to make an assessment to see if this option is the most suitable. Where land open to air is defaced by refuse which is detrimental to the amenity of the locality. An example would be where hoarding has spilled over into a garden area. Police Power of Entry (S17 of Police and Criminal Evidence Act) Person inside the property is not responding to outside contact and there is evidence of danger. Information that someone inside the premises was ill or injured and the Police would need to gain entry to save life and limb Fire Brigade Prohibition or Restriction of use (Regulatory Reform (Fire Safety) Order 2005) The fire brigade can serve a prohibition or restriction notice to an occupier which will take immediate effect. In some circumstances this can apply to domestic premises including single private dwellings where the appropriate criteria of risk to relevant persons apply. If a premises involves such risk to persons so serious that the use of the premises ought to be Prohibited or Restricted notice can be served on the responsible person (owner/occupier).

5 Animal Welfare Agencies such as RSPCA/Local authority e.g. Animal Welfare Act 2006 Offences (Improvement notice) Cases of Animal mistreatment/ neglect. The Act makes it not only against the law to be cruel to an animal, but that a person must ensure that the welfare needs of the animals are met. Environmental Health/DEFRA Local Authority/ Adult Social Care Education for owner a preferred initial step, Improvement notice issued and monitored, If not complied can lead to a fine or imprisonment NHS & CCA 1990 SA Guidance Person has a right to make decisions if they have Capacity. MCA & BIA If person had no capacity a BIA will be required and a Best Interest assessment undertaken Note: The implementation of the Care Act 2014 abolishes Section 47 of the National Assistance Act 1948 which gives a local authority the power to remove a person in need of care from home. From April 2015 this power ceases to apply to persons in England. See also: pets/. Where a person by way of chronic disease, age, infirmity or physical incapacity is living in insanitary conditions and is unable to care for themselves. The Section 47 power was very rarely used as actions under this power were open to challenge under the Human Rights Act The Care Act 2014 includes self-neglect within the definition of abuse enabling action to be taken under adult safeguarding procedures for adults at risk from self-neglect. See SCIE Guide Gaining access to an adult suspected to be at risk of neglect or abuse: a guide for social workers and their managers for definitive guidance about use by Police of section 17 of PACE Act, and when MCA and Mental Health Act or the inherent jurisdiction of the Court of Protection may apply: Mental Health Mental Health Act 1983 Section 135(1) Provides for a Police officer to enter a private premises, if need 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.

6 HOARDING REFERRAL TOOLKIT HOME FIRE SAFETY VISIT REFERRAL FORM The image below is for information only. The e- form version can be downloaded from the London Borough of Bromley website using the following link Complete the referral form and send it by to: or by post to: Initial Response, North Block, London Borough of Bromley, Civic Centre, Bromley BR1 3UH DO NOT send it direct to the London Fire Brigade address on the referral form. This address can be used for subsequent contact with the London Fire Brigade following a referral to arrange joint visits and discuss the partnership response.

7 Bromley Multi Agency Hoarding Agreement Flowchart A referral may at first be received by any agency. Once the initial assessment has been completed additional information may be required regarding background information of the individual, this will include if the individual is known to other agencies. GP s should be contacted as they will have this information regarding the person. Ensure Clutter Ratings tool is used. Not known to other Professionals Bromley Social Services Direct and Contact & Assessment will do initial screening and assessment if not known to MH or LD Referral Complex Care to case manage Known to Oxleas MH /LBB and Case Closed within last six months refer to last service involved Oxleas & Learning Disability Team Joint initial assessment will be completed by the referrer and LBB Re-ablement Assessor or Oxleas. Multi-agency decision made whether multi-agency approach required. Initial assessment should generate/open a case log for the service user Agency picking up referral to obtain update from GP and Practice Manager The GP & Practice Manager will be able to assist other agencies with risk assessments or confirm that there is no risk to the service user. (in all cases consider referral to London Fire Brigade) other services. LFB Home Visit Referral Form Joint Assessment Completed Professional Stakeholders Meeting Action Plan and Lead Agency to be agreed at the meeting Further meetings to be agreed / arranged / monthly & or ongoing Once the action plan has been agreed professionals will also confirm what information will need to be shared by those originally involved. If the service user reverts backwards a new assessment can take place. Case will be discussed at quarterly hoarding panel