What is hoarding?
Hoarding is defined by the NHS as a "disorder where someone acquires an excessive number of items and stores them in a chaotic manner, usually resulting in unmanageable amounts of clutter."
Research suggests that between two and five per cent of people hoard which would amount to over 1.2 million people in the UK. In reality, this is likely to be an underestimate and does not take into account the wider impact on family members and friends of people experiencing chronic disorganisation and hoarding.
Implications of hoarding
Whilst hoarding can be a debilitating disorder, the health and safety implications of hoarding behaviour go far beyond the individual who is hoarding or the property where hoarding is taking place. Hoarding can present risks to others who may come into contact with the individual's property, as well as to those living in or visiting the wider building or nearby properties. Housing providers must balance the needs of the individual with the needs of surrounding neighbours. If a report of hoarding is received, it is important to collaborate with the tenant to address their support needs and hoarding behaviour and, where appropriate, remove the items causing concern. If the level of risk is high or the effect on others is significant, the housing provider may take action, including legal measures, alongside partner agencies to mitigate these risks.
The risks from hoarding are well documented:
- Fire – Hoarding may lead to the accumulation of combustible materials such as newspapers, clothing and rubbish which may present a fire risk, as well as block pathways and exits which can cause issues with evacuation and rescue.
- Structural Damage – Hoarding of heavy items may cause damage to a property (e.g. sagging or collapsed floorboards) which may be a danger to the occupants of the property or adjacent properties.
- Disease, injury and infestations – Hoarded items may make cleaning difficult which can lead to unsanitary living conditions and biohazards (such as bedbugs, rats or fleas) increasing the risk of disease and illness. Cluttered areas can also give rise to a greater risk of slips, trips or falls.
- Lone Working and Work-related Violence – Hoarding can be a symptom of other mental health conditions, such as dementia, depression or a psychotic disorder. Workers may be at risk when entering a property, or when trying to engage with or help someone with hoarding behaviour.
What does this mean for social housing providers?
Under the Health and Safety at Work etc Act 1974, all employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. For a social housing provider, that duty will extend to employees – such as housing officers or maintenance personnel – who may require to enter a property where hoarding is taking place. The duty includes providing a safe place of work and safe systems of work including providing training, supervision and instruction.
In addition, all employers have a duty to minimise the risks posed to non-employees who may be affected by their undertaking, so far as is reasonably practicable. For a social housing provider, that duty will extend to tenants and residents of the building where hoarding is taking place, visitors to the building including contractors and others who happen to be in the vicinity of the building.
As part of these duties, social housing providers must carry out a suitable and sufficient assessment of the risks posed by hoarding to these individuals and implement control measures to minimise those risks so far as is reasonably practicable.
There is no "one size fits all" approach to controlling the risks posed by hoarding. Careful consideration will have to be given to each individual situation, paying particular attention to the age, condition and layout of the building, as well as the risk profile of those who may come into contact with it. Specialist input may be required, for example from a fire risk assessor, a surveyor or a biohazard specialist.
Whilst the specific control measures will require careful consideration, there are general steps which providers may find useful in managing the risks posed by hoarding:
- Engage with other authorities: Authorities – such as social work and environmental health - can be well placed to provide support in situations where hoarding is taking place. Housing providers should consider engaging with these authorities early with a view to preventing serious problems arising.
- Clear policies and procedures for tenants: Providers should have clear policies and procedures in place in respect of hoarding which set out the action that is open to the provider should a tenant fail to comply with the policies. Tenants should be informed of and regularly reminded of these policies.
- Staff training: Providers should ensure staff are aware of the risks posed by hoarding and the steps that require to be taken where they become aware of hoarding activity, including setting out clear reporting channels within the organisation.
Where staff require to enter properties where hoarding is taking place, providers will have to have in place systems to minimise the risks posed to those individuals. A provider should consider:
- PPE: Providers should consider providing those individuals with appropriate PPE such as masks, gloves and protective clothing to protect them from potentially unsanitary items or environments. Staff should be trained in how to use the PPE to ensure its full protection.
- Lone working: Where necessary, providers should consider the systems they have in place for managing lone working. HSE Guidance on lone working can be found here: Lone working - HSE.
- Work related violence and aggression: Staff may require instruction and training on how to handle potential conflict or push back from tenant or resident who is reluctant to accept help. The HSE has helpful guidance on work-related violence including on preventing violence towards lone workers.
Failure to manage the risks posed by hoarding
Social housing providers who fail to manage the risks posed by hoarding are at risk of personal injury claims from those who suffer harm as a result, as well as enforcement action by the regulators, including the HSE and the Scottish Housing Regulator. Claims and enforcement action can be costly and disruptive to a business.
Providers could also be prosecuted for a H&S offence and, in certain circumstances, their directors and senior managers could be too. If convicted of a H&S offence, companies and individuals can be fined an unlimited amount, with individuals also being imprisoned for up to two years.
As such, social housing providers must consider the risks posed by hoarding within their organisation and ensure they have in place systems to protect their staff and others who may be affected by this activity.
Brodies' Social Housing and H&S teams are well placed to advise on providers' rights and obligations in relation to hoarding and the steps they require to take to comply with their H&S obligations.
