Hoarding and squalor guide for local government

Local governments are often the first point of contact for a community member to raise their concern about someone who hoards or someone living in squalor conditions. Local governments can choose to take an educational and awareness raising approach to help guide the individual, family or friends to seek professional help through a range of mental health support services. 

Information is available on:

• help with hoarding and
• what is hoarding

to help family and friends navigate the range of mental health services available and to understand how to communicate with the individual. 

In certain circumstances, local governments can use legislative enforcement tools to reduce risks to the public that may arise from poor living conditions. However, enforcement action as a standalone response is usually ineffective, can cause significant distress to the individual and worsen the hoarding. These enforcement tools are outlined in the Hoarding and squalor guideline for local government (PDF 1.9MB). 

Support from family members or friends is often more effective and should be encouraged wherever possible before any local government involvement. 

Involvement of mental health specialists and other support services are essential to provide a meaningful long-term response and to support the management of the underlying mental health issues experienced by the individual. 

Hoarding disorder is a recognised mental illness, and support may be available through a range of support services. 

A list of support services and where to get help is available on help with hoarding.

Ideally, any local government intervention should aim to:

• educate individuals, family or friends on how to seek mental health support where hoarding disorder and squalor behaviour is suspected
• mitigate environmental public health risks and ensure compliance with public health and other safety standards
• address community concerns where hoarding behaviour impacts neighbouring properties.

Local government involvement may not always be necessary or possible, particularly where harm is not caused to others. Individuals may refuse support, exercising their right to make informed decisions about their own lives. Respecting their autonomy is crucial, even if their choices seem detrimental.

Intervention can sometimes cause significant distress, worsening the individual's condition rather than improving it. There may also be situations where the hoarding does not pose immediate public health or safety risks, making intervention unnecessary. Balancing the need to address community concerns with the individual's well-being requires careful consideration, and sometimes, the best approach is to educate the individual on where to seek support without taking enforcement action.

Individuals living in situations of hoarding and squalor are considered competent to make informed decisions unless there is evidence to the contrary. If you are concerned about someone’s ability to make decisions due to mental incapacity, you can consider referring the case to the State Administrative Tribunal (SAT) to appoint a guardian or administrator.

There are no restrictions on who can apply to the SAT and ask for a guardian or administrator (or both) to be appointed for someone else who does not seem able to make decisions that are in their best interests. To learn more refer to guardianship and administration | SAT and guardianship and administration | Legal Aid WA.

Urgent referrals to other agencies

A home visit may identify certain risks exist which may need urgent attention by another agency. These referrals are protected by law and do not require the individual's permission. 

• Child protection - concerns for the safety or wellbeing of children
• Animal cruelty or neglect - report animal cruelty
• Critical medical issues - emergency and crisis (including mental health emergency)

One of the challenges when responding to hoarding and squalor is that an individual must consent to support services being offered to help them. A person has the right to refuse mental health support and other unregulated interventions. 

Consent will be crucial to the person and is a legal requirement. The engagement process can be traumatising and cause significant distress for the person if you let other people and agencies know about their situation without their consent. A person may feel embarrassed about their current living situation and have attempted to hide their living conditions from others, or they may not believe they have a problem.

It is important to respect a person’s autonomy and involve them in decision-making to foster trust and ensure they receive the help they need.

If you are concerned about someone’s ability to make decisions due to mental incapacity, consider referring the case to the State Administrative Tribunal (SAT) to appoint a guardianship and administration | SAT.