Unwrapping the legal consequences of hoarding

SUMMARY This commentary uses five recent court cases in England and Wales to illustrate key legal principles related to hoarding disorder: (a) the need for balance between personal autonomy and protection from severe self-neglect; (b) the five core categories for assessing capacity regarding possessions: volume, access, hazards, safety and disposal; (c) courts expect clinical diagnoses to be based on substantive behavioural evidence rather than arbitrary manual exclusions or rigidly applied criteria; (d) impaired capacity to appreciate serious risks may justify compulsory intervention in a person’s best interests; and (e) although hoarding may constitute a disability under the Equality Act 2010, eviction can still be lawful where it is a proportionate response to significant risks to public health and safety.