Guidelines for field staff to assist people living in ... - Housing NSW

SECTION 7: Strategies to help people who are unwilling toaccept assistance7.1 Where the person has decision-making capacityWhere a person has decision-making capacity but has initially resisted help, the casemanager and others involved should continue to try to persuade the person to agree toaccept assistance. Although this can be time consuming, voluntary intervention is likelyto be more efficient and result in a better outcome. Sometimes, people who wereopposed to intervention at the beginning will be more accepting when they have had timeto consider the potential consequences of this decision.Where there is a concern about a person’s living conditions and they cannot beconvinced to address the matter voluntarily, it may be necessary to refer the matterto agencies that have the appropriate legal authority to take further action. Theseorganisations include the following:• local councils• Department of Housing (for public rental tenancies only)• NSW Fire Brigade• NSW Police.The role of these organisations in gaining access to properties is described atAppendix 6.For examples, see Case Study 2 and Case Study 6 in Appendix 8.7.2 Where the person’s decision-making capacity cannot be assessedThere may be cases where capacity cannot be assessed because the personrefuses to open the door or speak to anyone. Field staff could consider gaininginformation or assistance by referring to the following:The Mental Health Act 1990The Mental Health Act 1990 is relevant when a person living in squalor has signs of amental illness and is at risk of harm to self or others. The Act makes provision for thefollowing:• Involuntary admission of a person scheduled as a mentally ill person or as amentally disordered person.• Voluntary admission at the person’s oral or written request to theSuperintendent of the hospital.The Mental Health Act 1990 defines a mental illness as a condition that seriouslyimpairs, either temporarily or permanently, mental functioning, and characterised byone or more of the following: delusions, hallucinations, and severe disturbance ofmood, serious thought disorder or sustained behaviour that is suggestive of these.Because this definition of mental illness is fairly narrow, it may not always be possible23