Protecting Property of Adults being Cared for Away from Home

Under section 47 of the Care Act the Local Authority must take all reasonable steps to protect the moveable property of an adult with care and support needs who is being cared for away from home and is unable to make those arrangements themself. This requires the Local Authority to prevent or mitigate the loss or damage of a person's personal property or belongings when:

1. The person is either receiving Care and Support in a care home that has been arranged by the Local Authority, or has been admitted to hospital; and
2. The person is unable (either permanently or temporarily) to protect or deal with the property or belongings; and
3. No suitable arrangements have been or are being made.

The Local Authority must have the consent of the person concerned or the consent of someone legally authorised to give consent on their behalf (for example a Deputy appointed by the Court of Protection). Where the person lacks capacity and there is nobody legally authorised to consent on their behalf, the Local Authority must be satisfied that it would be in the person's best interests to protect their property.

For the purpose of performing its duty the Local Authority may:

1. Enter any premises which the person was living in immediately before being provided with accommodation or admitted to hospital; and
2. Deal with any movable property or belongings in any way that is reasonably necessary to mitigate or prevent loss or damage.

If requested, the Local Authority representative exercising the power to enter premises must be able to produce a written document setting out their authorisation to do so. Any person obstructing an authorised Local Authority representative from entering premises is committing an offence and may be liable to a fine.

When the Local Authority has incurred expenses in exercising the duty, it may recover reasonable costs from the person concerned.