Protecting Property of Adults being Cared for Away from Home

Under section 47 of the Care Act the Local Authority must take reasonable steps to prevent or mitigate the loss or damage of a person's movable property or belongings when:

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

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; in so long as
3. The person has given their consent; or
4. Where the person lacks capacity to consent a person legally authorised to give consent on their behalf has done so (for example a Deputy appointed by the Court of Protection); or
5. Where the person lacks capacity and there is no legally appointed person, the Local Authority it satisfied that it would be in the person's best interests.

The Local Authority should provide their representative (or person exercising the duty on behalf of the Local Authority) with a written letter of authority as they must be able to produce this upon request. Any person obstructing an authorised Local Authority representative (or person exercising the duty on behalf of the Local Authority) in exercising its duty is committing an offence and may be liable to a fine.

When exercising the duty the Local Authority may recover from the person any reasonable costs it incurs.