Protecting Moveable Property

1. The Section 47 Requirement to Protect Property

Under section 47 of the Care Act, the Local Authority is required take all reasonable steps to protect the moveable property of a person being cared for away from home who is unable to make those arrangements for themselves.

Specifically, the duty applies 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; and
3. No suitable arrangements have been or are being made.

The Local Authority must act when it believes that, if it does not act, there is a risk of the property being lost or damaged. The action it takes must prevent or mitigate that risk.

In meeting this requirement, the Local Authority is permitted to:

1. Enter any premises which the person was living in immediately before being placed into a care home or admitted to hospital; and
2. Deal with any moveable property in any way that it deems reasonably necessary to mitigate or prevent loss or damage.

2. Local Policy and Guidance

It is important that you are familiar with and have regard for any local policy and guidance regarding the protection of moveable property.

This should set out:

1. The local position on protecting moveable property when the duty to do so does not apply;
2. The methods of protecting property that are available to you;
3. Any local partner organisations able to support the function; and
4. The local position and process around reimbursement of costs from the person whose property is being protected.

3. Identifying Moveable Property

Whenever you arrange a care home placement (including respite) or are notified that a person has been admitted to hospital, steps should be taken to establish whether they have any moveable property that may need to be protected.

Examples of moveable property includes, but are not limited to:

1. Pets;
2. Jewellery;
3. Money and credit/bank cards;
4. Pieces of valuable technology;
5. Important documentation (e.g. passport or an outstanding bill);
6. Anything else that is important to the person.

This information should ideally be gathered from the person themselves. If the person has been admitted to hospital and you are not able to speak with them directly, it is appropriate for a nurse or other health professional to gather this information on your behalf.

If the person is not able to confirm or deny the existence of any moveable property that may need to be protected (because they are too unwell, or they lack the capacity to do so), it is appropriate to consult with someone else who knows their circumstances. This consultation should have full regard for confidentiality and its remit should be limited to establishing whether the Section 47 requirement may apply.

4. Seeking Consent to Protect Moveable Property

Before taking steps to protect their moveable property, you must have the consent of the person concerned, or the consent of someone legally authorised to give consent on their behalf (a Deputy or Attorney).

Wherever possible, consent should be given in writing. This could be a signed consent form, text, email or letter. If written consent is not possible, verbal consent can be provided instead. Verbal consent can include a telephone conversation. Consent can also be provided using other means of communication such as gestures or sign language.

If the person has been admitted to hospital and you are not able to seek their consent yourself, it is appropriate for a nurse or other health professional to do so on your behalf.

Refused consent

If a person with capacity does not give consent to the Local Authority protecting their property, arrangements should not be made.

If you are concerned that the person’s decision may leave their moveable property at high risk of loss or damage, discuss this with your line manager and consider any further action that may be required.

5. Agreeing how to Protect Property

In all cases, the action that is taken must serve to prevent or mitigate the risk of the person’s moveable property being lost or damaged.

5.1 Possible actions

The following are some examples of ways that property can be protected:

1. Taking belongings to the person where they are;
2. Securing the premises by locking existing doors and windows;
3. Repairing damaged locks or arranging for additional ones;
4. Moving property from one area of the premises to a more secure one (for example placing exposed jewellery into a locked draw);
5. Removing property to another location (in line with local policy);
6. Arranging for a third party to take care of a pet (e.g. a neighbour or a charity).

5.2 Involving the person

Wherever possible, the person should be fully involved in conversations about the best way to protect their moveable property.

If the person has an Attorney or Deputy, they should be involved.

If the person does not have an Attorney or Deputy but lacks capacity to be involved (including if they are normally capacitous but temporarily incapacitated due to an illness/injury), you can consult with anyone that it would be in their best interests to involve. For example, a close family member, friend or advocate.

5.3 Considerations

The following are the things that should be considered:

1. The current level of risk of damage or loss to the property;
2. Whether the person is likely to be able to assume responsibility for protecting their own property in the future; or
3. Whether it is likely that another person may be able to make suitable arrangements to protect the property in the future;
4. What costs are likely to be incurred (and the implications of these in relation to Local Authority reimbursement);
5. How long the property is likely to require protection for (and whether the proposed method or protection is sustainable);
6. Whether the method of protection will have an impact on others (for example others living at the premises);
7. Whether local policy permits the proposed method of protection;
8. What available services there are to support the proposed method of protection;
9. Whether action other than the moving or removal of property is required (e.g. paying outstanding bills).

5.4 Making a decision

The Local Authority is responsible for deciding which steps it deems 'reasonably necessary' to protect the property (mitigate the risk of loss or damage).

In all cases, any views of the person (or a Deputy or Attorney) must be considered.

When the following applies, arrangements should be made in line with the wishes of the person (or a Deputy of Attorney):

1. The Local Authority agrees the arrangements to be ‘reasonably necessary’; and
2. It is practicably possible to make those arrangements; and
3. Where a cost will be incurred, the person (or individual with authority to manage their finances), is willing to meet those costs.

6. Additional Guidance for Pets

Pets are often regarded by people as family members, and the bond between a person and their pet should not be underestimated. If a person has a pet, they are likely to view the welfare of their pet as a high priority.
Being able to reassure the person that their pet is safe and cared for can:

1. Reduce anxiety;
2. Promote recovery; and
3. Give peace of mind.

If the Local Authority decides that the Section 47 requirement applies to a pet, it becomes temporarily responsible for the welfare of that pet until it is in the care of another person or organisation. Under the Animal Welfare Act 2006, this includes ensuring the needs of the animal are met and that any abuse or neglect is prevented.

Welfare includes:

1. Whether the pet is well, or requires medical attention;
2. Whether the pet takes any medication to manage a health condition;
3. Whether the pet is likely to be anxious;
4. Whether the pet has access to food, water and warmth; and

Whether the pet can enter and leave the person's home independently if it needs to.

If the person has a Care and Support Plan, always check this to see if temporary arrangements about caring for pets are included in any contingency plan.

Banned dogs

In the UK, it is against the law to own certain types of dog, these are the:

• Pit Bull Terrier;
• Japanese Tosa;
• Dogo Argentino;
• Fila Brasileiro.

XL Bully dogs are banned in England and Wales.

If you suspect a dog is of a breed that is banned, you should contact the local police or local council dog warden. You should also discuss with your line manager to consider the need for a risk assessment regarding the safety of visiting the property. Other professionals visiting the property should also be made aware.

For further guidance see: Controlling your dog in public.

7. Entering Premises and Protecting the Property

In meeting the Section 47 requirement, the Local Authority is permitted to enter any premises in which the person was living immediately before being placed into the care home or admitted to hospital.

7.1 Deciding who will enter

The Local Authority must nominate someone in their employ as their primary representative. For example, a social worker or a housing officer.

The primary representative should then identify another suitable person to accompany them and bear witness to the moving or removal of the person’s property. Depending on the circumstances, the second person could be:

1. Another Local Authority representative;
2. A health professional;
3. A care provider;
4. A family member, friend or neighbour;
5. An independent advocate;
6. A Deputy or Attorney; or
7. An Appointee.

Wherever possible, at least one of the people entering the premises should be familiar with the layout of the person’s home so that the property can be located easily.

If the person whose property is being protected has named a particular individual as someone who they do not wish to enter their home, that individual should not be involved.

If there is a dog or cat in the home, consideration should be given to involving someone who knows the animal and can pacify it should it become anxious or aggressive. If no such individual exists, it may be necessary to request support from the RSPCA or another animal welfare organisation.

7.2 Assessing risks

It is important to identify potential risks involved in entering the person's home in advance, to ensure that any practicable steps to mitigate such risk can be taken.

The table below sets out some of the risks that may be present, along with some of the steps that could be taken to mitigate them.

7.3 Letter of authority

The Local Authority must nominate someone as their primary representative and provide them with a formal letter of authority.

This letter must be written on Local Authority headed paper, signed and clearly set out:

1. The name of the primary representative;
2. The address of the premises they have authority to enter;
3. The legal basis upon which they have authority to enter.

The primary representative must then take the letter of authority with them and present it to anyone who questions or challenges why they are entering the premises.

7.4 Difficulty gaining access

It is important to consider in advance how safe entry to the premises will be gained as this will reduce the likelihood of difficulties occurring.

Possible entry routes could include:

1. Through an unsecured door;
2. With a key provided by the person or a family member;
3. Being met by someone with a key (or access to a key);
4. Through an open ground floor window (only if deemed safe to do so following a risk assessment).

If entry cannot be gained as anticipated, under no circumstances should you force entry or take unnecessary risk to your own safety, or that of another person. Neither should you enter the premises if there are signs of criminal activity (for example theft or vandalism). Instead, contact your line manager and seek their advice about the best course of action. This could include arranging a locksmith or notifying the police.

If the difficulty gaining entry arises because you are challenged by someone, show them the letter of authority. After presenting the letter of authority, if the individual prevents (or attempts to prevent) you from entering the premises, they are committing an offence and may be liable to a fine.

7.5 Protecting the property

Property should be protected in line with what has been agreed.

The privacy and dignity of the person must be upheld at all times. This includes only entering areas of the home and touching their belongings with consent (or where doing so cannot be avoided).

A full inventory should be made of each item moved or removed. This should include a description of the item, the original location, the new location and whether there appears to be any sign of damage. Both the Local Authority primary representative and the person accompanying them should be able to verify the inventory.

If property cannot be immediately taken to the agreed location, it should be stored securely in a Local Authority office.

If property is being taken to a secure location (for example, cash being taken to a bank), receipts should be obtained is possible.

Under no circumstances should you borrow or use money removed from the premises or take money or belongings home with you.

8. Ongoing Protection of the Property

The duty on the Local Authority to protect the moveable property ends when one of the following applies:

1. The person in question returns home;
2. The person (or someone acting on their behalf) makes alternative arrangements;
3. There is no further danger of loss or damage to the property.

Appropriate arrangements should be put in place to monitor if/when the duty ends.

9. Reimbursement of Costs

The Local Authority is legally entitled to seek reimbursement from the person for any costs incurred in the protection of their moveable property, regardless of whether they have capacity to consent to such costs.

Any reimbursement of costs should be sought in line with local processes.