Housing Matters
Where a person lacks capacity and there is no other suitable person to act on their behalf and the council believes that they must act in order to protect the moveable property of the person, the council will do so in the best interest of the person in accordance with section 4 of the Mental Capacity Act 2005.
The decision to enter a property for the purpose of section 47 of the Care Act 2014 must be recorded in a Best Interest Meeting, the Best Interest Meeting must be held with attendees who have knowledge of the person, their home and its contents including insurance of the property being protected.
Following the Best Interest meeting the relevant, social care manager will provide written authorisation to the council officer or practitioner entering the property so if requested it can be produced.
There may be occasions where the council may need to protect the property of a person in an emergency and in this instance a forced entry into the property may need to be arranged.