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Protection of Property

Quick guidance on protection of property for practitioners

Protection of Property

In line with the Care Act 2014 the council has a responsibility to ensure that reasonable steps are taken to prevent or mitigate the loss of or damage to moveable property. This includes securing the premises of an adult who will be away from their property, temporarily or permanently and where no other arrangements have been or are likely to be made.

Further information can be found in the protection of property guidance

If the person has capacity to consent, the council may enter the person’s property at a reasonable time with prior notice to protect moveable property.

If a person lacks capacity to give consent to the council to protect moveable property or anything that is at risk of loss or damage, the council should in the first instance always seek to establish whether the person has family or friends who could support the person to make suitable arrangements and act on their behalf to protect their property while they are away from home.

Where there is no other suitable person to make arrangements to protect moveable property the council or responsible officer/practitioner must seek consent from a person authorised under the Mental Capacity Act 2005 to give consent on the persons behalf, this might be:

  • A lasting power of attorney
  • Court appointed deputy
  • The court of protection
Last updated: 25 May 2023