Protection of Property and Pets

Section 47 of the Care Act sets out the requirement (duty) of the Local Authority to take steps to mitigate or prevent loss to a person's movable property or belongings (including pets) whenever:

1. They have been placed into a care home by the Local Authority; or
2. They have been admitted to hospital; and
3. They are unable (either temporarily or permanently) to protect or deal with their moveable property or belongings (including pets); and
4. No suitable arrangements have been made or are being made for someone else to do so.

In carrying out 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 or belongings (including pets) in any way that it deems 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, a person legally authorised to give consent has done so; or
5. Where there is no legally appointed person, the Local Authority has deemed it in their Best Interests.

Note: This duty lasts until the adult in question returns home or makes their own arrangements for the protection of property or until there is no other danger of loss or damage to property; whichever happens first.

If the Local Authority decides that the Section 47 responsibility of the Care Act applies to a pet, they become:

1. Temporarily responsible for ensuring that the needs of that pet are met; until
2. The pet is in the care of another person or organisation.

Under the Animal Welfare Act 2006, there is a duty upon any person responsible for an animal to:

1. Ensure they meet the needs of that animal; and
2. Prevent any abuse or neglect of that animal; and
3. It is a criminal offence should they fail to do so.

To meet the requirements of the Animal Welfare Act 2006, the following must be considered when deciding how best to protect the pet:

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

Pets are often regarded by people as family members, and the bond between a person and their pet should not be underestimated. Therefore 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.

Signpost the person to the information on the Redcar & Cleveland Council website page ‘Looking after your property and pets if you are in hospital or residential Care’.

If it is more accessible to provide the person with a paper guide, this can be downloaded from the same webpage.

However the above information is provided, you should take steps to ensure that the person understands it before moving on to step 2.

Ask the person if they have property or belongings that may not be adequately protected. They will need to consider if:

1. They have home and contents insurance;
2. Their property is locked and secure;
3. There is a pet in the property;
4. They believe that their valuables are at risk of loss or damage.

You may already be aware of property or belongings that the person has, in which case you should specifically ask the person about them.  For example:

1. You may know it from previous visits to the home;
2. A family member, friend or neighbour may tell you, particularly if they are concerned about e.g. large amounts of money in the home;
3. Another professional or a care agency may tell you, based upon their own visits to the home.

If the outcome of step 2 is that the person does not deem any property or belongings (including pets) to be at risk, no further action is needed by the local authority.

If at-risk property or belongings (including pets) has been identified, you should proceed to step 3.

Ask the person if there is anything that they can do to protect the property or belongings (including pets). They may be able to contact a neighbour, family member, friend or organisation that they can instruct to take actions on their behalf.

If the person is able to do this (either independently or with your support) there is no further action needed once satisfied that the property and belongings (including pets) have been appropriately protected.

If the person is unable to take the required action themselves, or only some elements of their property or belongings can be protected, you should proceed to step 4.

Before taking any action to protect property or belongings (including pets) you must obtain consent to do so.

The consent form should set out:

1. The property or belongings (including pets) that are to be protected by the Local Authority;
2. The way they are to be protected (as agreed with the person);
3. Anything the person has not consented to (for example, the person may only consent for the Local Authority to enter certain parts of their home).

Office hours

During normal office hours, the Property and Finacial Affairs Team will take steps to protect the person’s property and belongings (including pets) in line with the information on the consent form or in further consultation with the person.

They should be contacted using 01642 771644.

Out of hours

This step should only be completed if property or belongings needs to be protected urgently outside of normal office hours.  For example, if there is a pet that needs attention, there is a risk of fire or valuables are on display.

If the action requires you to enter the person’s property, you must:

1. Carry a signed letter of authorisation. This must be signed by your team leader;
2. Carry the consent form signed by the person; and
3. Be accompanied by another member of staff (this may be a Local Authority colleague but depending on the specific circumstances could be a health colleague or member of the police if more appropriate).

Note: Where required, team leaders can find guidance about writing a letter of authorisation in section 6, below.

After visiting the property, scan the consent form and letter of authorisation and save them to the person's record on Casebook. Then destroy the originals. This is to ensure the documents cannot be copied or misused in any way.

The next working morning you must contact the Property and Financial Affairs Team on 01642 771644 to brief them on the urgent actions taken so they can assume ongoing responsibility for any further actions needed.

Establish if there is an individual or organisation authorised under the Mental Capacity Act 2005 to make decisions about their property and belongings.

This might be:

1. The Donee of a Lasting Power of Attorney;
2. A Deputy appointed by the Court of Protection;
3. The Court of Protection itself.

Legal representative

If there is a legal representative that is not the Council, consult with that individual in the same manner as you would have consulted with the person had they had capacity:

1. Signpost them to the information on the Redcar & Cleveland Council website page 'Looking after your property and pets if you are in hospital or residential Care'. If it is more accessible to provide the person with a paper guide, this can be downloaded from the same webpage;
2. Ask them if the person has any property or belongings that may not be adequately protected;
3. Ask them if there is anything that they can do to protect the property or belongings (including pets).

If the person's legal representative can take appropriate steps to protect the property or belongings (including pets) there is no further action needed once satisfied that the property and belongings have been appropriately protected.

If the person's legal representative is unable to take the required action themselves, or only some elements of their property or belongings can be protected, you should proceed to step 3.

No legal representative

If there is no one appointed (or available) to make a decision about the protection of the person's property and belongings (including pets) the Local Authority will need to make a decision about how best to protect them by applying the Best Interests Principle of the Mental Capacity Act 2005.

For guidance, see The Mental Capacity Act 2005 Resource and Practice Toolkit.

If a decision is made to take steps to protect the person's moveable property and belongings this should be done in the manner set out in step 4 below.

This step applies if the person’s legal representative is not the Council, and the legal representative is unable to make any (or all), or the arrangements needed to protect the person’s property and belongings (including pets).

Before taking any action to protect property or belongings (including pets) you must obtain consent from the person’s legal representative to do so.

The consent form should set out:

1. The property or belongings (including pets) that are to be protected by the Local Authority; and
2. The way they are to be protected (as agreed with the person’s legal representative and taking into account the wishes and feelings of the person).

Office hours

During normal office hours, the Property and Finacial Affairs Team will take steps to protect the person's property and belongings (including pets) in line with the information on the consent form or in further consultation with the person's legal representative.

They should be contacted using 01642 771644.

Out of hours

This step should only be completed if property or belongings needs to be protected urgently outside of normal office hours. For example, if there is a pet that needs attention, there is a risk of fire or valuables are on display.

If the action requires you to enter the person's property, you must:

1. Carry a signed letter of authorisation. This must be signed by your team leader;
2. Carry the consent form signed by the person; and
3. Be accompanied by another member of staff (this may be a Local Authority colleague but depending on the specific circumstances could be a health colleague or member of the police if more appropriate).

Note: Where required, team leaders can find guidance about writing a letter of authorisation in section 6, below.

After visiting the property, scan the consent form and letter of authorisation and save them to the person’s record on Casebook. Then destroy the originals. This is to ensure the documents cannot be copied or misused in any way.

The next working morning you must contact the Property and Financial Affairs Team on 01642 771644 to brief them on the urgent actions taken so they can assume ongoing responsibility for any further actions needed.

Two people should always enter the person's home, in order to bear witness to the moving or removal of the person's moveable property or belongings by the other.

Wherever possible at least one of the people involved should:

1. Be familiar with the layout of the person's home; so as to
2. Locate the moveable property or belongings easily.

The primary Local Authority Representative

One of the people entering the person's home must be nominated by the Local Authority as their primary representative. When nominated this person must be provided with a formal letter of authority (see below).

The second person

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 Lasting Power of Attorney; or
7. An Appointee.

The Local Authority must provide a formal letter of authority to its primary representative before they enter the person's home.

The person providing the letter must be satisfied that:

1. The duty to protect moveable property and belongings of the person applies; and
2. Appropriate consent to enter the person's home and protect their belongings has been provided (or a Best Interests decision made this effect).

The letter of authority should:

1. Be written on Local Authority headed paper;
2. Set out the name of the primary Local Authority representative;
3. Set out the legal authority they have to enter the person's home; and
4. Be signed by a person who has the authority to do so.

The draft letter content below can be inserted into your Local Authority letter template and personalised for this purpose if required.

The primary Local Authority representative must then:

1. Take the letter with them to the person's home; and
2. Produce it to any other person who requests to see it, or questions why they are entering the property.

It is important to consider how access to the person's home can be gained in advance, so as to identify and mitigate potential risks and complications.

Entry could be:

1. Through an unsecured door;
2. With a key provided by the person, a family member or friend;
3. A family member, friend or neighbour could facilitate entry;
4. A care agency could facilitate entry;
5. Through an open ground floor window, only if deemed safe to do so following a risk assessment.

If it is clear that you are not going to be able to gain access easily you should:

1. Arrange a Local Authority approved locksmith to gain entry; and
2. Upon their arrival show them your letter of authority; and
3. Make sure that after gaining entry they take steps to ensure the property can be secured when you leave.

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.

If entry to the person's home is required to protect their moveable property and belongings you should enter the property in line with what has been agreed. This means:

1. Entering with a second person;
2. Entering in a manner agreed;
3. Entering safely, having regard for any risk assessment carried out.

If you experience difficulty entering the property you should:

1. Not enter the property; until
2. You have sought advice of a line manager; and
3. Steps have been agreed to enter the property safely.

Under no circumstances should you force entry to the person's property or take unnecessary risks to your own safety, or that of another person.

Challenges and prevention

If you are challenged in any way you must be able to show the letter of authority given to you by the Local Authority. With this, any person preventing, or attempting to prevent you from entering the property or from moving/removing items is committing an offence and may be liable to a fine.

Signs of criminal activity

If, upon entering the person's home there are signs of criminal activity (for example theft or vandalism) you should:

1. Not move or remove any items; and
2. Contact the police to report the activity and support them in identifying items that may have been unlawfully removed.

When protecting property and belongings this should be done in line with what has been agreed.

The privacy and dignity of the person must be upheld at all times, meaning you should:

1. Only enter areas of their home that they have consented for you to enter; and
2. Only enter other areas of their home when it cannot be avoided; and
3. Only touch belongings that the person has consented for you to protect; and
4. Only touch other items when it cannot be avoided.

You should make a full inventory of:

1. Each item moved within the home; or
2. Each item removed from the home.

The second person should be able to verify the inventory, which should include:

1. The original location of each ; and
2. The new location of item; and
3. Whether there appears to be any damage to the item.

Where items are to be taken to a secure location you should arrange to do so at the same time as you remove them, wherever this is possible. For example, if cash is being taken to a bank. Receipts for items left at any secure locations should be obtained.

The Section 47 requirement to protect property extends to a requirement to deal with associated affairs when:

1. The person is unable (either temporarily or permanently) to deal with them; and
2. No suitable arrangements have been made or are being made for someone else to do so.

For example:

1. There may a utility bill that requires payment; or
2. Property rental may need to be paid; or
3. A credit card balance is due.

If there is no suitable person to carry out these tasks, for example an Appointee you will need to consider what action it would be 'reasonably necessary' for the Local Authority to take so as to mitigate or prevent loss or damage.

Examples could be:

1. Using cash in the home to pay an outstanding bill;
2. Liaising with a landlord to negotiate a new payment date.

Where it is likely that the person will be unable to deal with their affairs for some time you should consider any need to:

1. Apply for Corporate Appointeeship; or
2. Apply to the Court of Protection for Deputyship.

We do not have any contract with any of the services above, but they have agreed to work with us wherever possible.

Cinnamon Trust

The Cinnamon Trust is a national charity that may be able to provide:

1. A short-term fostering service for a person's pet when they are admitted to hospital or placed temporarily into a care home; or
2. Long-term care of pets when a person is placed into permanent care.

The Cinnamon Trust can be contacted on 01736 757 900.

RSPCA

The RSPCA is a national charity able to offer information and advice about animal welfare matters through their online virtual assistant. This includes information about local services that may be able to support an animal in need.

This can be accessed at their website: www.rspca.org.uk/home.