Under section 47 of the Care Act, the Local Authority is required to 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:

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
The person is unable (either permanently or temporarily) to protect or deal with the property; and
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:

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

Need to know

Section 47 does not apply when the person is in prison or an approved premises.

Need to know

The Section 47 requirement to protect property extends to a requirement to deal with associated affairs when the person is unable (either temporarily or permanently) to deal with them, and no suitable arrangements have been made or are being made for someone else to do so.

For example, utility bills, property rent or outstanding credit card payments.

Steps that could be reasonably necessary for the Local Authority to take may include supporting the person to pay an outstanding bill or liaising with a landlord or financial organisation to negotiate a new payment date.

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:

Any local circumstances in which the Local Authority will not protect a person's moveable property or belongings (only when there is no responsibility to do so);
Any particular items of moveable property or belongings that you are not permitted to make arrangements to protect (for example illegal substances);
The methods of protecting property that are available to you (and also any that you should not use);
The local partner organisations to support the function; and
The local position and process around reimbursement of costs from the person.

In Croydon, unless the need to protect property is urgent the Service User Financial Management Team (SUFMT) make all arrangements to protect moveable property and belongings.

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:

Pets;
Jewellery;
Money and credit/bank cards;
Pieces of valuable technology;
Important documentation (e.g. passport or an outstanding bill);
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.

Need to know

The existence of moveable property does not in itself mean that the Section 47 requirement to protect it exists. The duty only applies if you believe that if the Local Authority does not act, there is a risk of the property being lost or damaged. This would normally be the case when:

The property is not secure; and
The person is unable to protect or deal with the property themselves; and
No other suitable arrangements have been or are being made (for example by a family member, friend or neighbour).

In all cases, if you are unsure whether the Section 47 requirement applies, seek the advice of your line manager.

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. Written consent can include an authorised email or written statement, which can then be attached as evidence of consent to any paper consent form. Any written paper consent should be scanned on LAS.

Where relevant it is important that all of the following information is recorded on LAS:

The consent that has been provided (full consent, partial consent or refused consent);
Any rationale provided by the person for partial or refused consent;
How the consent was provided or refused (e.g. verbal or written); and
If verbal, the details of any witness to the consent;
Where consent is partial, the belongings and areas of the person's home where consent has been provided;
Where consent is partial or refused whether there are any concerns about damage or loss to the person's moveable property or belongings; and
If so, the action that has been (or will be) taken to raise concerns and mitigate the risk.

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.

If the person lacked capacity to consent

Where relevant it is important that all of the following information is recorded on LAS:

A Mental Capacity Assessment, setting out why the person lacks capacity to consent;
If an authorised Lasting Power of Attorney or Deputy exists, the Best Interests decision made by them; or
If not, the Best Interests decision made by you (the Local Authority);
If there are any concerns about a decision made by a LPA or Deputy; and
If so, the action that has been (or will be) taken to raise concerns and mitigate risk.

Need to know

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.
When seeking consent, the legal right of the Local Authority to seek reimbursement from the person for any costs it incurs, and the local policy on doing so should be explained.

Need to know

Sometimes, barriers to giving consent can arise if a person is worried that a judgement will be made about them based on their home environment. Make sure you are clear that the sole purpose of entry into their home is to protect their property and not to make an assessment about their needs or circumstances.

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.

Case Example

Peter has been admitted to hospital with a broken leg. You know that he has a large amount of money and jewellery in his home, and that this is not kept secure.

In the past, Peter has made several allegations about a neighbour pressurising him to borrow money that he has never returned, although on each occasion Peter has withdrawn the allegation.

Against the advice of others, Peter is known to have given the neighbour a key to his home.

You have serious concerns that the neighbour may steal the money and/or jewellery while Peter is away, but Peter is refusing to give consent for the Local Authority to make arrangements to protect it.

You discuss and record your concerns with your line manager to ascertain the level of risk and what action could be taken to either protect or mitigate any risk to Peter’s moveable property in the interim.

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 The Service User Financial Management Team

After obtaining consent, unless the need to protect property is urgent notification should be sent to the Service User Financial Management Team (SUFMT) who will then liaise with the person and make arrangements to protect the property in line with the remaining sections of this procedure.

If more urgent protection is required and your line manager is in agreement you should follow the remainder of this procedure to protect the property.

Any property or belongings removed from the person's home in an emergency should be given to the Service User Financial Management Team and a receipt obtained.

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.

Need to know

If the person has a Care and Support Plan, always check this to see if the arrangements for protecting moveable property (including pets) are included in any contingency plan.

5.3 Considerations

The following are the things that should be considered:

The current level of risk of damage or loss to the property;
Whether the person is likely to be able to assume responsibility for protecting their own property in the future; or
Whether it is likely that another person may be able to make suitable arrangements to protect the property in the future;
What costs are likely to be incurred (and the implications of these in relation to Local Authority reimbursement);
How long the property is likely to require protection for (and whether the proposed method or protection is sustainable);
Whether the method of protection will have an impact on others (for example others living at the premises);
Whether local policy permits the proposed method of protection;
What available services there are to support the proposed method of protection;
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):

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

Need to know

If there are costs incurred with the person's preferred option and they (or the individual that manages their finances) has declared that they are unwilling to reimburse the Local Authority, you should refer to local policy for further guidance.

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:

Reduce anxiety;
Promote recovery; and
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:

Whether the pet is well, or requires medical attention;
Whether the pet takes any medication to manage a health condition;
Whether the pet is likely to be anxious;
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.

Case Example

Zendaya has suddenly become unwell and has been taken by ambulance to her local hospital. The cause of her illness is currently unclear, but she has just been told by the ward staff that she is likely to be in hospital for at least 2 days to allow various tests to be carried out.

Zendaya lives alone and tells you she has 3 dogs at home. You ask Zendaya if there is anyone that she or you can contact to check on the dog’s welfare whilst she is away. She says there is nobody but that the dogs have not long been fed and will be fine until she gets back.

You ask Zendaya if she would consent to you arranging for someone to check on the dogs and make sure they are well and have food and water. She repeats that this is not necessary, and that they will be fine.

You discuss your concerns for the welfare of the dogs with your line manager and agree that a local animal charity should be contacted for advice. They agree to visit Zendaya in hospital and talk about the short term support they have available to help. Any action as a consequence needs to be monitored to ensure you are meeting the statutory responsibility.

Need to know

The Cinnamon Trust is a national charity that may be able to provide a short term fostering service for a person's pet when they are admitted to hospital or placed temporarily into a care home. They can also help with long term care of pets when a person is placed into permanent care.

The Cinnamon Trust can be contacted on 01736 757 900.

Also see: The Cinnamon Trust.

Need to know

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

For further information, see: RSPCA.

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:

Another Local Authority representative;
A health professional;
A care provider;
A family member, friend or neighbour;
An independent advocate;
A Deputy or Attorney; or
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.

Caption: Potential risks
Risk	Possible steps to mitigate
Aggressive animal inside premises.	Enter the person's home with somebody who knows the pet and is able to pacify them (e.g. a family member). Request support from the RSPCA or another animal welfare organisation.
Whether the breed of dog is a banned type.	Contact the police or local council dog warden for direction. Refer to local policy and procedures.
Risk from another person	Present the letter of authority if challenged. Lock the door when inside the premises. Arrange to enter the premises when the person posing a risk will not be there. Seek advice and support from the police.
Risks form the environment	Wear protective clothing e.g. gloves, shoe protectors or an apron. If lighting is poor, visit during daylight hours.
Risk of allegations against you	Follow procedures and ensure that you do not enter the premises alone. Make a record of every item moved or removed. Report any incidences or difficulties immediately and in line with local policy.

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:

The name of the primary representative;
The address of the premises they have authority to enter;
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:

Through an unsecured door;
With a key provided by the person or a family member;
Being met by someone with a key (or access to a key);
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).

Case Example

Joe has consented for the Local Authority to enter his bathroom to remove his watch and return it to him. Upon entering the premises, it becomes clear that the only way to access the bathroom is through Joe's bedroom. This makes entering the bedroom unavoidable.

You should make a full inventory of:

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

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

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

When verified both you and the second person should sign the inventory. The inventory should also be scanned on LAS.

Any property or belongings removed from the person's home should be given to the Service User Financial Management Team and a receipt obtained.

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

Dealing with affairs

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

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

For example:

There may a utility bill that requires payment; or
Property rental may need to be paid; or
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 notify the Service User Financial Management Team who will 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:

Using cash in the home to pay an outstanding bill;
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:

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

8. Ongoing Protection of the Property

The requirement to protect moveable property and belongings only applies for as long as:

The person remains placed in the care home by the Local Authority; or
The person remains in hospital; and
They remain unable (either temporarily or permanently) to protect or deal with their moveable property or belongings; and
There remain no other suitable arrangements for doing so.

If any of the above changes the Local Authority is:

No longer required to protect the person's moveable property and belongings; and should
Make arrangements to cease doing so.

It is the role of the Service User Financial Management Team to monitor the need for ongoing protection and make arrangements to return property to the person when they go home.

To support the Service User Financial Management Team you should notify them of any planned discharge dates in a timely way.

9. Reimbursement of Costs

The legal right of the Local Authority to seek reimbursement from the person for any costs it incurs, and the local policy on doing so should be explained:

When seeking consent for the Local Authority to protect property and belongings; and
When deciding the best way to do so.

It is important that you are familiar with, and have regard to any available local policy regarding the protection of moveable property and belongings, as this will set out:

The local position around reimbursement of costs; and
The process of seeking reimbursement; and
That action that should be taken if a person refuses to pay costs when a reimbursement request is made.

You should always refer to local policy for further guidance when:

There are costs incurred with a preferred protection method; and
A person with capacity has declared they are unwilling to reimburse the Local Authority; or
Where the person lacks capacity, somebody responsible for managing their finances has declared they are unwilling.

Last Updated: March 4, 2026

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