The Care Act 2014
places a statutory duty on local authorities to protect the
property of adults with care and support needs who are unable to do
so for themselves.
To ensure ESCC provides appropriate support to
clients where protection of property duties are identified.
To ensure that support provided meets the
requirements of the Care Act.
To ensure protection of property interventions
are proportionate and that costs to ESCC and the person are
minimal.
ESCC must take all reasonable steps to protect
the moveable property of an adult with care and support needs in
the following circumstances:
·
The adult is being cared for away from home, ie. in hospital or
accommodation such as a care home.
·
The adult cannot arrange to protect their property themselves, and
there is no other individual who can assist them ie. a Deputy,
Appointee, family, friend or neighbour.
Property includes furniture, private possessions and pets.
·
ESCC believes that if we do not take action there is a risk of the
adult’s moveable property being lost or damaged.
Where a person has family support or formal
support with a Lasting/Enduring Power of Attorney or Deputy there
is no statutory duty for local authorities to assist.
The adult must consent to protection of
property intervention, where they are able. If they lack
capacity, a person with the authority to act for them, under the
Mental Capacity Act 2005, must give their consent.
Where the client is not able to consent and no
one has authority to do so on their behalf, ESCC must, under
Section 4 of the Mental Capacity Act 2005, act in the
person’s best interests.
In such cases, a detailed recording of the
client’s lack of capacity to make decisions or issue
instructions about the protection of their property will be made,
and a record of the best interest decision kept on their file.
If a person does not wish us to intervene,
mental capacity will be considered, and the best interests of the
person, property or any animal living in the property will be taken
into account when considering what actions we may or may not
take.
Local authorities can recover reasonable costs
incurred in protecting property under the Care Act duty.
ESCC will recharge clients for the cost of
actions taken on their behalf.
ESCC will make the person aware, before any
action is agreed, that costs will be recharged to them. An
estimate of the cost of works can be provided, should this be
required.
The person will be required to sign a form of
authorisation agreeing to our assistance and to repaying costs.
ESCC will send invoices to the client where
they are to be recharged.
If it appears the client may not have capacity
to manage their own finances, a Mental Capacity Assessment will be
completed to determine this. Where the adult has no family or
network to act for them, a referral will be made for ESCC to become
the client’s Appointee or Deputy.
A waiver of charges will be considered in
exceptional circumstances for a period of 28 days ie. where the
client is formally assessed not to have capacity to make a decision
in respect of their property or possessions at the time assistance
is required. Any waiver will be agreed on a case-by-case
basis by the Operations Manager of ASC Financial Services and the
Operations Manager of the referring service.
The maximum period for any waiver agreed will
be 28 days. By the end of this period a decision will be made
with the person, or a best interests decision made, as to the
long-term actions regarding their property and possessions.
Securing the property
An assessment will be completed to determine
what steps need to be taken to minimise the risk of theft, loss or
damage to the property.
The client’s social worker will inform
the client of the arrangements being made to protect their
property, and request they sign the form of authorisation.
Any specific instructions given by the person
regarding their property will be recorded by their social worker
and passed to the Protection of Property Team.
Where keys are collected from the client,
receipt of the keys and the location of their storage will be
recorded.
Where a visit to the adult’s property is
required, the first visit will be undertaken by two members of
staff. This will usually be the Protection of Property
Officer and the client’s social worker.
Removing items from the property
Two members of staff will always be present
where belongings are to be removed from the property.
ESCC will seek specific instructions from the
person, or where they lack capacity the worker responsible for the
person’s care, before any valuables are removed from the
property. Where a decision is made in the person’s best
interests, an assessment of their capacity regarding the decision
and the best interest decision will be recorded by the
worker.
An inventory will be made of any items removed
from the property
ESCC will arrange secure storage for any
valuable items.
If cash is recovered, all notes and coins will
be counted and verified on site and entered onto the inventory
sheet. If the client wishes to keep an amount of cash in
hospital or care accommodation, appropriate arrangements will be
made. A receipt will be requested for any monies handed to
the person. Alternatively, attempts will be made to
locate the person’s bank records so that the cash can be paid
into the appropriate account.
ESCC will record all actions taken, and record
information regarding the person’s belongings eg.
inventories, photographs etc.
ESCC will write to the person, and confirm the
actions taken to remove and store their belongings and that they
will be charged for this where a cost is incurred.
A receipt will be requested for items that are
returned to the person, or to the hospital or care home, for
safekeeping.
Protection of property interventions will be
short term to ensure that costs to ESCC and the person are
minimal.
The practitioner will liaise with the client
regularly – and no later than 28 days after protection of
property assistance is first provided – to establish whether
the client can take over responsibility for their possessions, or
to explore other options for safeguarding their property ie.
disposal.
Where a client does not have capacity and
another person is identified as applying for the legal authority to
act for the client, contact will be made at the earliest
opportunity with that person with a view to a decision being made
for protecting the person’s property during the application
process.
Where another person becomes an Appointee or
Deputy for the client, ESCC will let that person know of any
ongoing intervention and that costs are being recharged to the
client so that the Appointee / Deputy can consider if they wish to
take over protection of the property.
Where a referral is made for ESCC to become
Appointee or Deputy for the client, protection of property
intervention will continue until Deputyship is awarded and
appropriate actions can be taken in respect of the client’s
belongings.
Protection of property intervention will be
reviewed at regular intervals to ensure cases do not continue for
extended periods of time.
When the person returns to their property,
ESCC will make arrangements to return to the person any items
removed for safekeeping.
ESCC will make all necessary arrangements to
make the property habitable, including reconnection of services and
arranging for a deep clean.
Where it is confirmed that the care will
continue for an extended period or the person is unlikely to return
home, ESCC will consult the client, or their representative,
regarding the long-term securing of their property and the costs
incurred with a view to transferring this responsibility to
them.
ESCC will only retain responsibility for
ensuring the person’s property is secure under exceptional
circumstances.
Where the person is unable to make
arrangements regarding their property, and there is no other
individual who can assist them, ESCC will seek authorisation to
dispose of their property, or terminate their tenancy, on their
behalf.
The council’s responsibilities under
Section 47 of the Care Act to protect a client’s property
cease on the death of the person.
On the death of a client, ESCC will make
appropriate arrangements with the person’s executors or
representatives for the disposal of their property.
Care Act 2014
Mental Capacity Act 2005
