4.1.13 Protection of Property, Personal Belongings and Pet Management

1. Summary

Bury Council (the council) has a duty under Section 47 of the Care Act 2014 to take reasonable steps to prevent or mitigate the loss of, or damage to, a person’s moveable property when they are being cared for away from home and cannot protect it themselves, or when they have passed away and a public health funeral is being arranged.

This duty includes safeguarding tangible items and ensuring the welfare of domestic pets while the person is absent.

The Council acts in the adult’s best interests and will take all reasonable precautions; however, the Council cannot accept liability for accidental loss or damage to items while in its possession, provided actions taken were reasonable and lawful.

Where an individual has the capacity to consent to the movement of their personal property, staff must obtain explicit consent prior to any action being taken. The individual should be informed of any associated risks and, confirm their acceptance of these risks.

2. Principles

• Adults remain responsible for their personal belongings and pets wherever possible.
• The Council will act proportionately and only where necessary and in accordance with s47 Care Act 2014. .
• Decisions will be person-centred and made in the individual’s best interests where capacity is lacking.
• Animal welfare will be safeguarded at all times.

The council will act only where all of the following conditions apply:

• The adult is away from home temporarily (e.g., hospital, care home, Shared Lives), or the adult has died and a public health funeral is being arranged.
• The adult is “unable (whether permanently or temporarily) to protect or deal with the property, and no suitable arrangements have been or are being made.
• There is a risk of loss or damage if the council does not act.

If any of these conditions are not met, the council is not legally required to act but will support the adult and others to promote wellbeing.

• Where a family member, representative, or LPA can act, the duty does not apply unless they are unavailable or assessed as unsuitable.
•  “Unable” refers to lack of capacity or physical ability; “will not” indicates refusal, which does not create a statutory duty (though the Council may still support wellbeing).

If these conditions are not met, the Council is not legally required to act but may still offer advice or limited support.

3. Purpose

This policy sets out how Bury Council Adult Social Care will protect and manage an adult’s person’s property, belongings and domestic pets during periods when their home is unoccupied due to hospital admission or temporary care, and no suitable person is available to make arrangements.

Possible actions include:

• securing the premises;
• securing items within the home;
• removing and storing essential items;
• arranging care for domestic pets.

Adults remain responsible for their belongings and pets wherever possible.  Adult Social Care will act only where arrangements cannot be made, doing so proportionately and in the person’s best interest.  The person remains financially responsible for costs incurred, the Council is entitled to seek to recover reasonable expenses.

3.1 Scope

This policy applies to Adult Social Care services only and does not apply to Children’s Services. It covers situations where the Council has duties under the Care Act 2014 and related legislation.

4. Pre-emptive Work

Where possible, the council will support individuals to make pre‑emptive arrangements (e.g., with family or friends) and will consider their suitability.

5. Legislative Framework

This policy is informed by:

• The Care Act (Section 47)
• The Mental Capacity Act
• The Animal Welfare Act
• Data Protection Act and UK GDPR

Section 47 of the Care Act 2014 allows the council to enter a person’s home at reasonable times and with reasonable notice, and to take necessary action to prevent loss or damage to moveable property.

The availability of support from family members should be considered as part of the assessment and care planning process. However, the local authority’s statutory duties under the Care Act remain and must be considered on the facts of each case.

6. Exclusions

The Council has a statutory duty to act; however, there may be circumstances where support is reasonably expected alongside the Council’s ongoing statutory responsibilities.

• suitable family support;

• a nominated or appointed representative;
• a legal representative (e.g., Deputy or LPA for Property & Financial Affairs);
• The Council may still act temporarily in urgent situations (e.g., family/LPA lives far away but will attend later), but it is not obligated to store belongings long-term.

This policy does not extend to individuals who are imprisoned.

7. Pre Admission and Contingency Planning

During assessments and reviews, the Assessor should discuss arrangements for personal belongings and pets. Where an adult owns pets, staff must record a contingency plan identifying who will care for the pet in an emergency.

8. Exercising the Duty

The Council will exercise its duty to protect an adult’s property in accordance with Section 47 of the Care Act 2014, where:

• the Council is arranging or has arranged care and support for an adult; and
• the adult is unable to protect or deal with their property and affairs; and
• no other suitable person is available or willing to make arrangements to protect the property.

In exercising this duty, the Council will, wherever practicable:

• seek the consent of the adult where they have capacity to provide it; or
• obtain agreement from a legally authorised representative where one exists; or
• act in the adult’s best interests in line with the Mental Capacity Act 2005 where the adult lacks capacity.

Referrals to the Council may be made by individuals or partner agencies. The Council’s responsibility under Section 47 commences when the above legal criteria are met.

The Council will continue to exercise this duty until such time as:

• suitable alternative arrangements are in place to protect the property; or
• responsibility has been assumed by the individual, their representative, or another appropriate party; or
• the need to protect the property no longer exists.

9. Moveable Property

The council will prioritise securing the premises. If risks remain, items may be removed, stored, or passed to the adult.

Examples include:

• cash;
• jewellery;
• important documents (e.g., wills, deeds, LPAs);
• medication;
• mobile phones, tablets, small laptops.

Additional items may be removed if required by insurers, if more cost‑effective, or if the adult has no fixed abode.

Any items removed from the property or passed back to the adult must be fully documented, including detailed descriptions and quantities, and this record must be saved on the Council’s case management system. Where items are stored in the Council’s safe, regular audits will be conducted to ensure accuracy, accountability, and compliance with audit requirements.

Pets and livestock are considered under Section 15, Domestic Pets.

The Council can only protect items it is aware of. Hidden or undisclosed items (e.g., documents in a safe) cannot be safeguarded unless identified.

10. Securing the Premises

Actions may include:

• completing an inventory;
• safeguarding utilities;
• securing the property (including changing locks if necessary).

The council may notify the police that the property is vacant and is being protected.

Costs may be recharged unless inappropriate.

11. Consent

If the adult has capacity, consent is required.

If they lack capacity, a person with MCA authority must consent. Where none exists, a best interests decision will be recorded in accordance with the Mental Capacity Act 2005.

All decisions must be clearly recorded, including consultation with family, advocates or other relevant parties.

12. When the Mental Capacity Act Applies

The adult will be involved in decisions wherever possible.

Where capacity is in doubt, an assessment must be completed and recorded in line with legislation and local procedures.

13. Charges

The Council will recover reasonable costs (e.g., transport, storage, securing property, arranging pet care, maintenance).  Emergency costs may be met initially, but must be reviewed and authorised in line with Adult Social Care procedures.

Charges will not apply for:

• the first seven days after an unplanned emergency where consultation was not possible; or
• situations lasting fewer than seven days.

Where financial capacity is uncertain, a capacity assessment must be undertaken.

Exceptional discretionary waivers may be considered.

14. Insurance

Council responsibilities:

• Will not fund home insurance under any circumstances.
• Will notify the insurer, when the Council is made aware that a policy exists, that the property is unoccupied, in line with the policyholder’s obligations.
• Will encourage the adult or their authorised representative to obtain appropriate insurance if no cover is in place.
• Will take action in the adult’s best interests, in accordance with the Mental Capacity Act, where the adult lacks capacity to arrange insurance themselves.

15. Domestic Pets

Pets remain the responsibility of their owner wherever possible. Staff must first explore whether family, friends, neighbours, or community organisations can provide care before any Council-arranged intervention.

Where no alternative arrangements can be made and the adult lacks capacity or is unable to act, staff may arrange short-term emergency care such as kennels, catteries, or support from animal welfare charities, subject to manager approval.

If concerns arise regarding the welfare of a pet, staff must seek advice and make referrals to appropriate agencies such as the RSPCA. Animal welfare must remain a priority at all times.

The Council does not provide long-term pet boarding. Where it becomes clear that an adult themselves cannot resume care, staff must work with the adults themselves, family members, etc, or recognised animal charities to explore permanent arrangements or re‑homing.

The Council will:

• consider the adult’s wishes;
• explore family/friend support;
• seek emergency cover if needed;

• where no support exists, the Council must arrange appropriate pet care, including with charities;
• indoor pets (e.g., fish, reptiles, indoor cats) may remain at home for short periods if safe, but documented decisions are required.

A record must consider:

• pet welfare;
• capacity issues;
• risks;
• professional judgement.

The responsible worker (usually the Social Worker) holds responsibility for ensuring arrangements are made.

16. Mental Health Act 1983 Code of Practice

If detained under the Mental Health Act, the Approved Mental Health Professional (AMHP) must arrange pet care.

Where relevant, AMHPs should ensure that practical arrangements are made for the care of any pets and for the local authority to carry out its other duties under the Care Act 2014 to secure the patient’s home and protect their property.

17. Continued Protection

Periodic visits may be made to the property while it remains vacant.
Further measures (e.g., boarding up, garden maintenance) may be arranged if the premises are particularly vulnerable.  All visits must be undertaken by two staff members.

18. Return of Property

When the adult returns home, all stored items will be returned and the Council’s duty will end. Returned items must be:

• signed for by the adult or their authorised representative, confirming receipt; and
• recorded on the Council’s case management system, including the date, time, and name of the officer completing the handover.

19. Death of the Adult

If the adult dies, responsibility transfers to the executor or personal representative.

Items held may be retained for up to six months, after which they may be disposed of if unclaimed.

Where the death results in a public health funeral:

• the Council will continue safeguarding property until a lawful representative is identified;
• reasonable steps will be taken to locate and contact the personal representative;
• items or keys may be retained for up to six months before disposal.

The Council is not responsible for the long‑term management of the estate.

20. Unclaimed Items after Six Months

If no executor, administrator, or next of kin is identified within six months, the council may dispose of unclaimed property in accordance with its procedures.

Disposal Procedure

• Dispose of the items – Items may be sold, recycled, or otherwise removed in accordance with legal and council requirements.
• Record and audit the disposal –An inventory, valuation, and disposal method will be documented for transparency.
• Apply proceeds to costs – Any proceeds from sales will be used to offset storage, protection, or funeral costs. Remaining funds become part of the deceased’s estate and may ultimately pass to the Treasury Solicitor (Bona Vacantia).
• Destroy or recycle items with no value – Items with no financial or estate value may be recycled or destroyed.

21. Record Keeping and Review

All actions, decisions, costs, and reviews relating to personal belongings and pets must be fully recorded on the Council’s case management system and reviewed regularly by managers or allocated worker.