Flooding update - (Tuesday 19th November) Malvern and Upton Household Recycling Centres will be closed on Wednesday 20th November 2019

Protecting your property

If you need to go into hospital or a care home, or you're made the subject of a Place of Safety Order, you may need someone to help secure your property and belongings.

We can help to protect your property and belongings (including pets) if it's clear that they're at risk or in danger, and that no other person is able to act on your behalf.

To do this we'd take similar steps to the ones that you'd take when you go away on holiday.

Statutory duty of the local authority

Section 47 of the Care Act 2014 places a duty on the Local Authority to protect a person's property when

  • the person has needs for care and support which are met through the provision of accommodation, or if admitted to hospital, and
  • there is a danger of loss or damage to property because of the person's inability to protect or deal with the this themselves and that no suitable alternative arrangements have been made

With the person's consent, or if they cannot consent, acting in their best interests according to the Mental Capacity Act 2005, the council can enter any premises which the person lived in before moving into hospital or a care home, and to deal with any property belonging to that person to prevent its loss or damage.

The council can recover any reasonable expenses incurred when doing this.

The council's duty to protect property only applies during the lifetime of the person.