Protection of Property Policy

As a council, we have a duty under section 47 of the Care Act 2014 to protect property of adults with care and support needs being cared for away from home when the individual is unable to do it themselves or make the necessary arrangements. This responsibility extends to all property including pets. This duty is the responsibility of Adult Social Care.

In these circumstances, we will take reasonable steps to prevent or mitigate the loss of damage to property, where it is considered there is a danger of loss or damage to the moveable property of an adult in Dorset Council’s area.

How we protect an individual’s property will depend on that individual’s circumstances. The following are examples of the actions we might take in certain situations:

• ensuring that the doors and windows of a property are locked and secured
• arranging secure storage for items in a shared property that may be at risk of being damaged or stolen
• making a list of any items removed and arranging storage at a secure location, e.g. within a Dorset Council safe
• making arrangements to change locks where another individual has access to the property and there is a risk of unauthorised access resulting in damage or theft
• finding suitable arrangements for the care of any pets. If no local alternative can be found this may include approaching animal welfare charities or placement in licenced boarding accommodation, recovering any reasonable expenses for any action taken

In the first instance, it should be established whether the individual is able to protect their property themselves or make the necessary arrangements. In circumstances where they lack capacity to consent to the protection of property, any appointed deputy or attorney should be consulted. If they are unable to protect the property, or if there is no individual appointed, the local authority should consider whether the circumstances in section 47 Care Act 2014 are met, and whether there is a duty to act to protect property.

Before taking any action, the local authority should obtain the consent of the individual. If the individual lacks capacity to make decision regarding their property, consent should be sought from any individual authorised under Mental Capacity Act 2005 to provide consent on the individual’s behalf. Where no individual is authorised, the local authority may only act where it is satisfied that exercising the power would be in the individual’s best interests in accordance with section 4 Mental Capacity Act 2005.

The protection of property duty lasts until the individual in question returns home, or makes their own arrangements for the protection of their property, or dies, or until there is no other danger of loss or damage to property – whichever happens first.

We have the power to recover from an individual any reasonable costs that are incurred, either as a one-off activity or ongoing costs, in protecting property under this duty. We will look to initiate the process to recover cost(s) via the individual or their appointed representative or deputy.  

The council are dedicated to protecting your privacy when using our services. For advice about how we use your personal information and protect your privacy please see the council’s website: Data Protection Guide - Dorset Council.

We believe in continuously improving our services, so if you have a comment, compliment or a complaint we would like you to tell us. Anyone who is dissatisfied with the council’s services, or a council decision, or believes that they have been treated unfairly, has the right to make a complaint. If the person remains dissatisfied, they may refer to the Local Government and Social Care Ombudsman.

For more information on the duty of protecting property see Section 47 of the Care Act 2014 and chapter 10 of the Care and Support Statutory Guidance issued under the Care Act 2014:

• The Care Act 2014
• Mental Capacity Act 2005
• Care and support statutory guidance

This policy was last reviewed in 2025. 

The next expected review date is 2027, or earlier if underpinning legislation changes.