CQC Quality Statements
Theme 3 – How the local authority ensures safety in the system: Safe systems, pathways and transitions
We statement
We work with people and our partners to establish and maintain safe systems of care, in which safety is managed, monitored and assured. We ensure continuity of care, including when people move between services.
What people expect
When I move between services, settings or areas, there is a plan for what happens next and who will do what, and all the practical arrangements are in place.
I feel safe and supported to understand and manage any risks.
CONTENTS
1. Introduction
The Care Act 2014 places a duty on local authorities to prevent or mitigate loss or damage to the moveable property of adults who are admitted to a hospital or to a residential care home, and are unable to protect it or deal with it themselves. This duty applies to any tangible, physical moveable property belonging to the adult in question, including pets. The Act also provides that any person who obstructs the local authority’s exercise of this duty is liable on summary conviction to pay a fine, and provides a defence of reasonable excuse.
Local authorities are able to recover from the adult any reasonable expenses incurred in protecting their property.
There is no duty to provide protection a during planned hospital admission or when the adult is in prison or an approved premises.
Protecting property may include arranging for pets to be looked after when securing premises for someone who is having their care and support needs provided away from home in a care home or hospital, and who has not been able to make other arrangements for the care of their home or pets.
In order to protect movable property in these circumstances the local authority may enter the property, at reasonable times, with the adult’s consent.
2. When the Duty comes into Effect
The duty comes into effect when:
- an adult with care and support needs experiences an unplanned admission to hospital or residential/respite care; and
- because of the nature of the admission, they have been unable to make suitable arrangements for the protection of their property or the care of their pets; and
- consent is obtained.
3. Consent
If the adult is able, consent should be sought prior to taking any steps. If the adult lacks capacity to consent, the duty to safeguard property falls to any deputy, attorney or close family member provided that they are willing and able to do this. If they are not willing or able, their consent should be sought for a local authority worker to take reasonable steps to protect the person’s property. If the person has mental capacity to consent but withholds it, any risks must be explained, but their wishes should be respected. The worker must record the fact that the risks to property were explained and that consent to safeguard was not given. If the adult cannot give consent and there is no deputy or attorney, the local authority must be able to demonstrate that it is in the person’s best interest that action be taken.
4. Role of the Local Authority
The worker appointed to safeguard the property and pets of someone experiencing an unplanned admission should attend the property as soon as possible, preferably with a second person. The workers must assess the risk to the adult’s property and take the least intrusive action necessary to reduce the risk to an acceptable level. Examples of such actions may include:
- making sure doors and windows (where possible) are locked;
- turning off gas and electrical appliances and considering the need to turn gas, electricity and water at the mains. N.B. if the person has food stored in the freezer or has a heated fish tank it may not be practicable to turn the electricity off at the mains;
- informing the police that the property is unoccupied and asking them to keep it under surveillance;
- disposing of foodstuffs likely to perish to the point of becoming hazardous before the date the adult is expected to return home;
- removing any cash or readily portable valuables (such as jewellery) which is visible or which the person has asked to have safeguarded to a place of safety;
- taking an inventory of cash and valuables (including any keys) which are to be removed to a place of safety. Both staff members must sign this inventory.
- removing any pets to a place of safety;
- informing the mortgage provider, landlord and utilities providers if there is likely to be an interruption in the person’s payment schedule.
It is important to show respect and sensitivity to the adult’s privacy, and only take such steps as are reasonably necessary to prevent or mitigate loss or damage to the adult’s property.
Ensuring the security of a the adult’s property is an ongoing responsibility and periodic checks must be made.
5. Prevention of Access
If a third party tries to stop an authorised entry into the home they will be committing an offence, unless they can give a good reason for why they are obstructing the local authority in protecting the adult’s property. Committing such an offence could, on conviction by a Magistrates’ Court, lead to the person being fined. If a local authority intends to enter a home then it must give written authorisation to an officer of the council and that person must be able to produce it if asked for.
The local authority has no power to apply for a warrant to carry out their duties to protect property. If the Court decides the obstruction is reasonable then the local authority would have no power to force entry.
This duty on the local authority lasts until the adult in question returns home or makes their own arrangements for the protection of property or until there is no other danger of loss or damage to property; whichever happens first. Often a one off event is required such as the re-homing of pets or ensuring that the property is secured.
If costs are incurred or if there are ongoing costs the local authority can recover any reasonable expenses they incur in protecting property under this duty from the adult whose property they are protecting.
