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Section 47 of the Care Act prescribes that Leicestershire County Council has a duty to take reasonable steps to prevent or mitigate the loss or damage to an adult's property where:
⢠The adult is being cared for in hospital or in accommodation such as a [residential or nursing] care home, and
⢠It appears to a local authority that there is a danger of loss or damage to moveable property (including animals) of the adult's in the authority's area because:
i. The adult is unable (whether permanently or temporarily) to protect or deal with the property and ii. No suitable arrangements have been or are able to be made.
Where it is identified that the local authority has a duty to protect a person's property, section 47 of the Care Act 2014 gives statutory powers to local authorities (and those it delegates this function to), who may:
⢠At all reasonable times and on reasonable notice enter any premises which the adult was living in immediately before being provided with accommodation or admitted to hospital, and
⢠Deal with any of the adult's movable property in any way which is reasonably necessary for preventing or mitigating loss or damage.
The duty to protect a property 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.
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