Commentary on Sections Annual report Section 47 – Protecting property of adults being cared for away from home
300.This section restates the duty originally set out at section 48 of the National Assistance Act 1948, for local authorities to prevent or mitigate loss or damage to the moveable property of adults who have been 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 section also re-enacts an offence associated with this duty, found at section 55 of the National Assistance Act 1948, which sets out 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.
301.Local authorities are able to recover from the adult any reasonable expenses incurred in protecting that adult’s property.