Wednesday, 27 Oct 2021

Pensioner ‘locked up like a criminal’ for one year in care home against his will

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David Walker, 70, has been placed in Ash Lodge, a privately owned care home by a council. He claims he is being kept locked up “like a criminal” and cannot even go across the road for tobacco and groceries unless accompanied by a carer.

The dad of two was subject to a Deprivation of Liberty Safeguards (DoLS) order one year ago, initiated by Hull’s social services, which he claims was against his will and without his knowledge.

It happened in October 2020 after the businessman, who ran a building and home insulation business called Save It Insulation, ran into difficulties with people owing him money and his wife became poorly.

David’s daughter Dawn Walker, 45, told Hull Live she believes he is “fully able” to care for himself and should be released.

But in paperwork for Hull City Council, controlled by the Labour Party, the care home manager claims David can’t feed or dress himself, accusations he firmly denies.

I am like a rabbit in hutch and I just want to be able to go outside to the shop and to earn a living

David Walker

Speaking from the care home in Sculcoates, Hull, the businessman said: “I have been incarcerated in my room, in which I have to eat and sleep, everything. Yet I haven’t committed an offence. I am appealing it, and I plan to sue for loss of earnings.

“I am now on benefits, and I want to be able to go out to work.

“I can’t actually believe what has happened to me. I thought I was signing details for my next of kin, I feel I have been tricked. The DoLS was without my knowledge.

“They now have the authority to keep me here. It is one year since I was incarcerated and I am in total limbo, I think they expect me to stay here until I go out in a coffin.

“This is a miscarriage of justice, I have committed no crime.”

He says he has been told an appeal can take up to six months, and he is in the process of consulting with a solicitor.

He added: “I am like a rabbit in hutch and I just want to be able to go outside to the shop and to earn a living.”

David’s daughter Dawn said: “No one was consulted in the family.

“My dad should not even be in that place.

“I believe he is being treated like a prisoner which is completely unjustified.

“He is intelligent and knowledgeable and shouldn’t be in there. We will do whatever we can to help my dad come out, it has gone on for too long now. He is not confused, he is totally on the ball.”

The paperwork for his DOLS, which was initially for a period of seven days, described David as lacking “capacity” and states there is no mental illness present.

The home’s manager has written in the paperwork that David can’t feed or dress himself and would be at risk of “malnutrition and dehydration.”

But David and his daughter both dispute this.

The records also say he could be suffering from Korsakoff syndrome – a memory disorder caused by a lack of vitamin B1, which is easily treatable and reversible.

Dawn added: “He is more than capable of carrying out daily tasks of looking after himself, washing, shaving, and dressing. His knowledge and understanding is 100 per cent.”

A spokesman for Hull City Council said: “We do not comment on ongoing, individual cases.

“Deprivation of Liberty Safeguards (DoLs) ensure that people who cannot consent to their care arrangements in a care home or hospital are protected, if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and in the person’s best interests.

“Where a person is objecting to the arrangements for their care and treatment either they and/or their representative can make an application to the Court of Protection, under Section 21A of the Mental Capacity Act. This ensures that the person’s Article 5 rights, under the Human Rights Act, are protected (Right to Liberty and Security).”

Source: Read Full Article

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