Businessman, 70, says social workers have locked him up in a care home against his will
Businessman, 70, says social workers have locked him up in a care home against his will for two years by obtaining controversial ‘Deprivation of Liberty’ order
David Walker, 70, a father of two said he is being forced to stay at Ash Lodge, HullHe claimed that this was due to a Deprivation of Liberty Safeguards (DoLS) orderHe said the order was made against his will and he has been there for over a yearHis daughter Dawn, 45, echoed him and said he is ‘fully able’ to care for himself
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A businessman has claimed social workers have locked him up in a care home against his will using a controversial court order.
David Walker, 70, said he is being forced to stay at Ash Lodge, run by Proudfoot Care Group, in Hull due to Deprivation of Liberty Safeguards (DoLS).
The father of two said it was made against his will and he has been in the mental health facility for a year.
He said he feels locked up ‘like a criminal’ and cannot even go across the road for tobacco and groceries unless accompanied by a carer.
His daughter Dawn, 45, echoed him and said he is ‘fully able’ to care for himself and wants him released.
Mr Walker had run building and home insulation business Save It Insulation and said he had a five-storey house, Jaguar car and had 90 employees.
But he revealed the firm ran into trouble with people owing him money and his wife became ill.
Hull City Council’s social services intervened and said he should go into respite care ‘for two weeks’ in October 2020.
But a year later Mr Walker says he still has not got his liberty back and remains cooped up in the care home.
He told the Hull Daily Mail: ‘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.’
Deprivation of Liberty Safeguards are controversial legislation meaning a person’s freedom can be taken away from them or restricted.
They are triggered when a person is believed to lack the capacity to consent to these arrangements.
Mr Walker 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 Ms Walker 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 Mr Walker as lacking ‘capacity’ and states there is no mental illness present.
The home’s manager has written in the paperwork Mr Walker cannot feed or dress himself and would be at risk of ‘malnutrition and dehydration’. David and his daughter both dispute this.
David Walker (pictured), 70, said he is being forced to stay at Ash Lodge, run by Proudfoot Care Group, in Hull due to a Deprivation of Liberty Safeguards (DoLS) order
The father of two (pictured) said the order was made against his will and he has been in the mental health facility for a year
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.
Ms Walker 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 refused to be drawn on Mr Walker, saying: ‘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.
He said he feels locked up ‘like a criminal’ and cannot even go across the road for tobacco and groceries unless accompanied by a carer (pictured, Mr Walker in the care home)
‘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).’
Proudfoot Care Group declined to comment.
