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Daily Mirror
Daily Mirror
Business
Rachel Howarth & Evie Townend

Disabled man left 'prisoner in his own home' after his bank was blocked for almost a year

A disabled man from Cheshire was left a "prisoner in his own home" after being blocked from his bank account for almost 12 months.

David Darlington, 65, was living on just £60 a week after being denied access to his personal finances - despite having £16,000 in savings.

Cheshire Live reports that he accumulated a debt of around £26,000 in the 11 months before he could access his bank once again.

The pensioner who was described as “wasting away” said that all he wants in the world is a cheese sandwich.

According to his sister, Pat Gibson, 67, the trouble started when David expressed his desire to buy a caravan after the first lockdown.

David Darlington and his sister Pat Gibson (Cheshire Live/MEN MEDIA)

The pair took the decision to purchase the caravan for £20,000 using some of David’s private pension which he earnt during a lengthy career at Rolls Royce.

However, in the process, a safeguarding incident was reportedly flagged on his account.

In an email seen by Cheshire Live, the paper claims his social worker said the bank account was frozen because he had been assessed as “lacking capacity to manage his finances”.

“All he wanted was a caravan in Rhyl. He didn’t want a trip to Las Vegas,” said his nephew Mark Gibson.

“He just wanted a simple thing and the council said ‘no’. Ever since my mum helped him to do that it’s been pistols at dawn.”

David was left with learning difficulties after suffering a serious brain injury from falling down the stairs 23 years ago.

He now lives in joint supported accommodation where he receives round the clock assistance for his basic needs.

On top of being unable to access his savings, David’s benefits were also cut because the caravan had pushed his assets over the threshold, he was told.

This left him with only £60 to live off all week.

Without access to his savings or benefits, he was unable to cover his weekly care bill of £1,429, accumulating a debt of around £26,000.

Since the bank account was blocked, Pat claims that David’s care company, Choice Support, have been contacting her for money to pay for petrol and other lifestyle expenses such as food and activities.

“David can’t manage on that,” she said. “No one can manage on that. No one can eat properly on that amount of money.

“He is losing weight, wasting away, because of it.“

The family spent the best part of a year trying to get power over David’s bank account in order to release the funds.

During a best interest meeting, the family were reportedly told that it was not in David’s best interest to spend a lump sum from his pension.

Even a drafted letter from a GP, deeming David “capable“ of handing over Power of Attorney to his next-of-kin, Pat, was rejected by the Office for the Public Guardian (OPG).

Eleven months after Pat sent the GP letter, the OPG responded saying: “The enquiries found evidence to suggest that the LPA was not validly executed.

“OPG acknowledges that professional advice was sought by yourself and your co-attorney, including the opinion of a GP.

“Whilst the GP stated Mr Darlington had capacity, it was confirmed that this was not formally assessed.”

Pat’s son, Mark Gibson, was liaising with the authorities in an attempt to hurry the case along so that they could begin paying off debt that David owes for his care costs.

During this limbo period, Pat said she saw her brother’s mental health noticeably deteriorate.

She said: “They were deciding what David could and couldn’t spend his money on.

“They didn’t want me to get that caravan but they didn’t have my brother crying saying ‘it’s my money why can’t I do what I want with it.

“It’s like they don’t care that he’s my brother, not their brother. If it was part of their family they wouldn’t have treated him like this. I don’t want this happening to anyone else.”

Access was finally granted at the end of last week, following an investigation by Cheshire Live.

Mark said: “It’s very sad and heartbreaking to be honest, but I’m happy when I think we are trying everything we can to give him the best life possible.

“Everyone has turned a blind eye and hoped we would stop complaining.

“We were waiting almost 12 months for a Lasting Power of Attorney decision and he has £15000 in his bank account but Cheshire East are unwilling to let him have any extra money.

“He has been left to live on barely anything and is a prisoner in his own home. He can’t afford to go anywhere, it has been like that for a year.

“It’s heart-breaking. When we finally managed to access some funds I asked him what he wanted - anything in the world - he said a cheese sandwich. He is so used to having next to nothing.”

Last week, the family took David to a food bank to help with increasing grocery costs, Mark claimed.

A spokesperson for Choice Support, which provides David’s care, said: “Our focus is on providing the best possible care and support to David through what is a very complex situation.

“We are holding regular conversations with him and in the main he is continuing to enjoy his normal, active life.”

Cheshire East Council told Cheshire Live it denied responsibility over the blocking of the account, and said it was to do with the Court of Protection.

However, when contacted by the newspaper, the Court of Protection said it had no record.

A Cheshire East Council spokesperson said: “We can confirm that we are supporting Mrs Gibson’s brother, including assistance with his finances, and that he is happy and well where he is currently living.

“The council continues to positively engage with Mrs Gibson in discussions around the management of her brother’s finances.

“Cheshire East Council is mindful of its duty to protect and safeguard all vulnerable individuals and is unable to comment on the personal and sensitive issues raised by this enquiry.”

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