Man locked up 'like a rabbit in a hutch' against his will in care home for a year
A successful businessman and father who has been held against his will in a care home for a year is claiming he can care for himself.
Father-of-two David Walker, 70, was subject to a Deprivation of Liberty Safeguards (DoLS) order one year ago, initiated by Hull's social services.
According to Hull Live reports, he claims this was against his will and without his knowledge.
For a year, the businessman has been living in the privately-owned care home in Hull in which council placed him.
He says he is kept locked up "like a criminal" and cannot even go across the road for tobacco and groceries unless accompanied by a carer.
His daughter Dawn Walker, 45, said her father is "fully able" to care for himself and says she is also supportive of him being released.
David, who ran a building and home insulation business called Save It Insulation, said he owned a five-storey home and an expensive car and was earning lots of money - with up to 90 employees at his firm - at the height of his success.
He said he then ran into difficulties with people owing him money and his wife became poorly, and that Hull City Council's social services encouraged him to go into respite care "for two weeks".
That was October 2020. He said has been in the home ever since.
Speaking to Hull Live, he spoke of how he had been “incarcerated in [his] room”, where he eats and sleeps, ever since.
“Yet I haven't committed an offence,” he said. “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.”
David said it was a “miscarriage of justice”.
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.
David's daughter Dawn Walker, 45, said no-one in the family was consulted about David being shifted into the care home, where she believed he was being “treated like a prisoner”.
"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,” she said.
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).”