A disabled man was left "wasting away" after being blocked from his own finances for almost 12 months.
The family of David Darlington, 65, a disabled pensioner from Crewe, said that he was been blocked from his finances and had his benefits cut after he used money from his savings to buy a caravan. David has now been left on £60 a week, despite having £16,000 of his own money, earned from previous work, in savings which he can't access.
David is now a "prisoner in his own home" due to the incident, which happened in 2021. His nephew, Mark Gibson, told CheshireLive: "All he wanted was a caravan in Rhyl. He didn't want a trip to Las Vegas.
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“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 falling down the stairs 23 years ago and suffering a serious brain injury. Now he lives in joint supported accommodation where he receives round the clock assistance for his basic needs. But for the past year, David’s family claim his mental health has been deteriorating after an incident in 2021 left him blocked from his own finances and unable to access £16,000 of his hard-earned cash.
According to David’s sister, Pat Gibson, 67, the trouble started when David expressed his wishes to buy a caravan with some of his private pension savings which he earnt during a lengthy career at Rolls Royce.
“When we were little we always had a caravan,” said Pat. “He decided he wanted to buy one for himself.
“David had a horrendous accident when he was younger and fractured his skull. He was in a coma for 18 months. To see him now you wouldn’t think he was that different to a normal adult - but he is.”
Pat claims that despite David historically having access to his own money, he was ‘constantly being advised’ what to spend it on by his social worker, provided by Cheshire East Council. However, when the pair took the decision to purchase the caravan for £20,000 using some of David’s private pension, a safeguarding incident was reportedly flagged on his account by Cheshire East Council, instantly denying him access to his finances.
An investigation by CheshireLive found that Cheshire East Council did not take responsibility for the block on the pensioner’s account - leaving the family in limbo for the best part of a year. Pat and her son Mark Gibson, who were fighting to get Power of Attorney to access his money for the past year, say that David was then told that the caravan had pushed his assets over the threshold and his benefits were immediately stopped.
An email from a Cheshire East Council social worker, seen by CheshireLive, explains that David was then expected to pay the £1,429 per week for his care without any help from benefits, or his private account, leaving him to accumulate debt of around £26,000. The social worker’s email explains that the bank account was frozen as David had been assessed as ‘lacking capacity to manage his finances’ and that there needed to be a ‘best interest meeting’ with the council ahead of any financial decisions.
During this 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. “They were deciding what David could and couldn’t spend his money on,” said Pat. “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.” Pat claims that since the bank account was blocked, 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, because he only has access to around £60 a week.
“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.” For the best part of a year, the family were trying to get power over David’s bank account in order to release the funds.
Access was finally granted at the end of last week, following an investigation by Cheshire Live. They even drafted in help from a GP, who deemed David ‘capable’ of handing over Power of Attorney to his next-of-kin, Pat.
However, the Office for the Public Guardian (OPG), rejected the letter, 11 months after it was originally sent, claiming that David was never properly assessed. A letter from the OPG to Pat, said: “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, has been liaising with the authority to try to get answers and hurry the case along so that they can release some of the money and begin paying off debt that David owes for his care costs.
“It’s very sad and heartbreaking to be honest,” he said. “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 heartbreaking.
“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.
Mark claimed that last week, the family have been forced to take David to a food bank to help with increasing grocery costs.
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 have denied responsibility for the block on the account, saying that the Court of Protection was in charge of it. However, when contacted, the Court of Protection had no record.
The family is now desperate to obtain deputyship over David’s account, in case the block is reapplied.
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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