A case that has shocked many is now sparking fierce debate, after a 49-year-old woman avoided jail despite stealing £43,000 from her own dementia-stricken mother

SOFT JUSTICE 

Thieving daughter, 49, who stole £43k from dementia-stricken mum for holidays, Alsatian puppy & luxury cars avoids jail

A CRUEL daughter who stole more than £43,000 from her ailing mum who suffered from dementia has been spared jail time under Labour’s ‘soft justice’ reforms.

Catherine Barningham, 49, blew the funds on holidays abroad, an Alsatian puppy, a new phone contract and a luxury car after taking over Elizabeth Smith’s affairs.

Catherine Barningham stole £43,000 from her dementia-stricken mumCredit: Facebook
 
The judge described Catherine’s actions as a ‘despicable’ abuse of powerCredit: Unknown
As power of attorney, she also managed the sale of the 78-year-old’s home, selling it for £40,000, around a third of its market value, Leeds Crown Court heard.

Elizabeth’s carers only realised the elderly woman had been swindled after she told them she’d essentially run out of money, with only the cash in her purse to tide her over – often not more than £5 or £10.

Catherine, from Goole in East Yorkshire, admitted fraud by abuse of position between 2018 and 2024.

Despite being described as a “thief who stole from her own mother” who committed a “despicable abuse of trust”, Catherine was spared jail.

Judge Robin Mairs told Leeds Crown Court he was “compelled, with much reservation” to suspend her sentence in line with Labour’s sentencing reforms.

The new Community and Custodial Guidelines – by which all judges must abide – advise that rehabilitation programmes should be prioritised to minimise prison time for sentences of three years or less.

Handing her a three-year suspended sentence, Judge Mairs said: “There are many who would rightly say this is a lenient sentence, and indeed it is.

“If it were not for the compulsion of the Community and Custodial Guidelines, it would not be imposed. But it is a single opportunity only. Breach it and you will go to prison.”

Elizabeth suffered from a form of dementia linked to alcoholism and appointed her daughter to oversee her finances in 2015 before she was later moved into a care home in Lincoln when her condition deteriorated.

Despite having “significant savings”, her son Michael Hart discovered her account was £1600 overdrawn.

Carers at Elizabeth’s home noted she was frequently scrabbling for funds for her own needs – while her daughter indulged in trips abroad, a new home and was seen driving a BMW or Mercedes.

Judge Mairs said: “There were foreign holidays and cars, all of which were bankrolled by your mother, unknowingly, unwittingly, and dishonestly by you.

“You had milked your mother as much as you could and only renounced power of attorney when the game was up.”

Matthew Moore-Taylor, prosecuting, told how concerns were raised by Holyrood House staff in 2024.

He told the court how the deputy care home manager, Zoe Hibbert, recalled Elizabeth commenting on her daughter’s holiday or new car.

While splashing Elizabeth’s cash, Catherine would cruelly deny her mum her favourite brand of crisps because they were “too expensive”, the court heard.

Judge Mairs said: ”You were deliberately cruel to her for pennies, all the while lining your own pockets with her money.”

He said that she showed “no real remorse” about exploiting her dementia-ridden mum and was only concerned about “feathering her own nest”.

Catherine was arrested in December 2024, where she admitted using her mum’s account “as if it were her own”, describing the errors as honest mistakes.

The mother-of-one later claimed she had financial pressures, including debt consolidation issues and gambling debts.

She works as an account manager – on a salary of £59,000 – but faces the prospect of losing her job, according to her barrister Samreen Akhtar.

Judge Mairs added that a “pathetically small” fraction of the stolen funds had been paid back – despite Catherine have a “good job”.

Under Labour reforms, courts must consider factors including rehabilitation, risk of harm, and the effect immediate custody would have on dependants before deciding whether an immediate prison sentence should be imposed.

CRE: https://www.thesun.co.uk/news/39359122/daughter-stole-43-k-dementia-mum-avoids-jail/