A BROMSGROVE man who stole more than £200,000 from his sick elderly mother to spend on his failed fast-food business must repay just £10, a court has ruled.

David Kettle, 64, claimed he was using the money to pay for the care of his 93-year-old mother at a Shropshire nursing home.

A recent hearing at Shrewsbury Crown Court under the Proceeds of Crime Act found Kettle had benefited £228,575 from his criminal actions, but he had no realisable assets.

Having been told Kettle had no means to pay the money, Judge Peter Barrie imposed the £10 nominal confiscation order.

In August last year, Kettle, of Crabtree Lane, was jailed for five years and nine months after pleading guilty to stealing £228,575 from Joan Kettle between January 2015 and July 2016.

Kettle claimed that his mother had known about the business venture and approved of the plan to give them a secure future.

However, Judge Jonathan Gosling dismissed Kettle's claim.

"It is preposterous that she would have agreed for you to take over her finances after having a failed business venture in the past. There is no mitigation for this," he said.

He said Kettle was the author of a failed business in 2008 and as a result he did not believe his mother would have given him control of her 'purse strings'.

"Your business venture was utterly incompetent. The evidence points to your mother not knowing about this,” Judge Gosling added. "You looked at being the power of attorney but that was the last thing you wanted as you had a poor credit rating.”

The theft was uncovered after Kettle agreed to pay his mother’s nursing home fees, but concerns were flagged up over £25,000 in unpaid bills.

Staff were led to believe Kettle was paying the bills, but it was his mother's money.

Mr Timothy Ashmole, prosecuting, said Kettle was planning to remove his mother from care because he had no more money left.

Mrs Kettle was diagnosed with Alzheimer’s in 2013 and Kettle was due to arrange power of attorney, but never did.

Mr Ashmole said the care home manager said Mrs Kettle would not have had the capacity to sign a cheque by April 2015.

Bank statements revealed payments to a businessman for a fast food restaurant in Halesowen – sent straight from Mrs Kettle's account.

The court was told Kettle had a turbulent relationship with his mother but he claimed they had reconciled in 2009, and that she had agreed for power of attorney to be put in place.

Benjamin Williams, for Kettle, said his client had good intentions with the money, and had visited his mother regularly after he looked after her.

He claimed it had not been a callous or self-serving offence.