Sounds terrible, Birchall. Can't see anything beyond section 3 HASAWA duties. You'd expect some kind of supervision for the patient doing the assaulting and appropriate medication. Maybe even isolate them from the other residents.

Perhaps you should consider relocating the resident to an alternative home if controls cannot be guaranteed SBH

Why, why, why is the immediate thought about who can 'we' take legal action against? I currently have my Mother in residential care and without any warning she has been violent both to residents and staff. We have worked tirelessly with the home, social services and 'in reach' team to resolve the matter in a mutually agreeable way, which eventually meant a change in medication and relocation to a care home which was more able to meet my Mothers needs. Both my Mother & the family are now in a better 'place' & the new home & environment is coping very well. Vascular Dementia is a dreadful illness which progressively gets worse..... Sufferers of the illness can change without warning and working with all parties is the way forward instead of thinking who can 'we' blame and or take legal action against.

Victor Meldrew, it is the third time it has happened without any action! Negligence springs to mind before we start.

It has taken 7 wks for my Mothers situation to be resolved - don't forget that those that have carried out the assaults have invariably not done it deliberately & also have rights. DOL takes time as those in the industry know. My wife has 34 yrs experience of working with dementia sufferers, she has been kicked, punched, thumped, slapped, scratched & spat at & not at anytime has she sought to blame anyone or take legal action. During the last 10 mths since my Mother has 'dropped off the cliff' in her mind so to speak, my wife has deliberately taken a 'back seat', I now have a modicum of understanding of just what she has to contend with & the industry workings, the authorities, social services etc. yes, there is negligence in the industry, as was recently highlighted in the case highlighted by the TV programme Panorama, but this is not the norm. My Mother hurt residents & staff, on more than one occasion. This was so embarrassing & hurtful for us all, including my Mother in one of her more lucid moments. Everyone worked so hard & was so understanding. As Wood28983 says do not assume 'nothing has happened', & samjen1973 is way out of order in suggesting that 'this is a significant failing on the part of the care home' - surprising from someone who works in the care sector. I am so very sorry that your relative has been assaulted & obviously seriously. I suggest you contact the care home manager & arrange a meeting to involve social services, the 'in reach' team & any other interested parties to gather all the available evidence, if there has been negligence this will then become evident as you progress with the care commission..... jumping to the blame game & legal action should not be the first avenue.... a major failing of the H&S industry. I sincerely hope your relative returns to good health & I wish all concerned the very best.

Thanks canopener - the last few months have been quite dreadful. All residents in these homes are not there by choice, they are there because they cannot cope on their own, their family or relatives are unable to cope and / or they are 'not capable of living in the community'. I and others like me no doubt, do not plan on their parent(s) inflicting violence & aggression on residents or staff, rather defeats the object I think. Additionally there is no 'one size fits all' in terms of care plan and/or medication and with the greatest will in the world each and everyone of us is different. As I previously highlighted, my wife has had issues with residents but she loves her work and says the biggest problems she has had over the years is with family and relatives of those they are looking after - you can guess eh - 'we' can't look after him/her but we can tell you how to etc...... and I've been telling my Missus for the last 25 years how difficult my job is, yeh sure. Still, onward & upward..... it certainly makes you wonder what may befall us. Anyway, on a lighter note, are England going to win the Ashes?