Dear Sheila,

I am an assistant manager of a small residential care home for adult men with mental health disorders, managing the home while the registered manager is on holiday.

One of our service users has just been arrested and removed from the care home after a serious assault on a member of staff. This is the second serious assault he has made on a member of staff not including other minor attacks where he has specifically targeted two members of staff in particular. Because of the sustained nature of the attack, I considered it necessary to request that he was not returned to the care home but held by the police until emergency accommodation could be found. My view is that while he is a significant threat to these two members of staff, they are at risk and the other service users are at risk as they depend on the staff for their safety and well-being. I am concerned that we are unable to care for him in these circumstances but I am also concerned that the authorities are taking a long time to rehouse him. He is staying with a friend for a couple of nights but as his behaviour deteriorates without the medication he needs (we passed this to the city mental health recovery team to administer to him but they haven’t visited him yet) he is likely to be made homeless while they search for emergency accommodation for him.

I have written a letter of notice for him but have not been able to deliver it.

All the proper authorities have been notified and are involved in trying to rearrange his accommodation.

My main question is over the responsibility of rehousing him vs the responsibility to keep staff and service users safe; Can the council force us to receive him back into the home based on a lack of acceptable notice period (due to emergency) or is my responsibility to the security of staff and service users of a higher legal priority?

Thanks very much for your advice, in advance.

Regards,
A