Case scenario 1: Jason

Jason was popular with his clients and considered a conscientious disability support worker but was recently dismissed from his position after breaching organisational guidelines on the performance of his role. His supervisor is now also under investigation.

Jason had decided to organise a visit to a rave party with three of his clients with mild disabilities. This raised all sorts of issues with his employer in terms of whether approval had been gained, failure to work within the boundaries of his role and a breach of his duty of care. One of his clients who went to the party was a female who was under age and became a lost at the party. Her parents are now alleging that she had taken drugs and been sexually assaulted.

Jason claims that his supervisor knew about his intention to go to the party and feels he is now the 'scapegoat' for sloppy procedures and poor management. However, one aspect is perfectly clear - there has been a serious breach of duty of care and legal action is likely to follow against Jason and his former employer.

1. Outline how Jason had a duty of care to his clients.

2 Discuss how he had breached his duty of care and the ramifications for his client, his organisation and for himself.

Case scenario 2: David

David is a supporting worker who has the job of accompanying a client with an intellectual disability to the supermarket. David will sometimes take the client into a coffee shop and leave him unattended while he goes across the road to return some DVDs. The coffee shop owner is a friend of David and has told him he is happy to keep an eye on the client. One day the client follows David across the road and is hit by a car. He sustains severe injuries and is now in a wheelchair.

Being hit by a care caused the client's injury. However, the client had no awareness of danger on the road and was dependent on David to take care that he was not harmed during outings. David failed to anticipate any risk of injury by leaving the client without supervision in the coffee shop. David is responsible for the duty of care to the client and cannot informally transfer that responsibility to someone else. Because he failed to take reasonable care and took a risk that nothing would happen in the short time that he left the client unsupervised, an injury was caused. Therefore, a direct relationship exists between the client's injury, which was quite severe, and David's negligence.

1. Outline how David had a duty of care to his clients.

2 Discuss how this example covers the four requirements that must be established for an action alleging negligence to be successful, and for a client to be awarded financial compensation.