A FAMILY vowed last night to take legal action after a mental patient absconded from a North-East care home and attacked a toddler.

The man, who has not been named, is believed to have left the privately-owned Hollyhurst nursing home - a semi-secure unit in Darlington - using a fire exit.

He made his way to a nearby street, where he attacked three-year-old Arron Varley, throwing the shocked toddler against a wall, before he was wrestled to the ground by the child's father.

Arron and his seven-year-old brother, Lee, were playing in a lane behind the house when the attack happened.

A passer-by, who happened to be a former worker from Hollyhurst, recognised the attacker as a mental patient, rescued Arron and contacted both the care home and the police.

The toddler was taken to Darlington Memorial hospital for a check-up but, while suffering from shock, was otherwise uninjured.

Last night, the patient was believed to be detained under the Mental Health Act at Hollyhurst, which is owned by Castlebeck Care.

Arron's father, Barry Athey, said last night: "It is frightening to think what could have happened. The attack happened as the funeral service was taking place in Soham for Jessica and Holly, and it did make me think that could have been Arron.

"I was in the house at the time and when I heard what had happened I ran out into the street, with the intention of killing the bloke who had attacked Arron.

"But when I saw him all the anger went out of me because he obviously wasn't right in the head.

"I am furious that this has been allowed to happen and we are definitely going to be taking legal action.

"Arron was very shocked and he didn't want to go out at all yesterday. I have banned the children from going too far away from the house now. It has really shaken us up."

Acting Sergeant Simon Walker, of Darlington Police, said: "We took the gentleman responsible back to the mental home. The police investigations are not going ahead because the Crown Prosecution Service would not be prepared to take it on due to the gentleman's mental illness."

The man is believed to have been resident at the home for more than ten years.

Sgt Walker said: "I believe he does need to be supervised, which he usually is, when he is out with the public, except on this occasion when he absconded. I believe it was the case that staff took their eye off him for ten minutes and they said he must have run out of the fire escape."

The manager of Hollyhurst nursing home declined to speak to The Northern Echo last night, and no one at Castleback Care was available for comment.