The relative of a former resident of the Valley Nursing Home, in Clogher who is fighting for an investigation into why 20 people died following transfer after its enforced closure, has warned further action is being taken after rejecting a response from the PSNI who contend the issue is a civil matter.

The disclosure of PSNI being made aware of the issue came at a Fermanagh and Omagh Council meeting as members discussed a response from the Minister for Health Robin Swann to a motion calling for a public inquiry and rejecting the content of a Lessons Learned Review report.

The motion deemed the report: “Inadequate, self-serving and failing to address the critical matter of residents’ deaths in the immediate aftermath of transfer, despite being of major concern to relatives and the principal reasoning for seeking a review.”

It also noted: “The refusal of the Department of Health to provide the Terms of Reference for the review and condemned the failure of all relevant authorities to address very specific issues.”

In a brief reply, the then Minister for Health Robin Swann remained satisfied with the assurances of Health Trusts adding: “There is no record that any resident passed away as a direct consequence of this process.”

Motion proposer Donal O’Cofaigh hit back: “This was a nursing home with 53 residents. Within a short period of closure, 20 of those residents had died. That’s three times the mortality rate in the home for the 18 months preceding the decision to close, All we have had are assertions of satisfaction without any evidential assessment and no coroner’s investigation. That is not in any way acceptable.”

Gerry Mullan’s late brother Donal was a resident at the facility and is working with other families to get to the truth of the closure and the high mortality rate in the aftermath.

He said: “The detective superintendent appointed to this matter fails to understand that the protections afforded to care home patients and relatives by the Health and Social Care Act, the Human Rights Act, the Crimes against the Person’s Act and the Mental Health Order are enshrined in Criminal Law not Civil Law. I have no wish to pursue any civil action. I am not the victim here. The victims are the patients of the Valley Nursing Home, especially those who sadly died.

“The response to my concerns and complaints is as insulting as it is inadequate in that the superintendent did not see the necessity to speak with the Health authorities whose actions I take issue with, nor did he speak with the former operator of the Valley Nursing Home who has made serious allegations and I have seen that first hand.”

He continued: “The superintendent only responded to my concerns following communication with Chief Constable’s Office and I am seeking a meeting to discuss the PSNI response and furnish further information.

“If that is not facilitated the Police Ombudsman will be advised accordingly. The Coroner’s Office have not acknowledged my request for a Coroner’s Investigation into the deaths of transferred patients and I am pursuing this.

“Bland response from government agencies contending they are satisfied and assured the deaths weren’t linked to the closure or transfer is fair enough for them but not for the rest of us. Where’s the evidence? Is this grounded on an assumption the residents would have died anyway? If so, were 20 residents out of a cohort of 53 to have died in relatively quick succession while in the Valley Nursing Home would there not be an outcry? What’s the difference in looking at how they died when transferred?”

Mr. Mullan concluded: “If there’s nothing to hide, there’s nothing to fear. For PSNI to bluntly dismiss this as a civil matter without even speaking to relevant persons is nothing short of disgraceful.”