Call to review Sussex Police care home fractures probe

Gary Lewis (left) is severely learning disabled but knows what happened to him, his brother Martyn (right) has said

The families of two men whose legs were found broken at a care home on the same day have demanded an independent review of the Sussex Police investigation.

Martyn Lewis and Mark Bates, who want to know who caused the injuries, have enlisted the help of a former Met Police detective.

All three met the police and crime commissioner (PCC), who said she would take their concerns to the police.

Sussex Police said their investigation was thorough.

'He knows what happened'

A recent Safeguarding Adult Review (SAR) found Mr Lewis's brother Gary and Mr Bates's son Matthew, who both have learning difficulties, cerebral palsy and osteoporosis, were probably poorly-handled at Beech Lodge in Horsham, which is run by Sussex Health Care.

The report said the men were found injured on 1 April 2015, but police were not informed until 9 April when they were invited to attend a safeguarding meeting.

It agreed with an earlier report that officers initially did not consider there were any criminal offences, and this decision was based on information from the council and Sussex Health Care.

The report said: "By allowing others to investigate a complex set of circumstances, the end result was unsatisfactory.

"As a result, the families made complaints of criminal offences in June 2015 and Sussex Police had to commence an investigation, albeit several months after the incident when the evidence and the witnesses had been contaminated."

Three years on, Mr Lewis believes his brother knows what happened.

"Gary is severely learning disabled," he said. "If he knows what happened to him, and he must do, he can't express it.

"All I can do is at some point sit with him and tell him I know - but I don't know yet.

"He needs to hear from me that I know what happened and that person is going to face justice, and there will be measures to stop it happening again, but we are nowhere near that yet."

Matthew Bates's father also told the BBC he believes his son knows how the injury happened but is unable to communicate it

Former detective Clive Driscoll, who led the investigation that saw two of Stephen Lawrence's killers convicted, said: "I think it's in the interests of Sussex Police to see if the investigation could have been improved or more efficient."

On Mr Lewis's call for the perpetrator of his brother's injury to face justice, Mr Driscoll said: "There's always hope. Most historical cases show that. You can get a conviction further down the line."

The recent SAR was carried out by Brian Boxall, a retired Surrey Police detective superintendent, who found families had been "let down" by the safeguarding investigation.

Mr Boxall also highlighted a failure to inform police at an early stage.

He made 19 recommendations - 14 for the West Sussex safeguarding adults board, four for councils and one for Sussex Police.

A spokeswoman for the Sussex PCC said: "Following a meeting this week with Mr Lewis and Mr Bates, PCC Katy Bourne has agreed to present their concerns to Sussex Police."

A spokeswoman for Sussex Police said: "The investigation undertaken was thorough and the CPS were consulted about aspects of the case and we made the decision that there was not the evidence to support any criminal charges.

"A serious case review was commissioned by the West Sussex Safeguarding Adults Board in relation to these incidents and the findings were published in April.

"We fully accepted the recommendation made to us within the review."

Sussex Health Care, which is at the centre of a separate police investigation into nine homes, amid allegations of a lack of care of 43 people, some of whom are now deceased, has not commented to the BBC.

Six people have attended voluntary interviews, as part of that investigation, four over wilful neglect and two over gross negligence manslaughter.

A seventh person was arrested over neglect and fraud and released under investigation.

Mr Bates and Mr Lewis are not part of the ongoing police investigation into the nine homes, although Beech Lodge is one of the nine homes.

Nine Sussex Health Care homes are being investigated in a separate inquiry