Michael Healy-Rae (Kerry, Independent)
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1591.To ask the Minister for Health if the south Kerry compensation scheme will be expanded to ensure that all children in Kerry, who receive apologies for deficits in care received, are entitled to join the scheme (details supplied); and if he will make a statement on the matter.[33887/24]

Mary Butler (Waterford, Fianna Fail)
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The independent report of the review into Child and Adolescent Mental Health Services in South Kerry (the “Maskey Report”) was published on 26 January 2022. This examined the files of everyone who received care from South Kerry CAMHS between 1 July 2016 and 19 April 2021.

The Report found that 240 young people did not receive the standard of care they should have from CAMHS. It identified deficits in governance, supervision and oversight, clinical practice and the overall functioning and administrative processes, which contributed to the sub-standard care received by these young people.

Following publication of the Maskey Report, the Government introduced a non-adversarial route for children/ families to seek compensation for the shortfall in care received. The Maskey Report notes that there is no definitive number of people who suffered harm. Therefore, further evidence of levels of harm may be found, so that the number of people who are eligible for the scheme may change.

However, the terms of the scheme fundamentally remain the same – meeting the criteria of harm as set out by the Maskey report. For example, as evidenced by the additional eligible children in North Kerry subsequently identified by the HSE as qualifying for the Scheme, any further appropriate cases in Kerry recommended by HSE will be given full consideration by the State Claims Agency.

Aside from the inclusion of such individual eligible cases, it is not intended that there be any fundamental change to the Compensation Scheme introduced by Government relating to the Maskey report.

The State Claims Agency continues to engage with families in relation to the processes involved in the Compensation Scheme. As of 23 May 2024, the SCA had 204 applications to the Scheme with initial payments made to 201 applicants. Should patients or their families have any questions in relation to their eligibility for the Scheme, they can contact the HSE Kerry CAMHS information line which remains open on 1800 742 800, from 9am to 5pm, Monday to Friday.

The HSE has re-iterated that they intend to complete the North Kerry Lookback review as soon as possible. The focus of this review is on an independent, thorough, and consistent assessment of the care and treatment that children received.

The HSE has confirmed that Phase 1 of the North Kerry Lookback Review would first look at the files of young people who were under the care of North Kerry CAMHS on 21st November 2022 i.e. the last date the clinician reviewed by Maskey worked in the service.

The next phase of the review (looking at older files i.e. those discharged from the service) will be informed by the review of current files. The outcome of Phase 1 will determine the detail, extent, and circumstances of Phase 2.

The ongoing Phase 1 of the Lookback Review of North Kerry CAMHS is a robust, independent process involving a team of specialised CAMHS consultants, external to North Kerry CAMHS. Files are still being reviewed by the team of specialised CAMHS consultants i.e. the review of individual files has not finished. The priority is that the Lookback Review gives each young person a thorough and consistent assessment of their care and treatment, involving independent expert specialised CAMHS input.

There are currently 9 Consultant CAMHS Psychiatrists from across the country who have joined the North Kerry CAMHS LBR Consultant Review Group. This has reduced from 12 Consultants at the commencement of the review process and has impacted on the timelines of the review completion. The Consultants continue to review files - with weekly meetings held with the Consultant Review Group to discuss and sign off on reviewed cases.

The HSE has informed the Department of Health that they wish to express their regret to families and young people that this process is taking longer than they initially hoped, but it is important that both the Executive and families are assured that the review of each file is receiving the expert input needed.

It is important also to note that after each file is reviewed, contact is made with the young person involved and where necessary, Open Disclosure meetings take place. This is a significant step, as the HSE are not waiting for the completion of the review report to inform young people and families if issues are identified. The HSE is committed to keeping families and young people informed about the process and provide updates on hse.ie/northkerrycamhsreview.

The Department of Health, in conjunction with the HSE, continues to closely monitor developments in relation to CAMHS in North Kerry, including the timeline for the completion of the review and any evolving issues in relation to the SCA Compensation Scheme.