Written answers
Tuesday, 13 May 2025
Department of Health
Mental Health Services
Michael Cahill (Kerry, Fianna Fail)
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1158. To ask the Minister for Health the redress that has already been delivered and is further planned for patients and their families who were found to have suffered at the hands of the children and adolescent mental health services in Kerry; and if she will make a statement on the matter. [20989/25]
Mary Butler (Waterford, Fianna Fail)
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As the Deputy will be aware, on foot of the publication of the Maskey Report in 2022, the Government committed to the introduction of a non-adversarial route for children and their families to seek compensation for the shortfall in care received in South Kerry CAMHS.
The nature of State Compensation Schemes is such that they are defined by clear criteria and terms of eligibility. Such Schemes are not defined so as to be discriminatory, but rather to ensure that those who meet the relevant criteria can access the Scheme.
This is not to say that the Scheme in question is limited. Importantly, 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 the HSE will be given full consideration by the State Claims Agency.
However, 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.
To qualify to receive compensation, patients must have suffered harm or injury whilst attending Kerry CAMHS from 1 July 2016 to 19 April 2021, be identified as being affected by the events outlined in the Maskey Report and have been notified by CAMHS.
The original 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.
In terms of the Scheme, the latest information available to the Department of Health as of 13 January 2025 indicates:
There have been 223 applications to the State Compensation Scheme with initial payments having been made to 219 applicants, following an applications’ verification process.
Mediations was ongoing with 73 mediations haven taken place to that date, 66 of which have concluded in settlement.
Further mediations were due to take place over coming weeks and months.
The State Claims Agency continues to engage with families in relation to the processes involved in the Compensation Scheme. The Department of Health, in conjunction with the HSE, continues to closely monitor developments in relation to CAMHS in Kerry.
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