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Mental Health Services

Dáil Éireann Debate, Tuesday - 25 July 2023

Tuesday, 25 July 2023

Questions (1208)

Michael Healy-Rae

Question:

1208. Deputy Michael Healy-Rae asked the Minister for Health if a scheme (details supplied) will be changed in order to allow more persons to access same; and if he will make a statement on the matter. [36056/23]

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Written answers

Following publication of the Maskey report on the CAMHS service in South Kerry, the Taoiseach committed to examining non-adversarial ways of compensating families affected, in consultation with the Attorney General. The Office of the Attorney General, the State Claims Agency, the Health Service Executive (HSE) and the Department of Health worked together to develop a settlement scheme for the children, young people and families affected by the report. The arising State Compensation Scheme was announced in April 2022 and is designed to provide full compensation, and clinical supports, if required, to those who suffered harm or injury as identified through the Maskey Report. Such a compensation scheme was called for by many mental health advocates, including families in South Kerry. Around 170 offers have been followed up to-date.

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 does note that there is no definitive number of people who suffered harm. As people engage with mental health services relating to the Maskey report, evidence of levels of harm may be found so the number of people who are eligible for the scheme may change. 

The nature of State Compensation schemes is such that they are defined by clear criteria and terms of eligibility. Such schemes are not defined 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 HSE will be given full consideration by the SCA. 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.

The State Claims Agency continues to engage with families in relation to the processes involved in the compensation scheme. 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 remains open on 1800 742 800, from 9am to 5pm, Monday to Friday.

Question No. 1209 answered with Question No. 1150.
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