Dáil Éireann Debate, Wednesday - 1 May 2024
240. Deputy Mark Ward asked the Minister for Health if the CAMHS redress scheme established in south Kerry following the Maskey Review will be widened to north Kerry families; if he will provide an update on the scheme; and if he will make a statement on the matter. [19541/24]
View answer288. Deputy Pa Daly asked the Minister for Health his views on the CAMHS redress scheme, the north Kerry lookback review; whether a redress scheme will be considered for that area, to include those who have already received apologies from the HSE; and if he will make a statement on the matter. [19676/24]
View answerI propose to take Questions Nos. 240 and 288 together.
On foot of the publication of the Maskey Report in 2022, this Government committed to the introduction of a non-adversarial route for children and their families, specifically covered by the Maskey Report, to seek compensation for the shortfall in care received.
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 a scheme, such as that relating to the Maskey Report. This is not to say that this 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 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.
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 which remains open on 1800 742 800, from 9am to 5pm, Monday to Friday.
The Deputy will be aware that the HSE is currently undertaking a Lookback Review, to first look at the files of young people currently under the care of North Kerry CAMHS. A senior clinician, supported by a team of CAMHS Consultants, has been appointed to lead this review, which commenced on 19 June 2023. The HSE intend to complete this Lookback review as soon as possible. The HSE is committed to keeping families and young people informed about the process and place any documentation on hse.ie/northkerrycamhsreview.
In terms of the Compensation Scheme, the latest information available to the Department of Health as of 12 April 2024 indicates:
Applications to the Scheme : 202 applications to the Scheme have taken place with initial payments made to 197 applicants, following an applications’ verification process.
Settlements to date : 33 mediations have taken place to date, the majority of which have been successfully resolved. 31 cases are settled, with 5 of these to be ruled in the High Court (as they involve minors). As the applicants are recommending the settlements, the rulings should be routine. 1 case was awaiting a determination from the mediator. 1 mediator’s determination had issued to the family, and 1 mediation was adjourned.
A further 10 mediations were scheduled for late April and May, with more planned as soon as dates were agreed with the applicants’ solicitors.
There have been several firms of solicitors involved in the mediation process.
