The failings identified within Child and Adolescent Mental Health Services (CAMHS) in South Kerry have had a profound impact on hundreds of children and their families.
Following the publication of the Maskey Report, which revealed that 46 children suffered significant harm and over 240 were exposed to risk through inappropriate diagnoses, prescriptions, and inadequate monitoring, the State established a dedicated nonadversarial compensation scheme.
This scheme—administered by the State Claims Agency (SCA)—was designed to offer families an alternative to litigation, providing full compensation in line with court awards, but without the stress, delay, or adversarial nature of formal legal proceedings. The scheme includes an initial payment on account of €5,000 for eligible applicants, intended to support immediate expenses, followed by a mediation-based process to determine fair compensation.
Government updates indicate strong engagement: by mid 2025, 230 applications had been received, with 89% of mediations concluding in settlement, demonstrating the scheme’s effectiveness in resolving many cases efficiently. Separately, reports confirm that 197 children had already received payments by May 2024.
However, the experience of families has not been uniform. Early concerns were raised by some about the clarity of communication from the HSE, and in some situations, families opted to consider legal proceedings instead of engaging with the scheme. Additionally, questions emerged regarding North Kerry CAMHS, where some children were initially not included under the State scheme, prompting calls for broader eligibility. Later Government statements confirmed that additional cases identified as appropriate may be considered, though core eligibility criteria remain tied to the Maskey review.
What matters most is that each family receives correct, complete information about the scheme, their options, and any supports available. The CAMHS situation underscores the importance of:
- Clear communication
- Consistent treatment across regions
- Accessible processes for redress
- A focus on children’s long-term wellbeing
- Transparency in how harm is acknowledged and addressed
As a law firm working daily with families affected by medical care issues, we understand that the needs and circumstances of each case are different. The compensation scheme has proven to be effective for many, but it may not be the right fit for every family.
The decision about whether to engage with the scheme or consider alternative legal pathways is a personal one—and depends heavily on individual circumstances, medical history, and long-term needs.
CLIENT ADVISORY NOTE
What Families Should Know About the CAMHS Compensation Scheme
If you or your child were impacted by the issues outlined in the Maskey Report, here are key points to be aware of:
- Eligibility: The compensation scheme applies to individuals who experienced harm or injury while attending Kerry CAMHS between 1 July 2016 and 19 April 2021, as identified in the Maskey Report and formally notified by CAMHS.
- Application Process: Applications must be made through your solicitor, who writes to the HSE stating the intention to enter the scheme. The scheme is administered by the State Claims Agency (SCA).
- Payment Structure: Eligible applicants may receive:
– An initial €5,000 payment on account
– Mediation, where compensation is agreed in a nonadversarial environment
– If mediation does not resolve the matter, an independent Senior Counsel determines the compensation amount, with a right to review by a retired Superior Court judge Liability is not an issue for the purposes of the scheme. - Documentation: Families should ensure they have access to:
– Full medical records
– Medication and treatment histories
– Independent assessments where appropriate Solicitors can assist in requesting, reviewing, and assembling this information. Note that some families earlier experienced communication challenges—highlighting the importance of having support when requesting records. - North Kerry and Other Areas: Some families linked to North Kerry CAMHS were not initially eligible under the scheme and may need to explore other routes. Government statements indicate that additional appropriate cases may be considered where recommended, but expanded eligibility is not automatic.
How We Can Help
Every situation is unique, and families often benefit from tailored support to understand their options clearly.
If you or your child has been impacted by CAMHS care, give our Client Care team a call:
We can assist with:
- Requesting and reviewing medical records
- Understanding eligibility and next steps
- Guiding you through the compensation scheme process
- Helping you understand alternative options if the scheme is not appropriate
- Providing clear, compassionate advice grounded in your specific circumstances
No two cases are the same, and we do not offer blanket recommendations. Our role is to ensure you have the information you need to make the decision that is right for your family.
