Minister of State for Mental Health Mary Butler has confirmed that a compensation scheme has been opened for the families affected by the scandal in South Kerry Child and Adolescent Mental Health Services (CAMHS).
The non-adversarial CAMHS Kerry compensation scheme was approved by Cabinet earlier this month and will be operated by the State Claims Agency.
In January, Dr Sean Maskey published a report on the failings in CAMHS care in South Kerry. Only children and families identified in the report as having suffered some level of harm will be eligible to avail of the scheme.
A 5,000 payment will be made to cover the initial expenses of eligible applicants, and the level of compensation will be agreed upon in a mediation process.
The State has also agreed to pay “reasonable costs of legal representation,” and any disputes regarding costs will be referred to a legal costs accountant for adjudication.
The report, commissioned after a whistleblower raised concerns, examines the treatment of over 1,300 patients who attended the service and covers the period from July 2016 to April 2021.
A panel of expert psychiatrists has been established for the scheme, from whom applicants can seek an expert report for mediation.
Applicants may seek a report elsewhere, but the SCA has reserved the right to commission a report from the panel.
The High Court president, Mr Justice Peter Kelly, may review the mediator’s decisions.
Affected families remain free to take legal action through the courts; however, the State argues the scheme will be a faster process, resulting in a similar level of compensation.
Ms Butler explained that the scheme aims to compensate those affected whilst avoiding the stress associated with court proceedings.
Eligible children and families may apply for the scheme via the HSE through Coleman Legal.
