Kerry CAMHS Families Take High Court Action After Being Left Out of State Compensation Scheme Despite Receiving HSE Apologies
Around a dozen families whose children received formal apologies from the Health Service Executive for deficient care at Kerry's Child and Adolescent Mental Health Services have launched High Court legal actions after being excluded from the State's non-adversarial compensation scheme — with solicitors describing the exclusion as "unfathomable" and noting that in some cases, siblings within the same family were accepted into the scheme while others who suffered comparable harm were not.
Background
The Kerry CAMHS scandal emerged from two separate clinical reviews — the Maskey report, which examined services in South Kerry, and the Halpin report, which covered North Kerry — that found widespread deficiencies in the care provided to children and adolescents by the HSE's mental health services in the county. The reviews identified cases of misdiagnosis, the inappropriate prescription of anti-psychotic medications, and failures in clinical governance that caused significant harm to vulnerable young people and their families.
In response to the reviews, the State established a non-adversarial compensation scheme designed to provide redress to those identified as having suffered harm due to care deficiencies. The scheme was intended to avoid the trauma and expense of adversarial litigation, allowing families to receive compensation through a structured process without having to prove their case in court. The scheme was widely welcomed when it was announced, and many families have been included in it and have received compensation.
However, a significant number of families who received formal apologies from the HSE for deficiencies in their children's care have found themselves excluded from the scheme. These families were not identified in the formal "Lookback" processes that formed the basis of the Maskey and Halpin reviews; instead, they raised concerns individually or through legal counsel and subsequently received apologies through the HSE's Open Disclosure process. The distinction between these two routes to an apology has proved to be the basis for their exclusion from the compensation scheme.
Key Developments
Solicitor Keith Rolls, who represents a number of the excluded families, described the situation as "unfathomable," noting that the children he represents suffered harm that is comparable to those covered by the scheme and should be afforded the same protective, non-adversarial access to redress. He highlighted the particular injustice of cases in which some siblings within the same family were accepted into the scheme while others — who also experienced deficient care — were excluded.
Minister of State for Mental Health Mary Butler has acknowledged the situation and stated that the Department of Health is working to ensure all impacted young people are eligible for the scheme. The government has initiated an extension of the North Kerry Lookback Review to include a wider cohort of patients — specifically those treated and discharged between June 29, 2014, and November 18, 2022. The Minister indicated that files previously reviewed on an ad hoc basis that resulted in Open Disclosure letters are being prioritised for inclusion in this extended review, which will eventually allow these families to apply for compensation.
Despite these assurances, the families have proceeded with their High Court actions, arguing that the delays and the lack of transparency regarding their initial exclusion have left them with no choice but to pursue adversarial litigation — the very outcome the scheme was designed to avoid. Their legal representatives have argued that the State's failure to include them in the scheme from the outset has caused additional distress to families who have already suffered significantly.
Why It Matters
The Kerry CAMHS case matters because it illustrates the gap that can exist between the stated intentions of a State compensation scheme and its practical operation. The scheme was designed to provide a compassionate, non-adversarial route to redress for families who had suffered harm at the hands of the State's mental health services. The fact that families who received formal apologies from the HSE — an acknowledgement that harm occurred — are now being forced into adversarial High Court proceedings represents a failure of that intention. It also raises broader questions about the adequacy of the State's response to the Kerry CAMHS scandal and about the consistency with which the compensation scheme has been applied.
The mental health of children and adolescents is a particularly sensitive area of public policy in Ireland. The HSE's CAMHS services have faced sustained criticism for years, with waiting lists, staffing shortages, and inconsistent quality of care identified as systemic problems. The Kerry scandal is the most serious manifestation of these problems, but it is not an isolated case, and the government's handling of the compensation scheme will be watched closely by families in other parts of the country who have concerns about the care their children received.
Local Impact
For the families involved, the High Court proceedings represent a deeply unwelcome development. Many of them have spent years navigating the HSE's complaints and disclosure processes, and the prospect of adversarial litigation — with its associated costs, delays, and emotional toll — is a significant additional burden. In Kerry, where the scandal has had a profound impact on public trust in mental health services, the ongoing legal proceedings serve as a reminder that the full consequences of the care failures have not yet been resolved. Radio Kerry and local community groups have been active in supporting affected families, and there is strong local sentiment that the State should do more to resolve the situation without forcing families into court.
What's Next
The High Court proceedings are at an early stage, and it is likely to be some time before they come to a substantive hearing. The government's extension of the North Kerry Lookback Review is expected to be completed by early 2027, at which point additional families may become eligible for the compensation scheme. Minister Butler has indicated that she will continue to monitor the situation and will consider further extensions of the review if necessary. The families' legal representatives have indicated that they will continue to press for their clients' inclusion in the non-adversarial scheme, arguing that litigation should be a last resort rather than a necessity.
