Children's Health Ireland and the scoliosis inquiry: what families need to know

If your child had spinal surgery for scoliosis or spina bifida at Children's Health Ireland (CHI), there are several official processes going on, and none of them stops you protecting your child's position. In November 2025 the Government approved a scoping exercise, led by Remy Farrell SC, to recommend to the Minister for Health the scope, breadth and format of an inquiry into spina bifida and complex scoliosis services at CHI. Separately, the HSE has an independent expert review under way. It has also decided on a wider look-back at one consultant's spinal, limb reconstruction and surgical dislocation of the hip operations between 2016 and 2023. Families can call a dedicated freephone helpline on 1800 807 050. You can also make a complaint and ask for your child's records. If you are thinking about a legal claim, a separate court time limit applies. For a child it generally runs until two years after their 18th birthday, but the exact date depends on the facts, so it is worth getting advice early.

This article explains each of those steps, using what the HSE, the courts and the legislation say.

What is the "CHI inquiry" and where has it got to?

The official name is the Children's Health Ireland Inquiry into Spina Bifida and Complex Scoliosis Services Scoping Exercise. The Government approved it on 18 November 2025. The terms of reference say it was set up "in response to requests from advocacy groups and their legal representatives", and the Minister appointed Remy Farrell SC as the Facilitator. The Facilitator's report was published on 29 September 2026 and recommends a statutory commission of investigation. The section below on where things stand explains more.

A scoping exercise is not itself a full inquiry. The Facilitator was asked to:

• consult parents, patient advocates, CHI clinicians and management, HSE management and Department of Health officials about what steps or actions may be appropriate
• look at the reviews already completed or under way and avoid duplicating them, and be mindful of other statutory processes, such as coroner's inquests, which may take precedence
• explore a modular approach, including a "patient/family personal statement module" run in a "child and family centred, non-adversarial manner"
• make recommendations to the Minister on "the scope, breadth and format of an inquiry and the contents of potential terms of reference"

The exercise was due to begin on 3 March 2026, with the aim of giving a written report to the Minister within 16 weeks of that date. In April 2026 the Minister for Health made two sets of data protection regulations. They give the scoping exercise a legal basis to handle personal data, including sensitive "special categories" of personal data. The regulations on special categories of personal data also require the Facilitator to have safeguards that pay particular regard to the involvement of children and other vulnerable people.

The Government and the Minister for Health published the Facilitator's report on 29 September 2026. The Taoiseach told the Dáil the next day what it recommends:

• a commission of investigation, which is statutory and can compel witnesses and the production of documents, and will publish a final report
• four modules: waiting lists, spinal surgery, hip dysplasia, and the children who were not transferred to Temple Street after 2008
• two submodules within the waiting lists module: a personal family statement module, and a module on how CHI management responded to waiting list issues
• a period of 2019 to 2025, inclusive, with the chairperson to have discretion to look at issues from before 2019

Department of Health officials are now drafting the terms of reference with the Office of the Attorney General. There will be a call for input from advocacy groups, and the final terms of reference will then go to the Government for approval. In the same debate, one TD said parents were upset that there would not be a detailed investigation into individual children's treatment, and that the focus would be on systemic problems. Nothing in the debate says the inquiry will decide individual compensation claims or pause the court time limit. Do not rely on it to protect your child's own claim. Your solicitor can tell you where the terms of reference stand now.

What other reviews have there been?

The terms of reference list the reviews already done or under way at CHI. They include:

• a review referred to as "Boston" (completed July 2023)
• the Nayagam review, in two phases
• a HIQA review into non-CE marked springs (published April 2025)
• an audit of hip dysplasia (DDH) care (published May 2025)
• a HSE audit of governance, equity in patient access and waiting list management

In September 2023 the HSE announced an external review by Mr Selvadurai Nayagam, a UK orthopaedic consultant. It followed "a number of serious spinal surgical incidents" at CHI at Temple Street. The HSE said the concerns included poor surgical outcomes in spinal surgery, the use of a certain surgical technique and "the use of unauthorised implantable devices". CHI's own earlier reviews had looked at the care one consultant gave to 17 children who had complex spinal surgery. One of those children later died, and a number of others suffered significant complications after surgery. Two more families were affected by the unauthorised devices issue, so CHI met 19 families in total. The HSE also said a referral had been made to the Irish Medical Council about the consultant.

In February 2026 the HSE said Mr Nayagam had finished the first phase, a risk assessment, and that his review was continuing. He had looked at the care given to a sample of 91 children operated on by the consultant. He recommended further clinical follow-up for 62 of them, and their families were contacted. Dr Colm Henry, the HSE's Chief Clinical Officer, said these follow-up appointments "do not arise from any identified urgent risk or concern about individual patients". Their purpose is to check whether the intended benefits of the surgery have been achieved.

Could my child be part of the look-back?

The HSE has decided on a wider look-back at the individual consultant's practice. It covers patients the consultant operated on between 2016 and 2023. It includes all spinal surgery, limb reconstruction and surgical dislocation of the hip. It does not cover surgery in the areas of trauma and general orthopaedics. Mr Nayagam's review concerns the consultant's practice at CHI and at the National Orthopaedic Hospital, Cappagh.

In February 2026 the HSE said that details of how the look-back would be carried out were "under consideration". If you think your child may be affected, or you have questions, the HSE says you can contact the dedicated helpline:

• Freephone: 1800 807 050
• From outside Ireland: 00 353 1 240 8706

Keep a note of each call: the date, who you spoke to and what you were told. You may need it later.

Does CHI have to tell us if something went wrong?

The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 came into operation on 26 September 2024, apart from one section. Under section 5, when a health services provider is satisfied that a "notifiable incident" has happened while it was providing a health service to a patient, it "shall" hold a meeting to make an open disclosure of that incident to the patient or a relevant person, or both. This duty is subject to the Act's rules for cases where the family refuses to take part or cannot be contacted. The provider must make the disclosure even if not all the consequences have shown up yet, or not all the information about the cause is available. Notifiable incidents are the incidents listed in Schedule 1 to the Act or in regulations made under section 8.

The information and any apology given at an open disclosure meeting are not an admission of fault or liability. They are also not admissible in court as evidence of fault or liability in a clinical negligence action. So an apology at that meeting is not, on its own, evidence that decides whether there is a claim.

Much of the surgery under review was done before the Act came into force. Whether the Act applies to your child's case is a question for your solicitor.

How do we get our child's medical records?

Under the GDPR you have a right to ask the HSE for a copy of the personal data it holds about you. The HSE accepts a written request or its Subject Access Request form, sent to the hospital or service where the records are kept. The form asks for a description of the information you want, "including dates and locations of services involved", plus a copy of photo ID. If you are asking on behalf of your child, ask the hospital how it deals with requests made for a child. Records are usually the starting point for any complaint or legal advice.

How do we make a complaint?

The HSE complaints process is called Your Service Your Say. You can make a formal complaint by email to yoursay@hse.ie, by post, or by freephone on 1800 424 555. There is a separate feedback form for people under 18. The HSE asks you to set out what happened and when, who was involved, where it happened, your concerns, anything you have already done to resolve it, and what you want to happen now.

The process has four stages:

1. Stage 1: you raise it with a staff member, and a manager will try to deal with it within 48 hours.
2. Stage 2: a complaints officer investigates. Where there is a formal investigation, they will respond within 30 working days, or ask for more time and update you every 20 working days.
3. Stage 3: if you are not happy with the recommendations, you can ask for an internal review, which is done within 20 working days or you will be told it needs more time.
4. Stage 4: an external review by the Office of the Ombudsman or the Ombudsman for Children's Office.

A complaint can get you answers. The time limit legislation we read does not pause the court time limit while a HSE complaint is being dealt with, so keep the court deadline in mind while a complaint is going on.

Can we bring a claim for our child, and is there a time limit?

If your child was injured because their care fell below the standard it should have met, a claim for compensation may be possible. Your solicitor can look at the facts and the medical evidence with you. Our page on children's hospital orthopaedic negligence explains more, as does our page on public hospital (HSE) negligence claims.

The basic time limit. A personal injuries action caused by negligence or breach of duty "shall not be brought after the expiration of 2 years" from the date the cause of action accrued, or the injured person's "date of knowledge (if later)". The date of knowledge is when the person first knew that they had been injured, that the injury was significant, that it was attributable to the act or omission complained of, and who the defendant is. It includes what they could reasonably have found out, including with the help of medical or other expert advice that it was reasonable to seek.

For children, the clock usually waits until 18. The law treats a person as "under a disability" while they are an infant. The Age of Majority Act 1985 sets full age at 18. Where the injured person was under a disability when the right to sue arose, or at their date of knowledge, the action "may be brought at any time before the expiration of 2 years from the date when he ceased to be under a disability or died, whichever event first occurred".

Legislation has been passed that would set a 3 year limit for clinical negligence actions. The Law Reform Commission records that change as not yet commenced, so the 2 year period still applies.

Worked example. Aoife (a made-up name) had spinal surgery at age 11 and later had complications. She turns 18 on 10 May 2030. Under the disability rule, her action may be brought at any time before the end of 2 years from the date she ceased to be under a disability. The Interpretation Act 2005 has a general counting rule: where a period is reckoned from a particular day, that day is included in the period. That rule applies to other legislation except so far as a contrary intention appears. Counting her 18th birthday in this way, the 2 year period ends on Sunday 9 May 2032. If her birthday were not counted, it would end on Monday 10 May 2032. Either way, do not leave proceedings to the last weeks: your solicitor will confirm the exact date for your child.

Do not wait just because the deadline seems far off. Getting advice early gives your solicitor time to get the records and expert opinion.

The letter of claim. Separately from the court time limit, a person bringing a personal injuries action is expected to serve a written notice on the alleged wrongdoer, stating the nature of the wrong alleged, within one month of the date the cause of action accrued or the date of knowledge, if later. If this is not done without reasonable cause, the court hearing the action must draw such inferences as appear proper. Where the interests of justice require, it may also refuse costs to the person bringing the claim or reduce them. Legislation would exempt clinical negligence actions from this rule, but the Law Reform Commission records that change as not yet commenced. This is another reason to get advice early.

A claim can be made on behalf of a child before they turn 18. The Courts Service describes the "next friend" who acts for a child as usually a parent or guardian. If your child has already turned 18, or a claim concerns a death, the dates may be quite different. Get advice straight away.

Do we need court approval if CHI or the HSE offers a settlement?

Yes. Under the Rules of the Superior Courts, where damages are claimed by or on behalf of a child, no settlement or compromise is valid, as regards the child's claim, "without the approval of the Court". This also applies to an action settled on behalf of a child before trial. The child's birth certificate must be produced to the court. Money awarded to a child is dealt with as the court directs, for example paid into the High Court and invested there.

Explaining settlements reached through the Injuries Resolution Board for someone under 18, the Courts Service says a judge checks the settlement to make sure it is fair. The judge can increase it but cannot reduce it, and the approval is called an "infant ruling". The funds are held by the court, or in a trust fund, until the child turns 18. In certain circumstances the next friend can apply for part of the money to be paid out earlier.

Our page on mediation and other ways to settle a claim explains the options.

My child is still waiting for scoliosis surgery. Are there other routes?

The HSE lists options for public patients on a waiting list:

• Cross Border Directive: treatment in the EU or EEA that is available to public patients in Ireland. You pay first and then apply to the HSE to get back some of the costs. Your GP or consultant must make the referral.
• Northern Ireland Planned Healthcare Scheme: treatment in Northern Ireland in a private setting, on the same pay first and claim back basis, with a GP or consultant referral.
• Treatment Abroad Scheme (TAS): this covers the cost of planned treatment in the EU, EEA, the UK or Switzerland. The treatment must be within Irish law and must be either not available in Ireland, or "not available in the time normally necessary to get it in Ireland", taking into account your child's health and the likely course of their condition.

Important conditions for TAS:

• your child must be ordinarily resident in Ireland, which means living here and intending to live here for at least 1 year
• the referral must come from a public hospital consultant in Ireland who is treating your child and has assessed them in the 2 weeks before the application. GP referrals and self-referrals are not accepted
• the HSE must approve the application before you travel, so do not book appointments before you get a decision
• the HSE aims to give a decision on a completed application within 15 to 20 working days
• TAS does not cover travel, accommodation or food, though the HSE may help with reasonable, basic air or sea fares where appropriate. If the patient is under 18, the HSE will consider providing travel expenses if it approves the application
• if the application is declined, you can appeal within 3 months of getting the decision to the HSE National Appeals Service

This article was prepared on 14 October 2026 and cites the statute book, the revised acts and the court rules.

Sources

• S.I. No. 144/2026, Data Protection Act 2018 (Section 51(3)) (Children’s Health Ireland Inquiry into Spina Bifida and Complex Scoliosis Services Scoping Exerc.
• S.I. No. 142/2026, Data Protection Act 2018 (Section 38(4)(b)) (Children’s Health Ireland Inquiry into Spina Bifida and Complex Scoliosis Services Scoping Ex.
• Update on ongoing review of paediatric orthopaedic surgical services at CHI and NOHC.
• Statute of Limitations (Amendment) Act 1991.
• Statute of Limitations 1957, section 48.
• data.oireachtas.ie, main.
• HSE commissions external review into aspects of orthopaedic surgery at Children’s Health Ireland at Temple Street.
• Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023.
• assets.hse.ie, sarsform.
• Give feedback through Your Service Your Say.
• Stages in the Your Service Your Say process.
• Interpretation Act 2005, sections 4 and 18.
• Civil Liability and Courts Act 2004.
• Court Rules.
• Approving a settlement for someone under eighteen.
• Options available while on a hospital waiting list.
• Treatment abroad scheme.