CAMHS Negligence Claims in Ireland*

When your child is referred to CAMHS, you expect a plan. You expect to be contacted, followed up with, and taken seriously. But for many families in Clare and across the country, the experience has been anything but structured or safe.

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The Mental Health Commission’s 2023 review laid bare just how unstable parts of the system have become. Files were lost. Medication went unmonitored. Care plans, where they existed, were sometimes so vague they were described as meaningless. In some areas, care was consistent and safe. In others, it was disorganised, under-resourced and unaccountable.

At Crimmins Howard Solicitors, we have spoken to parents who had to chase the service for answers, who were never told what their child was prescribed or why, or who found out too late that key reviews had never happened. These failings affect real children and real families trying to do the right thing while the system falters around them.

If your child was affected by delay, inaction or unsafe decisions within CAMHS, we can help you examine what went wrong, and whether it crossed the line into negligence.

Contact Crimmins Howard Solicitors today for a clear, confidential assessment. We’ll listen first, then guide you through your legal options.

What Is CAMHS Negligence?

Negligence happens when a medical or mental health professional fails to meet an acceptable standard of care, and that failure causes harm. In CAMHS, negligence can arise when a child or teenager is misdiagnosed, left without appropriate follow-up, or placed on medication that’s not properly monitored.

In some cases, the harm is physical: side effects from inappropriate prescriptions, worsening of untreated conditions, or even hospitalisation. In others, the harm is psychological: the erosion of trust, a sense of being ignored, or distress caused by being over-medicated or mislabelled.

CAMHS negligence doesn’t mean a service was imperfect. It means a service caused avoidable harm by failing to do what another professional would reasonably have done in the same situation.

Examples of CAMHS negligence may include:

Failing to follow up after a referral or discharge
No care plan in place or no key worker assigned
Prescribing strong psychiatric medication without proper review or physical monitoring
Ignoring a parent’s repeated concerns about worsening symptoms
Losing track of a child’s file or placing them on a waitlist with no safety planning
Misdiagnosing a mental health condition and providing treatment that made the situation worse

These are not just administrative issues. If the result is that your child suffered avoidable harm, physically, emotionally or developmentally, you may have grounds to take legal action.

At Crimmins Howard Solicitors, we don’t make assumptions. We review the facts, consult with independent medical experts, and help you understand whether what happened meets the legal test for negligence.

What Happened in South Kerry and Nationwide?

In South Kerry, more than 1,300 children were reviewed after it emerged that a single non-consultant doctor had been diagnosing and medicating young people without proper oversight. At least 46 children were found to have suffered significant harm. Dozens more were exposed to serious risk.

Children were placed on multiple medications without confirmed diagnoses. Some were kept on medication long after it should have been reviewed. Side effects included weight gain, extreme tiredness, emotional numbing, and stunted emotional development. In some cases, normal childhood behaviours were medicalised and suppressed rather than supported.

What’s striking is how many of these children simply disappeared from the system. Follow-ups didn’t happen. Files went missing. Parents were not kept informed. And crucially, the service lacked the safeguards needed to prevent this kind of harm.

While the South Kerry situation triggered national concern, families elsewhere have described similar experiences: referrals that led nowhere, overreliance on medication, and no continuity of care. Families affected by the recently announced North Kerry CAMHS compensation scheme can read more about that process on our dedicated page.

From a legal point of view, these cases often meet the test for negligence. It’s not about whether mistakes were made. It’s about whether the level of care fell so far below expected standards that harm could have been avoided.

The legal threshold is high, but where a child was misdiagnosed, overmedicated, or left without appropriate support, it may well be crossed.

At Crimmins Howard Solicitors, we don’t make assumptions. We look closely at what happened in your child’s case, and we help you understand whether the system’s failure amounted to a breach of its duty of care.

Can I Make a Claim for CAMHS Negligence?

To bring a medical negligence claim in Ireland, whether against CAMHS or any other healthcare provider, three things must be proven:

Duty of care: CAMHS, as a HSE-run service, had a responsibility to provide your child with safe, appropriate care. This is not in dispute. Once your child entered the system, even at referral stage, that duty applied.
Breach of duty: This means something went wrong. The care fell below the standard expected of a competent mental health professional. Examples include a failure to assess a child properly, placing a child on medication without clear diagnosis or review, or not following up after a referral or discharge. The legal question is whether another professional, in the same situation, would have acted differently.
Causation: It’s not enough to show that the care was poor. You also have to show that the poor care caused harm. That could be physical harm from incorrect medication, psychological harm from being mislabelled or ignored, or developmental harm caused by missed intervention. If the child would have suffered the same outcome anyway, the claim may not succeed. But if better care would have prevented deterioration or distress, the case may meet this test.

The strength of each case depends on evidence. That includes your child’s records, your own observations, and an expert medical opinion.

At Crimmins Howard Solicitors, we help parents and guardians understand whether these three legal conditions apply. We’ll give you a straight answer, whether the case can proceed or not, and if it can, we’ll guide you through every step.

Types of CAMHS Failures That May Lead to Claims

Every child’s experience with CAMHS is different, but across the country, certain failures have appeared again and again. If your child’s mental health deteriorated while in the care of CAMHS, and any of the issues below apply, it may point to medical negligence.

These are the types of service failures we most commonly investigate:

Incorrect or delayed diagnosis: Children mislabelled or left without any formal diagnosis despite ongoing symptoms.
Unmonitored psychiatric medication: Medication prescribed without appropriate review, blood tests, or tracking of side effects.
Overmedication or polypharmacy: Children placed on multiple medications at once without a clear clinical basis.
Missing or inadequate care plans: No written plan for treatment, or care plans that contained little more than a few generic words.
Lack of assigned key worker: Families left without a single point of contact responsible for coordinating care.
Missed follow-up after discharge or referral: Children lost to follow-up, sometimes for months or even years.
Inadequate response to crisis or risk: Failure to act on reports of suicidal thoughts, self-harm, or behavioural escalation.
Medication given without informed consent: Parents not informed about risks or not consulted on significant medication decisions.

Not all of these issues will amount to legal negligence on their own. But when a combination of these failings results in actual harm, a strong legal case may exist.

At Crimmins Howard Solicitors, we look at the full picture. If something was missed, ignored or done poorly, and it had serious consequences for your child, we’ll help you find out if it crossed the legal line.

What Evidence Do I Need?

To bring a successful CAMHS negligence claim, the case must be based on solid, factual evidence. At Crimmins Howard Solicitors, we handle the evidence-gathering process for you. But it helps to understand what types of records are most important.

You may need:

CAMHS clinical records, appointment notes, medication charts, psychiatric assessments, care plans (if any), and communications with other professionals
GP referral letters and notes, showing when concerns were raised, what referrals were made, and how symptoms were described
Medication records, including prescriptions, dosage history, and any evidence of physical side effects or monitoring
Discharge summaries or follow-up plans, or proof that none were issued
Your own written account, including dates, symptoms, appointments missed, and what you were told at each stage
A statement from your child (where appropriate), particularly if they experienced side effects or distress
Expert medical opinion, a consultant psychiatrist’s report stating whether the care provided met acceptable standards, and whether the failings caused harm

If any records are missing or hard to access, we’ll help you get them. We liaise directly with hospitals, clinics and GPs to obtain the full file and ensure nothing important is overlooked.

Our role is to build a complete picture of what happened, and whether that care amounted to negligence in the eyes of the law.

What Can Compensation Cover?

Compensation in a CAMHS negligence claim is not about putting a price on your child’s health. It’s about providing support for the impact the negligence has had, and will continue to have, on their life.

If your claim is successful, the amount of compensation will depend on the specific harm your child has suffered. This may include:

Pain and suffering: This is known as general damages. It covers the emotional and psychological distress caused by misdiagnosis, inappropriate medication, or being left without care during a vulnerable time.
Medical expenses: Including the cost of private therapy, psychiatric treatment, medication reviews, or expert consultations that were needed due to earlier failings.
Educational support: If your child missed school, fell behind, or now needs special assistance due to the harm caused, these costs may be included.
Future care needs: If long-term support, counselling or interventions will be needed as a result of the damage, these can be factored in.
Parental expenses: This can include travel costs, lost income from time off work, and other out-of-pocket expenses directly related to the harm.

Every case is assessed individually. There are no fixed sums or automatic payments. At Crimmins Howard Solicitors, we work with specialist medical and financial experts to calculate what a fair settlement should look like for your child and your family.

Our goal is not just to secure compensation, but to make sure it reflects the full impact of what happened.

Frequently Asked Questions

What is CAMHS and who runs it?

CAMHS stands for Child and Adolescent Mental Health Services. It is operated by the HSE across Ireland and provides specialist mental health support to young people under 18. This includes psychiatric assessment, diagnosis, treatment and follow-up, often involving a team of clinicians such as psychologists, psychiatrists, and social workers.

Does a bad experience automatically mean I have a claim?

Not necessarily. A legal claim requires proof that CAMHS breached their duty of care and that this directly caused harm. A delay, disagreement, or unsatisfying experience doesn’t always reach that legal threshold. We’ll assess whether what happened was simply poor service, or actual negligence under Irish law.

My child was given the wrong medication. Is that enough to claim?

It could be, especially if the medication caused side effects or long-term harm. However, we’ll need expert medical evidence to confirm that the prescription was inappropriate and that it caused damage that could have been avoided.

Can I claim even if my child is now an adult?

Yes. In most cases, the two-year time limit starts when your child turns 18. That means they typically have until age 20 to begin a claim. If the harm was only recently discovered, the timeline may be extended, but legal advice should be sought without delay.

Will I need to go to court?

Not always. Many CAMHS negligence claims are resolved through negotiation before reaching a courtroom. However, if the HSE denies liability or disputes the harm caused, a hearing may be needed. We prepare every case thoroughly from the outset in case that becomes necessary.

How long do these claims usually take?

That depends on the complexity of the case and whether the HSE admits fault. Straightforward cases can resolve within 12 to 18 months. More complex claims may take longer, especially if they involve detailed psychiatric evidence or long-term care projections.

Will my child have to give evidence?

Not usually. In many cases, your child’s medical records and expert reports will form the basis of the claim. If the case proceeds to court, we work to ensure minimal disruption and emotional impact, particularly where the child is vulnerable.

Can I claim legal costs if successful?

Yes. In Ireland, the general rule is that the losing party pays the other side’s reasonable legal costs. If your claim is successful, most or all of your costs may be recoverable from the defendant.

What if my child’s care was shared between CAMHS and private professionals?

We’ll review the entire care history. If harm resulted from failings in both systems, we’ll determine how liability may be split or whether a single provider was primarily responsible.

Speak to Us

If your child was let down by CAMHS, you’re not alone, and you’re not powerless. At Crimmins Howard Solicitors, we offer clear, compassionate advice to help you take the next step. Contact our team today for a confidential consultation. We’ll listen, we’ll guide, and we’ll help you understand where you stand.