The HSE says any decision about extending eligibility for the Kerry CAMHS compensation scheme is a matter for government.
The compensation scheme was established last year for individuals treated by South Kerry CAMHS who the Maskey Report identified as having been caused harm.
The report by Dr Sean Maskey found significant harm was caused to 46 children as a result of their care by South Kerry CAMHS.
The Maskey Report also found 240 children were put at risk of harm as a result of their treatment.
The compensation scheme for these patients is currently not available for patients who were treated by CAMHS in other parts of Kerry, or outside the county.
A lookback review is currently underway into the care at North Kerry CAMHS, after 16 patient files from a random audit of 50 sample files raised potential concerns about treatment.
Radio Kerry understands the families of three patients of North Kerry CAMHS, who have received apologies from the HSE for the care they received, have issued High Court proceedings against the HSE as they are excluded from the current compensation scheme.
Radio Kerry understands more families of North Kerry CAMHS patients, who have received apologies from the HSE, are also considering issuing legal proceedings.
The HSE says any decision about extending eligibility for the compensation scheme for patients identified in the Maskey Report would be a matter for government.
It adds it cannot pre-empt the finding of the lookback review into North Kerry CAMHS, i.e. whether it will make any determination of harm.
Last month, Dr Colette Halpin, a consultant CAMHS psychiatrist, was appointed to lead this lookback review into the care of children and young people at North Kerry CAMHS.
The first phase will review all files open in North Kerry on November 21st 2022 - approximately 300.
The HSE says any decision about compensation on foot of this review being published would also be a matter for government.
