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Introduction
A scoping exercise into Spina Bifida and complex Scoliosis services in Children's Health Ireland (“CHI”) has recommended a Commission of Investigation be carried out into the controversies surrounding surgical delays and patient care.
The Report recommended this approach rather than a public tribunal-style inquiry into the issues.
Government Response
The Government, in accepting the recommendations of the independent facilitator, Remy Farrell SC, said: "the Government has accepted the report’s recommendations in full. Officials in the Department of Health will work in close consultation with the Office of the Attorney General on drafting the terms of reference for the proposed Commission of Investigation.”
However, some family and patient advocacy groups have expressed concern that the investigation will take place behind closed doors, instead of via a public inquiry.
Background
The proposed investigation is intended to examine issues relating to spinal services, waiting lists and aspects of care delivery affecting children with scoliosis and spina bifida. The scoping exercise began on 4 March 2026, following the Government’s decision in November 2025 to establish a statutory inquiry into the delivery of spinal services to children.
The report, published on 28 September 2026, recommends that the commission examine four areas including:
Waiting lists and delays in accessing treatment
The management of spinal care services
Issues relating to hip dysplasia treatment
The care provided to a group of patients referred to as the "Crumlin Orphans".
The report states that a Commission of Investigation would primarily conduct its work in private, citing the sensitive nature of medical treatment involving children and the need to encourage participation from affected families.
A number of patient advocacy groups, including the Spina Bifida and Hydrocephalus Paediatric Advocacy Group and the Scoliosis Advocacy Network have expressed concerns regarding the proposed format and scope of the investigation and have called for a more public process.
Next Steps
The Government has accepted the report's recommendations and will now work on drafting Terms of Reference for the proposed Commission of Investigation. These Terms of Reference will define the scope of the investigation and the issues to be examined.
If you are concerned about treatment received by you or your child in relation to scoliosis, spina bifida or related spinal conditions, it may be advisable to:
Obtain copies of relevant medical records and correspondence
Retain documentation concerning appointments, treatment and waiting times
Seek independent legal advice regarding your circumstances
Why Choose Lavelle Partners?
Spina Bifida and Scoliosis injury claims can be complex and require careful investigation, often involving specialist medical and legal expertise.
At Lavelle Partners, our dedicated Medical Negligence & Personal Injury Team have extensive experience advising on complex healthcare matters. We provide clear, practical advice tailored to each client's individual circumstances.
Related Articles
For further details, please see our previous articles covering key developments on Spina Bifida and Scoliosis Services:
Spina Bifida & Scoliosis Services Update: Statutory Public Inquiry
Temple Street Scoliosis Surgeries Controversy: HIQA Publishes Report
External Medical Review for Spina Bifida Patients at Temple Street Hospital
Temple Street Spinal Surgeries Controversy: Recent Developments
Further Information
For expert legal advice, or if you have concerns about the treatment your child received, please contact Avril Scally or Grace Molloy in our award-winning Medical Negligence & Personal Injury Team.
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