A primary school teacher raised the alarm that one of her students was being sexually abused after the girl inadvertently strayed into the area below the belly of the man while colouring in a drawing.
The drawing was sent to the government’s Child Protection Services where social workers, accustomed to “much more explicit drawings” by abused children, immediately realised there was no connection with abuse, newly-graduated lawyer Daniela Azzopardi Bonanno wrote in her dissertation.
This incident, which emerged during her research, illustrated how mandatory reporting of child abuse must be accompanied by proper training – to ensure professionals recognise abuse and do not report frivolous cases.
At the moment professionals who come into contact with children are not legally obliged to report abuse or neglect to the CPS that falls under government support agency Appoġġ. This form of mandatory reporting is being proposed in a Bill on the protection of children that is being reviewed, before being discussed in Parliament.
The law – through the 2012 Protection of Minors Act – currently obliges anyone who works in “a relevant entity” to report abuse to police.
The relevant entity is an institution that provides any service that involves “the education, care, custody, welfare or upbringing of minors”. This means that professionals, such as doctors or nurses who do not work with such institutions are not covered by the definition.
The Bill – and the subject explored by Dr Azzopardi Bonanno who was involved in drafting the Bill – suggests making it legally compulsory for professionals who come into contact with children to report abuse to the CPS (not to police).
“The aim is the best interest of the child – to get the child in a safe environment. So a report to CPS would ensure this happens and, if necessary, they will call in the police,” Dr Azzopardi Bonanno said.
In her thesis – entitled ‘Mandatory reporting: What are the implications of making reporting child abuse mandatory?’ – the 25-year-old explored the implications of introducing this form of reporting.
She interviewed several people who come into contact with children – including a member of the judiciary, doctors, a social worker and a police officer.
The majority agreed with mandatory reporting for professionals but insisted this should be accompanied by proper training and investment.
The member of the judiciary said: “One has to be cautious because there are a considerable number of cases that I see that are fictitious, especially in cases of personal separation.”
The judiciary member added that there was the concern too many reports would be filed as professionals feared legal repercussions.
This was echoed by the CPS representative who was concerned there would be “an inundation on the services that cannot cope with the demand… with more reports, there will be longer waiting lists.”
The police officer was concerned that forcing professionals to report would discourage victims from opening up to them – as they feared police would be brought in.
In her research, that included reviewing what happened in foreign jurisdictions Dr Azzopardi Bonanno concluded that the implications of introducing mandatory reporting depended on the investment that would accompany this introduction. “If mandatory reporting is only introduced legislatively… the implications may be disastrous,” she said.
However, she added, literature showed there would be a spike in reporting that would eventually settle “so we have to look at long-term effects” – services would be coordinated, professionals would know their responsibilities and there would be early intervention in situations of child maltreatment.
“Early intervention would mean that children’s well-being is safeguarded earlier, possibly saving the child from more traumatic experiences,” she said.
Safeguarding
All professionals who work with children should be trained in safeguarding, according to a research paper published in the Malta Medical Journal.
The paper, written by Kevin Borg and Deborah Hodes, looked into international research on the outcomes of physical punishment on children. Dr Borg is a Maltese medical doctor specialising in paediatrics and is one of the members on the Curia’s Safeguarding Commission launched in January.
In February last year Malta banned any form of physical chastisement of children, such as smacking.
In the paper the researchers noted that the next challenge was implementing the law and keeping in mind that other forms of discipline could amount to equally damaging abuse.
Professionals had the important role of educating parents and listening carefully to what children said – and take any necessary action.
“Training in safeguarding children is essential for all professionals who come in contact with children and families…. this is especially relevant in Malta where mandatory reporting for child maltreatment has been put forward in a recent Bill… making safeguarding children everyone’s responsibility,” the researchers concluded.