Professionals who report suspected cases of child abuse should be protected from legal liability even when such concerns are not substantiated, according to the Maltese Paediatrics’ Association.

“This would further empower professionals to engage in their delicate work,” the association said in a statement released to mark International Day for the Protection of Children yesterday.

Professionals who come in contact with children are not legally obliged to report abuse or neglect to the Child Protection Services that falls under government support agency Appoġġ.

But the Child Protection (Out of Home Care) Bill is now proposing mandatory reporting.

The 2012 Protection of Minors Act obliges anyone who works in “a relevant entity” to report abuse to the police. A relevant entity is defined as an institution that provides services involving “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 suggests making it compulsory by law for professionals who come into contact with children to report abuse to the Child Protection Services (not to the police).

The subject of mandatory reporting was explored in a dissertation by lawyer Daniela Azzopardi Bonanno who found that, to be successful, the system had be accompanied by proper training to ensure professionals recognised abuse and did not report frivolous cases. The association agreed with this point stressing: “Recent amendments to Maltese law, such as the banning of physical chastisement, are positive steps... However, without clear education, the public will remain unaware of their obligations to safeguard children.”

Without clear education, the public will remain unaware of their obligations to safeguard children

It noted that the Bill was still in draft form, a year after being first presented in Parliament.

A spokeswoman for the Social Solidarity Ministry said the draft law was being discussed with several stakeholders with the aim of changing and clarifying a number of aspects in view of concerns regarding the role of such stakeholders in child protection within the proposed new system.

The association yesterday called on the government to place the safeguarding of children at the top of its agenda because the law was one of the essential steps needed in providing a more robust system for safeguarding children.

“The multi-agency professionals in Malta have long recognised lacunae in the legislation, which hinders their response to child maltreatment. The association advocates for a parallel increased investment in improving the current safeguarding services, particularly both within health and social care,” it said.

For this to be successful, social services needed to be better equipped in order to handle referrals in a more timely fashion.

This required more investment in human resources and improved working conditions, the association said.