The number of new care orders dropped substantially last year amid growing concern about the courts’ lack of sensitivity and delays in proceedings.
From last July, care orders started being issued by the courts instead of the family minister, following the implementation of the Minor Protection (Alternative Care) Act.
According to figures provided by the Family Ministry, 682 referrals of children were made to the Child Protection Services between January and June 2020 and 12 care orders were issued.
However, only two care orders were issued between July and December, des-pite 639 referrals. Not all referrals merit a care order.
In all, a total of 14 care orders were issued in 2020, down from 39 in 2019 and 50 in 2018.
Family Minister Michael Falzon sounded concern over a lack of flexibility and cooperation from the courts when it came to child protection issues.
Discussing amendments to the protection law in parliament earlier this month, he flagged the courts’ “lack of sensitivity” and expressed “frustration” about delays in court proceedings and decisions.
In comments to Times of Malta, a spokesperson said the minister was not the only one showing concern.
Delays are extremely detrimental to a child’s development
“All speakers – both from the government and opposition side – expressed concern over how court proceedings related to children’s issues were materialising,” the spokesperson said.
She added that “the new law specifically removes care orders from the realm of the politician and places them in the hands of the judiciary. This curb on the role of the politician, whoever that may be, was advocated from various quarters and there is general agreement that this was a step in the right direction.
“As to actual court proceedings, these are not to be interfered with, as requested by rules of good governance and questions are best referred to the courts,” she added.
When contacted, a spokesperson for the Justice Ministry said care order cases were “immediately” referred to magistrates presiding over the case and deliberations and decisions were at their discretion.
'Not in the child's best interest'
Falzon’s concerns about the court’s lack of sensitivity are mirrored by social workers.
“The time a care order is presented to court is a very delicate one, as it means that all other options have failed and there is an urgent need for timely intervention for children to be protected,” Charlene Martin, chair of the Maltese Association of Social Workers (MASW), said.
The association raised concern about cases that are dismissed by court, leaving children at risk of being sent back to the place of abuse.
Calling for more flexibility and cooperation from the courts, MASW commended social workers for their tireless work in keeping children safe and managing risks in the community “especially when the court does not fulfill its role in protecting” them.
Martin added that MASW was also worried about delays.
“Research shows that such delays are extremely detrimental to a child’s development. Courts need to act decisively and swiftly... deferring cases or dismissing them because of technicalities will continue impacting children negatively.
“Delays also exist because the law allows a case to take two whole years before a decision is taken on a child’s permanency plan. This is extremely unacceptable and not in the child’s best interest,” she said, adding that MASW hoped parliament will “drastically” reduce this timescale when discussing amendments to the Minor Protection Act.