Mandatory reporting : what are the implications of making reporting child abuse mandatory?

Abstract

Mandatory reporting is the concept whereby particular individuals, often professionals in contact with children, are obliged by law to report knowledge or strong suspicions of situations of child abuse or neglect. Literature, academia and most experienced professionals are in agreement with mandatory reporting as a concept; disagreement is expressed with regard to the implications of this legal concept. Therefore this thesis studies academic literature, in order to elicit a number of repercussions that were experienced by legal systems that already have mandatory reporting within their law. This will be supplemented by a number of interviews with key professionals to share their concerns and recommendations for applying this legal concept in the Maltese scenario. This thesis first outlines Maltese legislation as it stands now prior to the introduction of mandatory reporting, as well as applicable policies, protocols and unwritten procedures being undertaken by professionals working in the field of child protection. It also studies related judgments delivered between 2006 and 2013. This perspective stands in comparison to the international perspective explored in chapter 3, wherein a number of international legislative instruments were studied, as well as four legal systems which have either already adopted mandatory reporting or are currently debating its introduction and its pros and cons. The thesis then moves onto an examination of foreseeable difficulties as explained in chapter 4 and concludes with a number of recommendations in chapter 5. The implications of mandatory reporting depend very much on the framework, strategy and investment provided at its introduction and subsequent stages. Particular to the Maltese scenario, in order for mandatory reporting to have positive effects, heavy investment in the area of child protection is a pre-requisite. Introducing mandatory reporting in the current structure of services may bring about more negative implications in the long-term. Ultimately, the primary aim of mandatory reporting is and should always be to uphold each individual child’s best interest. The best intent of mandatory reporting should be to lead to early interventions to help that particular child earlier and possibly to prevent further abuse, neglect, and trauma. Mandatory reporting presents a conflict in the competing interests but the State is under a duty to safeguard the interests of the most vulnerable, the child victim of abuse and neglect.