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 of the experienced professionals are in agreement with mandatory reporting as a concept; disagreement is expressed in regard to the implications of mandatory reporting. This paper outlines academic literature in order to elicit a number of negative repercussions that were experienced by legal systems that already have mandatory reporting within their law.
This paper first outlines Maltese legislation as it was prior to the introduction of mandatory reporting as well as the provision introducing mandatory reporting into Maltese legislation in 2017. This perspective stands in comparison to the international perspective explored wherein a number of international legislative instruments are studied and legal systems which have either already adopted mandatory reporting or are currently debating its introduction and the reasons for it and against it. The paper examines foreseeable difficulties as explained above and concludes with a number of recommendations.
The implications of mandatory reporting depend very much on the framework, strategy and investment it is introduced in. Ultimately, the primary aim of mandatory reporting is and should always be to uphold each child’s best interest. The best motivation of mandatory reporting should be to lead to early interventions to help that particular child earlier and possibly to prevent further abuse or 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 maltreatment.
