Performance Audit Report: Tackling Domestic Violence

Domestic Violence, by its very nature, is a largely hidden and under-reported problem. While this problem was traditionally considered to be a private matter between family members, the perception on this issue has since shifted considerably and is presently considered to be a prevalent social challenge which effects a significant segment of the local population. In view of this consideration, the National Audit Office (NAO) has carried out a Performance Audit to assess Government’s role in addressing domestic abuse. Due to the multi-faceted nature of the issue at hand, this Office reviewed the operational systems of seven government entities which it considers as primary stakeholders in this issue. More specifically, this audit included a review of the Commission on Domestic Violence, Appogg, the Police Department, the Courts of Justice, the Department for Probation and Parole, the Health Department and the Education Directorates.

Of the more salient identified shortcomings, NAO observed that, while some of the reviewed departments did communicate with one another on operational considerations, an evident lack of a coordinated approach between all the reviewed entities was noted. This concern is further compounded by a prevalent shortage of resources allocated to tackle this social concern across all reviewed entities. Another particular shortcoming observed by the Office is that not all of the reviewed stakeholders keep electronically stored comprehensive and readily available information on the issue at hand, making the process of quantifying this social problem an even more onerous task than it already is by its very nature.

Through the individual analysis of the reviewed entities, this Office also observed a number of entity-specific concerns.  The first of these relates to the fact that, in view of the aforementioned  lack of resources, the Commission on Domestic Violence is hindered to fully shoulder its responsibilities, such as: the organisation of awareness campaigns on all aspects of this problem; the harmonisation of data related to domestic abuse; and working towards legislative alignment between the recently ratified Istanbul Convention and Maltese law.

In reviewing Appogg’s operations, NAO noted that while the Agency’s Domestic Violence Unit provides high-risk cases with the necessary assistance in a timely manner, other low-risk cases are assigned to a waiting list due to staff shortage. It was also observed that, while the Ghabex Emergency Shelter’s capacity is sufficient to cater for normal accommodation demand, this capacity is often considerably strained when successful awareness campaigns are carried out. Furthermore, NAO is significantly concerned on the lack of services the Agency offers to male victims and female perpetrators. While the Agency asserted that domestic abuse should be tackled through a gender-based approach (that is, assisting female victims and addressing male perpetrators), NAO contends that such a limited approach does not comply with the Domestic Violence Act (Chapter 481 of the Laws of Malta) which identifies a broader definition of domestic violence.

During its review, NAO also observed that, although some training on domestic abuse is provided by the Police Department to its employees, not all officers are in a position to benefit from continuous training due to pressing exigencies of the Force. This Office observes that such a situation may retract from the quality and uniformity of service provided throughout the Police Force. Shortcomings were also observed in the operational systems of the Courts of Justice, namely that: the relevant documentation was not kept in electronic format; plaintiffs and accused wait for their cases to be heard in the same waiting area, which is very limited in size with no effective means to safely separate the two; and the immediate proximity of the teleconferencing room with the actual Court room retracts heavily on the possible benefits of such a measure. This Office is also concerned that convicted perpetrators who are handed a probationary period by the Courts, are normally informed by the Department for Probation and Parole prior to the latter carrying out inspections. This practice, NAO opines, may present risks of perpetrators deceivingly refraining from their abusive behaviour during the period leading up to the inspection visit to skew results in their favour. NAO also observed that Health Centres do not keep a comprehensively recorded electronic database of the cases of domestic violence they tend to, while Mater Dei Hospital lacks an adequate area in which it could accommodate children of individuals admitted for care following a domestic abuse incident. This Office also noted that, although the Education Directorates endeavour to give this social issue its due attention, they lack the required resources to approach this social concern comprehensively.

In this Report, these issues are comprehensively addressed along with others.  A number of recommendations also feature in this study.