In May 2023, inclusion minister Julia Farrugia Portelli was behind the introduction of a register for people guilty of abusing disabled people. The result is that all care homes will have to check if prospective employees are on the register. The register would be similar to that for sex offenders, which organisations that deal with children are obliged to consult before employing someone. This latest registration system came about following a spate of allegations and convictions of carers abusing disabled residents.
The need for having in place a register in which those convicted of abusing elderly individuals appear has long been felt, but perhaps it has been introduced somewhat late in the day, despite a golden opportunity to do so back in 2014 when a law was enacted in order to amend the Criminal Code and develop a new sub-title to the Maltese Criminal Code entitled 'Of abuse on elderly or dependent persons'. Previously, there was no law dealing specifically with elder abuse. That enactment targeted all forms of abuse, irrespective of where such abuse takes place or by whom it is perpetrated. Since demographic projections anticipate a continuing ageing population, there is no doubt as to the timeliness and necessity of that legal enactment.
Subsequently, in 2016, another law was enacted that provided for the position of Commissioner for Older Persons. The main functions of the Commissioner for Older Persons include the scrutiny of alleged violations of human rights in cases of elder abuse as well as the evaluation of contemporary legislation and how such legislation affects the elderly.
It is clear, therefore, that our legislators had every opportunity to introduce an 'elderly abuse" offenders' register, which would list all offenders convicted of any form of elder abuse. Undoubtedly, such a public register creates a sense of security for the general public.
However, I contend that the manner and form of how, when, and by whom such a register is administered and maintained can definitely be enhanced to beef up that sense of security. Lately, I came across the contents and provisions of a particular law enacted in the US state of Alabama in March of 2022, entitled 'Shirley's Law'. It created that state's first adult abuse registry.
Known as "Shirley's Law," the statute is named after Shirley Johnson Smith, an older adult who was financially exploited by her caregiver. The statute requires the registry to include the names of anyone criminally convicted of elder abuse, neglect, or financial exploitation, anyone who has an elder protection order or a protection order involving an older adult or adult in need of services against them, and anyone found to have committed an act of "abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence" against an older adult or adult in need of protective services.
The adult abuse registry is defined as "a system for maintaining the identity of individuals who are found to have abused, neglected, or exploited seniors or adults (18 and older) with disabilities living in the community or in a facility". It is believed that such a registry mechanism can help prevent future access to vulnerable adults and the perpetration of adult abuse cases.
Ever since, a growing number of states around the globe have created adult abuse registries.
Coming back to our register mechanism, I opine that the Commissioner for Older Persons is best suited to maintain and upkeep the register.
The picture I get from current research is that the primary abusers of the elderly appear to be adult children and other family members, indicating that violence against elderly people occurs mostly at home. Consequently, I suggest that the mandatory reporting system in place be further enhanced for a holistic type of security and prevention of elderly abuse. A person who performs professional or official duties with respect to a senior, including a physician, nurse, dentist, pharmacist, psychologist, or other health care professional, a police officer, counsellor, social worker, member of the clergy, or care worker, or a member of the management of a hospital, home, or other institution that provides care for seniors, who, in the course of that person's professional or official duties, has reasonable grounds to suspect that a senior is suffering abuse, has suffered abuse, or faces a substantial risk of suffering abuse, should report the suspicion to the Commissioner qua Registrar together with the information upon which it is based.
Another improvement can take the form of residential facilities and all facilities working with older persons keeping a register of abused cases of older persons, an incident register, and a complaints register. The incidents register should be used to record all incidents or accidents regarding the residents, e.g., injuries as a result of a fall, bruises, pressure sores that do not heal, or a person coming back from a visit or hospital with new or untreated pressure sores. The incident, the staff's noticing and reporting it, the action taken to prevent further incidents, and the outcome of the action taken should be recorded.
Anyone convicted of sexual abuse of elderly persons should have his or her name entered in both the register for sex offenders and that for elderly abuse. This might sound quite logical, but it is best to have it enshrined in a legal provision.
Another clarification required is that of allowing family members or friends of vulnerable adults to have access to records and reports on the registry. This is necessary to prevent individuals on the registry from being hired by family members or friends who otherwise would have no prior knowledge of their past convictions.
Just as Malta has made inroads and registered progress in its fight against domestic violence, so too must it endeavour to raise more awareness of elderly abuse, which in itself is just a small branch of domestic violence, and counter its dire consequences. None of us will ever grow young again.