Domestic violence victims have right to refuse risk assessment despite filing police reports

Social workers have witnessed an increase in the number of domestic violence victims who choose to undergo a risk assessment although continue to refuse the service.

The Foundation for Social Welfare Services registered a 33% increase in victims who opted for a risk assessment between January and June when compared to the same period last year.

The government foundation is responsible for Aġenzija Appoġġ, which operates the Domestic Violence Unit that gets involved whenever a victim files a police report.

Nonetheless, the foundation said one of the values adopted by social workers was “client self-determination”, which means victims have a right to refuse assistance, or even undergo a risk assessment.

“The risk assessment for domestic violence is a social service that is based on social work principles, one of which is client self-determination, where a person’s wishes and decisions about their own life are always respected,” the foundation said.

The foundation’s statement came in the wake of the Nicolette Ghirxi’s murder on Monday by her ex-partner although the statement made no reference to the specific case.

FSWS was ostensibly reacting to renewed criticism that the ‘system’ had failed Ghirxi despite she having filed police reports earlier in the year of online harassment. The police said on Monday in a crime conference that Ghirxi had however refused to undergo a risk assessment.

Ghirxi then filed a report just four days before her murder wherein she informed the police of her suspicion that her ex could be in Malta. This report was still being actioned by the time of her death.

READ ALSO: Women’s lobby says Ghirxi femicide a wake-up call for nationwide reforms

The FSWS said the majority of victims who file police reports choose to have a risk assessment but some refuse because they believe their case does not pose a threat to their lives.

The procedures when a risk assessment in domestic violence cases is done are outlined in the Criminal Code.

FSWS said that in 2023, Appoġġ carried out 1,317 risk assessments that concerned 1,104 people.

Between January and June this year, Appoġġ carried out 770 risk assessments that concerned 671 persons.

Meanwhile, FSWS CEO Alfred Grixti took to Facebook to urge victims to seek help, while countering the reactions of those who claimed the ‘system’ had failed Ghirxi.

FSWS CEO Alfred Grixti

Without referring to her particular case, Grixti said the investment in social care support had increased exponentially over the past decade and more victims were being helped today than ever.

“Contrary to what some are claiming about the famous ‘system’, it is not failing because we are spreading awareness and more persons are seeking assistance; this is what we want – more people seeking assistance. This is why I reiterate my appeal, ‘come forward, help exists; do not continue to suffer in silence… come forward,” Grixti said.