Protection Of Adults In Situations Of Vulnerability | Part 2: From Investigation To Court Order

Introduction

In the first part of this series, we examined the Protection of Adults in Situations of Vulnerability Act (Chapter 659 of the Laws of Malta) (“the Act”), focusing on the objectives of the legislation, the adults it seeks to protect and the institutional framework established to support its operation.

This second article considers how the framework operates once concerns are reported. It examines the investigative process, the assistance and protective measures available under the Act, and the procedures through which they may be ordered, reviewed and enforced.

From Report to Investigation

Once a report is received under the Act, the Director for the Protection of Adults in Situations of Vulnerability (“Director”) must determine whether there is sufficient reason to believe that the adult is suffering, or is likely to suffer, significant harm. Article 10 of the Act provides that the determination must ordinarily be made within 5 working days, subject to the shorter timeframe applicable in cases of emergency.

Where the Director determines that there are sufficient grounds to proceed with an investigation, the matter may be referred to the Joint Committee for an investigation to determine whether the adult is in need of assistance or protection. In carrying out its functions under Article 11, the Joint Committee may assess the adult’s condition, circumstances and needs, together with the factors identified in that Article. Investigations are generally to be completed within 30 working days, although the Act permits the Director to extend this period by up to a further 60 working days where justified by the circumstances.

During the investigation, the Joint Committee may interview the adult and other relevant persons, request assessments and obtain professional reports and require the production of information and documentation. The Joint Committee must communicate with and interview the adult in order to ascertain the adult’s will and preferences, and the adult may be assisted by support persons or personal assistants during interviews.

Where the investigation cannot be carried out effectively through voluntary cooperation, the Director may apply to the Court of Magistrates for orders facilitating the investigation. These may include orders granting access to the adult or the premises where the adult resides, requiring the production of information or records, or regulating the manner in which interviews are conducted.

Assistance Through Consent

Where an investigation concludes that an adult is in need of assistance or protection, Articles 16 to 18 provide the framework for the assistance that may be offered. The Director must work with the Joint Committee, the adult and relevant stakeholders to develop an Individualised Support Plan based on person-centred planning. The Individualised Support Plan sets out the assistance to be provided, having regard to the adult’s needs, will and preferences and the investigation’s findings.

Assistance may be arranged where the Joint Committee has concluded that the adult is in need of assistance, the assistance is provided in accordance with the Individualised Support Plan, and the adult consents to its provision, while making use of any safeguards for personal autonomy available under the Civil Code. Depending on the circumstances, assistance may include counselling, therapy, residential accommodation, legal counsel, financial management services and other support measures.

The Act also permits the Director, where appropriate, to apply to the Civil Court (Family Section) for an order requiring a person who is legally liable for maintenance to provide maintenance to the adult.

Judicial Protection Where Assistance Is Insufficient

Where the Director has reasonable grounds to believe that an adult is in need of protection, Part V of the Act permits an application to be made to the Court of Magistrates for the issuance of a Protective Intervention Order. A Protective Intervention Order is the principal protective measure under the Act, enabling the Court to intervene where consent-based assistance is insufficient to protect the adult from significant harm. Before filing the application, the Director is generally required to give at least 15 days’ notice to the adult, any support person appointed in relation to the adult’s personal autonomy, and any person against whom the Order is sought. Each of those persons is entitled to make submissions before the Court determines the application.

In determining the application, the Court must be satisfied that the adult is in need of protection, that the intervention is necessary, and that it represents the least intrusive option reasonably available. The Court must also have regard to the adult’s rights, will and preferences.

Where those requirements are satisfied, the Court may issue the order that best addresses the adult’s needs and interests. Depending on the circumstances, the Order may provide for the adult to receive specified assistance, place the adult under the Director’s supervision, require the adult’s relocation to a safer environment, restrict contact or interference by particular persons, prohibit interference with the adult’s estate, or require a person who is legally bound to provide maintenance to do so.

A Protective Intervention Order remains in force for a maximum period of 12 months and is subject to periodic review under the Act. The legislation also makes clear that supervision or care provided under Article 20 does not affect the adult’s legal capacity, which continues to be governed exclusively by the Civil Code.

Emergency Intervention

Article 26 establishes a separate procedure for situations requiring immediate intervention. Where the Director has reasonable grounds to believe that there is a considerable risk of immediate harm to an adult who is, or may be, in need of protection, the Director may, after informing the Permanent Secretary and obtaining an Emergency Intervention Order from the Court of Magistrates, urgently apply for the removal of the adult from the source of potential harm or, with the assistance of the Executive Police, for the removal of that source from the adult’s proximity.

Where an adult or the source of potential harm is removed pursuant to an Emergency Intervention Order, the Director must apply for a Protective Intervention Order within 24 hours unless the emergency measures have already been reversed.

Ongoing Review of Protective Measures

The Director must continue to involve the adult and any persons supporting the adult in actions planned or taken under the Act and must communicate information concerning those actions in writing and in an accessible manner.

Part VII requires the Director to cause Individualised Support Plans and any assistance or protective intervention to be reviewed following their implementation. Reviews must take place in accordance with the relevant Plan or Protective Intervention Order and, in any event, at intervals not exceeding 6 months. They are conducted by the Joint Committee, assisted where appropriate by health and social care professionals, with the involvement of the adult, any support persons or personal assistants, and relevant stakeholders where necessary.

The Director must also cause a review to be carried out where there has been a material change in the adult’s needs or circumstances, or where the adult, or a support person appointed for the purposes of the adult’s personal autonomy, requests a review on grounds considered reasonable by the Director. Where the Joint Committee concludes that there has been a material change in the adult’s needs or circumstances, the Director must adjust the Individualised Support Plan accordingly and may apply to the Court of Magistrates to vary, renew or revoke any Protective Intervention Order.

An adult who is subject to a Protective Intervention Order, or a support person appointed for the purposes of the adult’s personal autonomy, may apply to the Court of Magistrates for the Order to be varied, renewed or revoked where there has been a material change in the adult’s needs or circumstances.

Decisions relating to Protective Intervention Orders may also be appealed in accordance with the Act, with specific provisions ensuring that adults who may otherwise lack procedural capacity are able to participate and seek redress.

Clearance Certificates and Employment Safeguards

Part X of the Act introduces a clearance certificate regime for individuals providing services specifically aimed at supporting adults in situations of vulnerability. The regime will require specified employees, volunteers and self-employed persons working in these sectors to satisfy vetting requirements before undertaking such work.

The Act also establishes a Register of persons convicted of certain offences. Persons entered in the Register are prohibited from undertaking the categories of work identified in Article 38 and any clearance certificate previously issued may be revoked accordingly.

Although these provisions are not yet in force, organisations operating within the health, social care and voluntary sectors should consider whether their recruitment and safeguarding procedures may require revision before the regime becomes operative.

Supporting Safeguards

Part VIII of the Act contains general provisions concerning liability, confidentiality and offences. These include protections from liability for health and social care professionals and institutions, and their staff, where necessary treatment is provided in good faith and without negligence to an adult who is, or may be, in need of assistance or protection.

The Act also imposes confidentiality obligations on those involved in its administration. Confidential information collected in the administration of the Act may only be disclosed in the circumstances provided for by the legislation, including where authorised by the Director, with the consent of the person or persons to whom the information pertains, where required for the administration of the Act, in the course of specified judicial proceedings, or as otherwise permitted by the Act or subsidiary legislation.

Part VIII further creates offences relating to the obstruction or hindrance of persons conducting investigations, failure to comply with the requirements of a Protective Intervention Order, and other contraventions of the Act or subsidiary legislation for which no separate penalty is provided.

Conclusion

The provisions examined in this article establish a clear route from the receipt of a report to the implementation and review of assistance or protective intervention. Their operation will require those exercising functions under the Act, as well as organisations affected by the clearance regime, to adapt their practices to the new statutory requirements while ensuring the adult remains at the centre of the process.

The third and final article in this series will examine the Act’s Personal Autonomy framework, including the appointment and role of support persons, Personal Autonomy Safeguards Orders and the supported decision-making mechanisms introduced by Act XIII of 2026.

[1] The Joint Committee is established under Article 8 of the Protection of Adults in Situations of Vulnerability Act and is composed of the Director, a health and social care professional, a social worker, a lawyer and a representative of the Executive Police. Its functions are discussed in Part 1 of this series