Information on Legislation and Best Practice
This section aims to give more information on different pieces of legislations and best practice guides from a variety of sources. Many organisations are not aware of their own best practice guides let alone the legislation that surrounds using the services of an interpreter. Interpreters may also not be aware of the legislation and best practice guidelines so hopefully this will be a useful resource for stakeholders in a variety of settings.
DDA
The DRC clearly sets out why the Disability Discrimination Act (1995) makes it unlawful to discriminate against disabled people and outlines what constitutes ‘reasonable adjustment’ when providing services for Deaf people. Guidance has been created on the use of BSL/English interpreters and the DDA on the RNID website in English.
NHS
Guidelines on provision of interpreters within the Health Service are clearly laid out in ‘Doubly Disabled: Equality for disabled people in the new NHS Access to Services’, NHS Executive 1999:
where a deaf person uses British Sign Language, check if they require a BSL Interpreter for meetings, interviews, or consultations. Qualified BSL interpreters should be used in any situation where complex and /or technical information needs to be communicated, such as in formal consultation with medical staff. (p32)
qualified and accredited interpreters minimise the risk of misunderstanding… and are bound by a professional code of practice which includes confidentiality about assignments. (p33)
Many hospital departments, agencies and interpreters themselves are not aware of this policy document.
Mental Health
The Mental Health Act (1983) Code of Practice (1:4) states:
Local and Health Authorities and Trusts should ensure that ASWs, doctors, nurses and others receive sufficient guidance in the use of interpreters and should make arrangements for there to be an easily accessible pool of trained interpreters.
The ‘Sign of the Times The National Strategy for Modernising Mental Health Services for People who are Deaf’ consultation paper has begun to address the issues regarding the use of appropriately qualified interpreters within the field of mental health. ( Sign of the Times: Modernising Mental Health Services for people who are Deaf; Department of Health 2002)
The DoH has also published the Towards Equity and Access Report: http://www.dh.gov.uk/assetRoot/04/10/40/05/04104005.pdf concerned with access within Mental Health.
RNID Standards
Best practice Standards: Social Services for Deaf and Hard of Hearing People
This document was jointly produced by ADSS, BDA, LGA and RNID in July 1999. The full English version is now available to download. The standards have also been produced in Welsh and are available as a bilingual document from RNID Wales.
http://www.adss.org.uk/committee/disabilities/deaf/deaf.shtml
The RNID have also undertaken research into Deaf peoples experiences of health services: A Simple Cure: http://www.rnid.org.uk/VirtualContent/84923/asimplecure.pdf
Social Services
There are clear guidelines for Social Workers as to how to work with interpreters when carrying out their statutory duties:
Individuals should always be able to participate fully in the enquiry process… where a child or parent speaks a language other than that spoken by the interviewer there should be an interpreter provided (Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children, Department of Health, Home Office, Department for Education and Employment 1999 p48 available as a pdf)
Particular care should be taken in choosing an interpreter, having regard to their language skills, their understanding of the issues under discussion [and] their commitment to confidentiality. (Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children, Department of Health, Home Office, Department for Education and Employment 1999 p79 available as a pdf as above)
Legal National Agreements
In the recent recommendations contained in Lord Justice Auld’s report of the Criminal Court Procedure (recommendations 276-286), the standardised procedure for engaging interpreters in the legal system has been nationally agreed at the qualified status of MRSLI (Review of criminal courts of England and Wales).
Similarly, the Trials issues Group has a revised agreement on the arrangements for the attendance of interpreting in investigations and proceedings within the criminal justice system.
It is also worth looking at the Codes C, E and F of PACE Codes of Practice revised edition and information at the court service.
The Home Office/Police Agreement on Arrangements for the use of Interpreters: here
Duty of Care
Agencies and the Interpreters providing a service through them have a ‘duty of care’ which means that:
The inexperienced professional is negligent if he does not achieve the standard of a reasonably competent and experienced person exercising the particular skill of his/her profession (Pannet, A.J (1992) Law of torts sixth edition; London longman)
This could have far reaching consequences for Agencies using inappropriately qualified Interpreters, as well as for interpreters themselves. Both agencies and interpreters need to have an understanding of ‘tort Law’, which refers to:
A civil wrong inflicted upon another person who wishes to correct this or seek compensation i.e. damage or injury arising to one person from unfair, careless or unreasonable action (or action) by another (Pannet, A.J (1992) Law of torts sixth edition London Longman)
Legal Duty to Communicate
A suitable definition of effective communication can be found in the work of ‘Interpreters in Public Services’ a study of the Interpreting Services of the London Borough Councils for ethic minority languages. (Phil Baker; Interpreters in Public Service 1991 Venture Press), Chapter 3 of this study focuses on the legal duty to communicate and explores the legal definition of effective communication.
Glossary
| ASLI | the association of sign language interpreters England Wales and Northern Ireland |
| BSL | British Sign Language |
| CACDP | council for the advancement of communication with Deaf people |
| IRP | independent registration panel |
| JTI | junior trainee interpreter |
| MASLI | full member of ASLI |
| MRSLI | member of the register of sign language interpreters CACDP |
| NVQ | national vocational qualification |
| TI | trainee interpreter |