Using a Professional is the Only Safeguard – Part 1

This post is part one of two. The first part will explain generally what a profession is and make distinctions between what some may consider a profession and what is truly a profession. The second post will consider the current comments of government surrounding the MoJ and other contracts to further highlight the fallacy behind outsourcing for those that should be considered professionals and the risks the government are incurring with this strategy.
The term profession is often bandied about. Anyone can call themselves a professional: marketeers, IT personnel, plumbers.
Let’s be clear. There is something beyond these albeit worthy roles. This is about a professional. One who has a Code of Ethics or Professional Conduct, a CRB check, has a high level of training, alongside specialised knowledge and skills, belongs to an organised regulator and has responsibility to a community and is concerned with its welfare above all else.
Teachers will tell you the supply teacher is all but gone in the UK. Rather than employ a qualified teacher to plug any gaps in timetables it is the new employee at the front of the class: one who is on a Registered Teacher Programme (RTP), who is not as yet qualified to teach. Or worse, sometimes it is the Teaching Assistant who is left holding the fort.
Psychologists will tell you that work previously done by highly qualified and trained Psychologists is now being done by those trained in IAPT: Improving Access to Psychological Therapies. You now need to pass a one year course to deliver CBT.
Nurses will tell you a lot of their work is now done by Health Care Assistants.
There are many similarities between the above three professions and interpreting, whether spoken or for sign language. You should be bound by a Code of Ethics or Professional Conduct, have an enhanced CRB check, professional insurance, be accessing supervision and be registered with the appropriate professional body in order to work. In fact all the criteria mentioned at the start of this article.
What is different with interpreting and what Sign Language interpreters have been discussing for a long time is the lack of legal protection. Were interpreters to be legally protected, it would be illegal to work as an interpreter unless you were a registered professional in the same way you can not legally work as a doctor if you are struck off the medical register held by the GMC.
Why? This goes back to the list of what it is to be a professional and the responsibility we have to the community we serve. Over the last 25-30 years we have witnessed and heard terrible stories of what happens when you do not have a registered interpreter. We have fought as a profession to raise and safeguard those standards and to continue to develop the profession.
We have heard about the level 2 ‘signer’ work in a court room (the equivalent of conversational French). We have heard about the police tape that got pulled apart by the defence team due to the sub-standard interpreting causing the eventual collapse of a case. We know the all too familiar stories of mishaps, misdiagnoses, even deaths. We all know the students who leave schools and colleges without qualifications because they didn’t understand the ‘communicator’. These aren’t the stories of yesteryear, the bad old days before we had a register and better qualifications, though both of those points are moot. These are fast becoming today’s stories.
You would not allow a Health Care Assistant to draw blood or dispense medication. You would not allow an IAPT practitioner to diagnose someone with schizophrenia. You would not allow a Teaching Assistant to deliver A Level Physics or PSHE. This creates rather than mitigates risk. Risks to standards, to service delivery, to people.
When you allow an untrained, unregistered interpreter to work in a hospital, a courtroom or a police station you play with risk, you create risk. And nobody present can monitor that.
It is why we have Codes of Ethics for professionals. Interpreters, in the same way as other professions, cannot always be monitored. They are responsible for monitoring their own actions and behaviours, to be responsible for themselves and those they serve. Codes of Ethics were borne out of the Hippocratic Oath, the fundamental principle of which is do no harm.
Employ someone who is not a professional, you no longer have those safeguards. No matter what monitoring has been added to the contract the commissioner is not omnipresent. Even if they were they would not be qualified in assessing whether that person was competent and had successfully completed their duties. Does the commissioner, judge, solicitor, doctor, nurse have access to the languages the ‘interpreter’ purports to know? Is someone unregistered really someone you can trust?
The only safeguard is simply to use a professional, one who is appropriately trained and registered. In the UK, where a framework agreement exists for interpreting that safeguard has been all but removed.

MoJ Interpreting Contract: Parliamentary Questions Update

Parliamentary questions that were being asked by the MP Andy Slaughter were published on a few forums this week. The answers by Minister Crispin Blunt were sent around today and are published below. The contract started on 30th January. Two weeks in, the MoJ were made aware of the difficulties in service delivery.
Mr Blunt uses an interesting word here: safeguarding. The very nature of this contract does in fact the opposite by renegading on a National Agreement that was previously in force to use only registered interpreters. Allowing a private company to set up their own register was folly. Many spoken language interpreters are saying their names are on the ALS database even though they never agreed to it giving the agency a falsely elevated figure of interpreters willing to work for them. The stories on the ground illustrate the fact that the rights of those needing a vetted, qualified interpreter were quashed with this contract.
Mr Slaughter: To ask the Secretary of State for Justice (1) when he was made aware of problems with the provision of translators to the courts service by Applied Language Solutions; and if he will make a statement; [96653]
(2) whether (a) he, (b) other Ministers in his Department and (c) officials in his Department had any involvement in the acquisition of Applied Language Solutions by Capita; and if he will make a statement; [96654]
(3) whether providers of interpretation and translation services to the courts are required to undertake Criminal Records Bureau (CRB) checks on their employees; and whether Applied Language Solutions undertakes CRB checks on its interpreters; [96655]
(4) what long-term measures he plans to implement to ensure that Applied Language Solutions provides qualified interpreters to the courts service. [96656]
Mr Blunt: The information is as follows.
(1) Ministers were made aware of difficulties with the service provided by Applied Language Solutions on 14 February 2012. We are committed to ensuring that the rights and needs of those who require interpreters are safeguarded and we have asked the contractor to take urgent steps to improve performance. I am receiving regular reports on progress.
(2) Neither the Secretary of State for Justice, nor Justice Ministers or Ministry of Justice officials had any involvement in the acquisition of ALS by Capita.
(3) The contractor is required to ensure appropriate Criminal Records Bureau checks are undertaken.
(4) The Ministry have made clear to the contractor that the problems must be addressed immediately. The contractor is taking urgent steps to improve performance including providing additional staff to deal with bookings, further targeted recruitment of interpreters
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in key languages and improvements to the call handling and complaints process. The Ministry is monitoring performance on a daily basis.