Inequality before the Law? It’s Reality

A Sign Language Interpreter has submitted, anonymously, this story for you all to read. Comment is made afterwards:
‘An interpreter was warned to attend court c/o ALS and its preferred supplier of Sign Language Interpreters.  The interpreter had little experience of court work generally and no knowledge of the defendant, no knowledge of the indictment and no knowledge of the type or stage in proceedings.  The booking had been made a mere two days earlier by the agency’s assessment that it was ‘straight forward, quick and well within the interpreters’ capability’.
The interpreter had been informed that a relay interpreter would attend also to facilitate communications.  They did not know the relay interpreter, had never worked with them before and actually had no idea why in fact a relay interpreter was required for the case…
The relay interpreter arrived not only late but also dressed most inappropriately for a court case.  They too had no idea of the indictment, defendant, stage of proceedings etc.  The relay interpreter immediately declared that they had never worked in a court before.  The defence lawyer had immediate and very serious concerns about the communication provision for their client.  Representations were made immediately to the court.  Meanwhile, as it is a small community, it was quickly discovered that the relay interpreter had a fairly substantial court career with a number of both recent and historic criminal convictions – with even further cases pending!
The relay interpreter admitted, to the hearing interpreter, that there were many reasons why they must not and should not work in court or other legal settings.  The relay interpreter stated it had ‘been a mistake’ to accept the job from the agency, but that no CRB clearance had been requested and no proof of experience had been required.  The relay interpreter, instead of reporting to the usher, decided to leave the building with no explanation to the court whatsoever.
The hearing interpreter entered the courtroom and explained to the judge that they had no choice but to withdraw from the assignment.  The withdrawal was put on the following grounds that: 1. they had been falsely warned to the assignment; 2. they were unable to function effectively alone; 3. they would not be able to perform the task satisfactorily unto the language need and complexity of the case and 4. that it would put justice in too greater jeopardy.  The interpreter further disclosed to the court the full details of the concerns pertaining to the equally inappropriate and dangerous relay interpreter.
The judge thanked the interpreter for their honesty and integrity.   They made a note of the necessary details to be referred to the court presiders regarding the enormous danger that the defendant had faced unto ALS and its’ preferred supplier.’

Some extrapolation from the above:
– Readers of this blog, be it sign language interpreters or users of services, may not fully understand the reality of outsourcing and the resulting situation we are faced with. This is an additional, and altogether more serious, example to the ones on the previous post.
– Many booking co-ordinators, especially ones at less than reputable agencies, can not necessarily be relied upon to have specialist knowledge.
– Interpreters should accept assignments for which they are prepared, skilled, ready… As the interpreter, the buck stops with you.

– Court or Police work is not glamourous and does not afford an interpreter extra status or kudos. Your work could be held up to account, may be examined by an expert witness, investigated by defence teams and you could find yourself in a situation where you are being called as a witness.
– It is highly likely that a three hour training course will not be sufficient to ensure you are fully competent to work in a court. Even if it contains in the title the word ‘Masterclass’. Try some shadowing first. And a mentor. Or better still don’t work for the company that everyone loves, with good reason, to hate.
If you are witness to anything, wish to write a guest blog post or wish to send something in for further comment please email to interpreteranon@gmail.com.
A big thank you to our anonymous poster.

Using a Professional is the Only Safeguard – Part 2

This blog is part 2 of 2. Following on from part 1, where the term profession was discussed, let’s go back to why interpreting is being outsourced in the first place.
Services are being outsourced to save money. Services that are deemed as being a ‘Back Office Function’.
This phrase is being repeated by the Ministry of Justice, by commissioners nationwide, by Ministers and by David Cameron.
Back Office Function. What is a Back Office function? Logic dictates it is a function that exists back of house probably in an office. This would include administration, IT, facilities management, ordering of equipment say.
Any intelligent being would surely not class interpreting as a Back Office Function. No. Surely it is a specialism. To be done by people who know how to do so. People. Wait… professionals who have been trained and have experience before being let loose in a courtroom.
Interpreting as a Back Office Function? It’s illogical.  Outsourcing is now going way beyond what would normally be termed Back Office Functions.
Strange given the track record of disasters whenever the British government attempt to outsource. Capita got the name Crapita for good reason after disasters such as people nearly getting evicted when systems failed and did not pay out housing benefit claims in time. And bear in mind this is the company that has bought ALS and where the buck currently stops for interpreting services for the MoJ. As one publication has pointed out Capita should stick to back office business functions.
So why is the government taking the risk of outsourcing for areas others than more traditional business functions?
1) Crony capitalism.
This is endemic and epitomised in the coalition government’s support of big business over small or medium enterprises. This is despite what is touted in its reports. None of the framework agreements or procurement hubs now favoured by statutory organisations make it easy for the smaller enterprise to win contracts. Where the small enterprise is the specialist sign language agency, they lose out.
Sign Language interpreting services are becoming sub-contractors to the bigger spoken language agencies. Assignments are regularly being sub-sub-sub-contracted. By the time the interpreter is paid there is little left. Everyone up the food chain needs to make their buck. The result of which, at the other end, is that the statutory organisation comes away with little savings and interpreters travel the breadth of the country when there was a registered interpreter next door to the hospital sat at home unpaid.
2) Back door privatisation.
We have the Conservatives in government. They wish to privatise everything.
3) Ministers and senior civil servants need answers.
Outsourcing is an easy answer to coming up with savings rather than appropriately conducted research and consultation, with the caveat that information gleaned from consultation should be heeded. The word consultation has become a misnomer in the UK. It has come to mean you will speak up then be ignored.
Ministers have often said they lack skills in running large departments. One author suggests this is indicative of an eroded civil service with an overreliance on expensive consultants or specialist advisors rather than looking inward to creating those skills and utilising them.
As Peter Handcock CBE, Chief Executive, Her Majesty’s Courts and Tribunals Service (HMCTS) before the Justice Select Committee said so eloquently:
“So it is partly the process of letting a new contract and putting it in place, but, but we need to do, frankly we need to do much much better understanding the potential risks before we roll these things out.”
An admission of the lack of understanding. Has the government taken any advice on the subject of interpreting services? It seems they have ignored much of what interpreters have been telling them through the various consultations.
Therein lies the explanation of why interpreting is now being seen as a Back Office Function. And what of the effect of this policy, why does it go so horribly wrong, especially where professions are concerned?
Unit costs get ever cheaper in the bidding war for a contract. Unless there are safeguards and standards in place enforced upon the contract provider the temptation is to employ the cheapest personnel and disregard quality.
Sign Language interpreters have seen it happen already in most NHS trusts around the country. Chaos caused by large scale employment of untrained interpreters by sub-standard agencies (usually spoken language ones, though some sign language specialist agencies are also to blame). Yet the NHS and the MoJ are paying for these services.
A colleague did some mystery shopping amongst some new agencies that had won NHS contracts in and around London. Scarily, they wanted to accept her on their books without checking any qualifications, any registration. They did not even ask for insurance or a police check. Some didn’t even care if she actually knew any sign language.
When contracts are awarded to these agencies, the provision of interpreters then becomes tokenism, paying lipservice to the Equality Act 2010. These are specialist services that are commissioned, monitored and evaluated by non-specialists without the necessary in built safeguards, which you would have if professionals were employed. Services commissioned from those that call themselves specialists but are not. Of course outsourcing interpreting services was bound to fail. And fail it has.
The government, local and national, has made a categoric error in outsourcing interpreting services across the public sector. With regard to the MoJ, when this is the kind of service you are paying for you are not saving £18 million. You are losing £300 million.