How to save money on Court Interpreters: Don’t book them

We are approaching the end of April, the time at which the contract between ALS and the MoJ for provision of interpreting and translation is due to be reviewed. To mark this occasion the spoken language interpreters have organised another London demo.
Without monitoring information being made public we do not know the real effect of this framework agreement. In fact neither do ministers. A recent question in the House of Commons to the Attorney General highlighted this problem. When asked what the cost was of delays and adjournments due to late or non-attendance of interpreters the answer was the cost of collecting data would be disproportionate.
This lack of centralised data is, of course, why the contract was awarded and why savings are not materialising in the way they should have been. The figures the government have used were based on estimates and extrapolations. The result has been an unworkable agreement and a refusal by NRPSIs to work under the contract. Interpreters are being sent miles to work (the promise was interpreters would come from a 25 miles radius, the reality is up to a 564 round trip, 366 miles, you can find many more examples on LinguistLounge.org). And the personnel are not necessarily, also as promised, qualified interpreters either but anyone who says they can speak another language with speakers being sourced from the streets outside of court, pizza delivery boys and Google Translate being used in emergencies.
The more worrying trend is that due to this debacle courts have just given up trying to book an interpreter. An irony as the new system was supposed to make it all easier. A Sign Language Interpreter sent in this experience:
‘I attended a Crown Court the other day having been booked by the defence. I have already, last month, been to a family court where I was the only interpreter booked when there should have been four and had strong suspicions that there would be no court interpreter present.
On arriving in Crown Court I discovered quickly there were indeed no court interpreters and I was expected to interpret all consultations outside of court for the defence as well as the court proceedings. In my previous experience the court books interpreters and for a pre-sentencing hearing such as this a court interpreter can interpret consultations for defence too or there would be two interpreters present, especially for a difficult case such as the one I was there to do. After five hours of interpreting inside and outside of court the defendant was sentenced. The judge addressed the defence Barrister and thanked him for the use of his interpreter and explained to the court that since the new contract had come into force the court was finding it was nearly impossible to get an interpreter through this new system. The judge then thanked me for my hard work and left the court.’
With the three month review period approaching and a government who is only concerned about cutting costs it would not be surprising if the MoJ states how the new framework has saved them rather a lot of money:
– When interpreters are booked by Counsel, rather than by the courts, the cost is covered by Legal Aid. These are still funds from the public purse but as the costs will not show up under the framework agreement the MoJ will assume they are spending less.
– When court cases go ahead with Google Translate there is no cost to the public purse. But unlikely a fair and just result will occur.
– When speakers of other languages are dragged in off the street, are they paid? Probably not.
– When adjournments and delays occur there is great cost to the public purse. As these are not centrally recorded there will be only anecdotal and no statistical evidence. And, again, they will not be reflected as costs under the framework agreement.
– There are reports that the booking system which is supposed to provide a one-stop shop is not working and courts can barely get through to talk to someone. Oh and the call centres are in various parts of the world where they do not understand geographical distances. If courts can not use a system to book an interpreter the MoJ, again, saves money.
In reality this framework agreement maybe appearing to save the MoJ costs but this is unlikely to be the case. Instead of making interpreter bookings more efficient it has made more work for court staff, reduced efficiencies for court personnel including barristers and judges and has taken away good quality access by trained and registered interpreters in favour of a hodge-podge of workarounds when a qualified interpreter is not sourced. Which is more frequently than not. No, this framework agreement is surely saving the MoJ money. They are no longer booking Court Interpreters.

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.