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
27 Feb 2012 : Column 72W
in key languages and improvements to the call handling and complaints process. The Ministry is monitoring performance on a daily basis.

Interpreter Cost Cutting: A False Economy

In these times of fiscal belt tightening funds have to be cut. It’s a given. For statutory bodies it must be hard. So where does the funding get cut and how can they save money?
Cut the stationery budget. There will be fewer pens. Don’t provide sandwiches at meetings. Staff and visitors will feed themselves. Take away the water cooler. There’s a tap.
Say you’re a nurse or a doctor within an NHS trust. Or you are staff in a local authority, the police or the courts. How about trying the following options. What would happen if you did?
Don’t provide an interpreter:
We know the US has a more litigious culture. Here’s what happened there:
Failure to use an interpreter ended in a $71m malpractice lawsuit in the U.S where a Latino boy was suspected to be a drug user but actually had a brain aneurism. A late diagnosis left him a paraplegic.
£400k was awarded to a Deaf woman who was not afforded an American Sign Language Interpreter and could not understand the side effects of her Lupus medication.
Last year, a Sheriff was sued for keeping a Deaf man in custody for 25 days without an interpreter.
What about here in the UK?
In 2004, Mr Tran Quang Tung died at Dungavel Immigration Removal Centre. He hung himself. There was a continued lack of interpreters used by doctors and other members of staff even though they could have done due to systems that were in place.
In summary, a professional is breaking their own code of conduct if they cannot communicate with their patient or service user. Guesswork does not amount to being able to care, treat or diagnose them. Crossing your fingers will not work either. Primum non nocere is the benchmark of medical ethics: “First, do no harm”. If you are court staff, justice is unlikely to be achieved. Local authorities, you are not filing your statutory duty.
Use an unqualified or unregistered interpreter:
It is quicker and cheaper to get someone who you think can do the job but is not qualified or registered. Perhaps use someone’s spouse or another member of family?
In 2000, in an A&E department, the wife of a profoundly Deaf man, Sarwat Al-Assaf, was used to interpret questions to her husband such as do you have thoughts of harming your wife or children? Mr Al-Assaf was suffering from severe mental illness. He later went on to kill his wife’s new partner.
Perhaps you get someone who says they have some sign language qualifications or in the case of a spoken language get in, say, the Polish-speaking porter.
One interpreter points out that “The English translation for the word ‘hit’ in Punjabi and Hindi is ‘maar’, but it also means ‘to kill’,” she explains. “So if I’m in court I have to ask the person: are you saying ‘I’m gonna hit you’, or ‘I’m gonna kill you’?” You don’t want to mess around with that distinction, whether it’s in court, for the local authority or a medical appointment.
Every registered interpreter has a tale of how there was an ‘interpreter’ booked but they got called in a week later to sort out the mess, usually to find out that the ‘interpreter’ was someone unregistered who took the payment because they could. It is obvious that in these cases, the service provider has to pay out more. Like getting in a cowboy builder, it ends up costing twice as much to get the mess sorted out afterwards.
It is illegal to employ an unregistered nurse or doctor who will not have to adhere to a Code of Ethics. It is not yet illegal for an unregistered ‘interpreter’ to work as one. Still, it stands to reason that if you use someone who is untrained and unregistered there is no legal recourse when it all backfires as it did in the cases above.
Commission an agency to do it for you:
Perhaps you are an NHS trust, a council or the MoJ and your commissioners are responsible for purchasing interpreting provision. In times of financial austerity, commissioners of services generally tend to care more about costs than quality. In that case, allow them to award an agency a contract or framework agreement with built in standards to ensure quality but ultimately, said agency will not follow them. The agency can not, as it is too costly to get in the appropriate practitioners, i.e. registered interpreters. In order to win the contract, they had to go in too low. The unit costs, if too cheap, can not add up to someone who does the job right and in a professional manner.
So what do you end up with? See the first two options. Rather than not providing the interpreter or getting in someone who is untrained and unregistered, the agency will be doing that instead. You’ll still be paying for it anyway. Freedom of Information requests show agencies are charging the cost of a registered interpreter but not necessarily providing one.
Not much of a cost saving then. Unless the commissioner chose a reputable agency. They normally charge more though so the likelihood is the statutory organisation or commissioner did not make that choice.
The Solution:
Pay for a trained and registered interpreter to:
Avoid – malpractice, misdiagnosis, wasted time, wasted cost orders, being sued and the distress of those to whom you are supposed to be providing a service.
Ensure – you are abiding by the code of ethics of your profession, you are providing the service you are supposed to, you are getting value for money, and you are able to complain or simply to trust that the proper communication is taking place.
How to save money:
Book and pay for a trained and registered interpreter.
How to check if an interpreter, from an agency or one that is booked direct, is registered:
Check the interpreter’s name against the lists held by NRPSI (spoken languages) or NRCPD (sign language). On their arrival ask to see their ID card.
These registers have been in existence for a while for good reason. Avoid the cowboy, avoid the lawsuit, avoid paying out twice.