Thursday 23 November 2023

"He did not have an interpreter and did not fully understand the charges that had been made against him."

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/fake-taxi-driver-rapist-who-28155947

23 November 2023

[…] At his sentencing, the barrister representing Lusadisu, then of Sawley Road, Miles Platting, said he continued to deny the offences. At the criminal division of the Court of Appeal in London today (Thursday, November 23, 2023), Lusadisu sought leave to appeal against his conviction.

Following the hearing, a court official confirmed that he argued consent and that the grounds for his appeal were that: […]

He did not receive a fair trial – he did not have an interpreter and did not fully understand the charges that had been made against him. […]

 

Tuesday 21 November 2023

NHS interpreting service problems contributed to patient deaths

https://www.bbc.co.uk/news/uk-england-bristol-66605536

21st November 2023

NHS interpreting service problems contributed to patient deaths

The BBC has found interpreting issues were a contributing factor in at least 80 babies dying or suffering serious brain injuries in England between 2018 and 2022.

Some staff have resorted to online translation tools to deliver serious news to non-English speaking patients.

NHS England said it was reviewing if and how it could make improvements.

Rana Abdelkarim and her husband Modar Mohammednour arrived in England after fleeing conflict in Sudan, both speaking little English.

It was supposed to be a fresh start but they soon suffered a devastating experience after Ms Abdelkarim was called to attend a maternity unit for what she thought was a check-up.

In fact, she was going to be induced, something Mr Mohammednour said he was completely unaware of.

"I heard this 'induce', but I don't know what it means. I don't understand exactly," he said.

Mr Mohammednour said he was promised a phone call from the hospital to let him know when his wife was ready to give birth so that he could be there with her but that call never came.

His wife suffered a catastrophic bleed which doctors were unable to stem and she died after giving birth to her daughter at Gloucestershire Royal Hospital in March 2021.

"They called me and said to me, 'you have to come hospital very quick' and then he said 'we tried to keep her alive but she's passed away'," the father-of-two said.

Mr Mohammednour now looks after his two daughters alone, the youngest of which is named after her mother, Rana.

He said better interpreting services would have helped him and his wife understand what was happening.

"It would have helped me and her to take the right decision for how she's going to deliver the baby and she can know what is going to happen to her," he added.

The Healthcare Safety Investigation Branch (HSIB) found there were delays in calling for specialist help, there was no effective communication with Ms Abdelkarim, and the incident had traumatised staff.

Gloucestershire Royal Hospitals NHS Foundation Trust has apologised and said it had acted on the coroner's recommendations to ensure lessons have been learned to prevent similar tragedies.

It added it was committed to delivering the safest possible service.

Serious interpretation failures

Under the 2010 Equalities Act, people who don't speak English have the right to be provided with an interpreter when they are dealing with public sector organisations in instances such as asylum applications and social services.

The National Register of Public Service Interpreters said "poorly managed" language services were "leading to abuse, misdiagnosis and in the worst cases, deaths of patients".

It was Ms Abdelkarim's death which led the BBC to write a Freedom of Information (FoI) request to HSIB which revealed serious interpretation failures are linked to about 80 babies coming to harm.

The BBC's File on 4 programme asked HSIB to review all investigations from 2018-2022 that involved cases of babies dying or being diagnosed with a severe brain injury in the first seven days of life.

The FoI found that of the total 2,607 reviewed cases, 80 included references to interpretation or communication problems due to language difficulties in the recommendation section of the report, which it therefore considered to be a contributing factor to death or brain injury.

The data came as no surprise to Prof Hassan Shehata from the Royal College of Obstetricians and Gynaecologists who said there is a disproportionate risk of poor birth outcomes in women of colour.

He said the service was "failing some of the most vulnerable people in society".

"Add to that the language barriers, which will further exacerbate the risk with women struggling to access, engage with maternity services and communicate their concerns to healthcare professionals," added Prof Shehata.

When Rula (not her real name) woke in hospital the day after giving birth to her first child, she was shocked to learn her womb had been removed.

She had suffered a life-threatening bleed shortly after labour at the Princess Royal Maternity Hospital in Glasgow in April 2022.

Staff could not initially contact a telephone interpreter for Rula, who is from Syria, and spent 15 minutes using Google Translate to try to make her understand she was going back to theatre for the emergency operation, before a phone interpreter was found.

She said: "Sometimes I could understand them, sometimes I couldn't. But I begged them, please don't remove my uterus."

When Rula woke the next day an interpreter had been summoned to deliver the devastating news in person. "Because most interpreting services was provided over the phone, I couldn't understand them. They couldn't understand me," she added.

NHS Greater Glasgow and Clyde said a telephone interpreter had been made available throughout her labour but it appreciated this had been "extremely challenging" and it would like to apologise for any concerns she experienced.

It said it was "not routine to use face-to-face interpreters due to Covid", adding her claims were investigated but not upheld.

Rula, who had wanted more children, now wishes she had been sent an interpreter the day before. She has been left wondering if it could have made all the difference.

Mike Orlov, told the BBC the level of qualifications in the profession varied hugely, making standards "extremely patchy".

Mr Orlov has likened the NHS to the "wild west", where all trusts are encouraged to operate their language service needs independently and there are many instances where family members or friends are deployed in hospitals.

NHS England said the service was vital for patient safety and a review would identify if and how it can support improvements in the commissioning and delivery of services.

 BBC Radio 4 - File on 4, Lost in Translation

Friday 17 November 2023

Employment Agency Standards (EAS) guidance for providers of interpreting services

https://www.gov.uk/government/publications/eas-guidance-for-providers-of-interpreting-services/employment-agency-standards-eas-guidance-for-providers-of-interpreting-services

17 November 2023

Employment Agency Standards (EAS) guidance for providers of interpreting services

This guidance aims to help providers of interpreting services to comply with the requirements of the Employment Agencies Act 1973 (the Act) and Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Conduct Regulations) – both as amended.

The Employment Agency Standards Inspectorate (EAS) is the state regulator for the private recruitment sector and is responsible for seeking compliance with this legislation. They check for compliance by investigating complaints made by agency workers and carrying out inspections of recruitment agencies.

What is an interpreting service?

For the purposes of this guidance, EAS considers an interpreting service is a “service provider” which seeks to introduce interpreters to clients that require linguistic services. 

Where the arrangement is that:

·      the service provider has access to linguists who have registered with the service provider, or the linguist has made themselves available to provide linguistic services

·      the service provider agrees to provide specialist interpreting or other services (linguistic) to the client

·      the service provider identifies a suitable linguist to provide the specialist interpreting or other services (linguistic) to the client

·      the linguist agrees to carry out the work

·      the service provider provides the specialist linguistic services to the client using the linguist

Such service providers are likely to be provided by a person or business acting either as an employment agency or as an employment business. 

Anyone setting up a new interpreting service or running an existing one should consider seeking their own independent legal advice on their obligations under the act and the conduct regulations.

Is my interpreting or translation service an employment business or employment agency?

There are 2 kinds of recruitment agency defined under the act.  These are an employment business and employment agency.

An interpreting service acting as an “employment business” will be where the service provider:

·      has a contract between them and a linguist

·      has a contract between them and the client

·      supplies the linguist to the client to act under the direction and control of the client or others

·      arranges to pay the linguist for the services they have provided to the client, either directly or through a third party

An interpreting service acting as an “employment agency” will be where the service provider:

  • introduces a linguist to a client for that linguist to become directly employed by the client to carry out work under contract with that client, albeit often for a short period of time
  • the client arranges to pay the linguist directly for the services they have received

Under the act it is illegal for an employment agency to make arrangements to pay a work-seeker’s remuneration arising from work that they have carried out.  Only an employment business can arrange to pay work-seekers.

EAS view on interpreting services falling within scope of the act

In our view, most service providers that supply specialist interpreting or other (linguistic) services will likely be acting as an employment business as they contract with linguists and pay them for work that is carried out. 

In this model the linguist is supplied to work for the client on a temporary assignment whilst under contract with the service provider.  Either the client or another third party will dictate what is translated (and also most likely when and where) for the duration of the assignment.

Where a business service includes translating documents, the document translating service is unlikely to fall under the act.

General compliance with EAS legislation

Employment businesses and employment agencies must comply with the act and conduct regulations. Both employment businesses and employment agencies may find the following guidance useful:

·      the EAS homepage

·      detailed guidance on complying with the act and the conduct regulations

·      an overview of your obligations when acting as an intermediary between persons seeking work and a hirer

Consequences of non-compliance

The act and the conduct regulations set out minimum standards that employment businesses and employment agencies need to comply with.

EAS is willing to work with and enter discussions with businesses and support them in getting things right and to comply with the law.

Failure to meet these minimum standards, however, may result in enforcement action by EAS.

This can include prosecution and if a person is found guilty of an offence, they are liable on conviction to a fine.

It is also open for EAS, where an offence has been committed, to consider a Labour Market Enforcement Undertaking (for a period of up to 2 years). If an undertaking cannot be agreed or, once in place, is not complied with, EAS can apply for a Labour Market Enforcement Order (for a period of up to 2 years) through the courts which may be granted upon conviction. If a person fails to comply with the order, they could be fined or imprisoned for up to 2 years.

The Secretary of State can also consider applying for a prohibition order against a person from carrying on or being concerned with the carrying on of an employment agency or employment business for up to a maximum of 10 years on the grounds of misconduct or unsuitability.

Further information

If you have any queries on the legislation, or if you are wondering whether your business activity falls within scope, please contact EAS directly by emailing eas@businessandtrade.gov.uk or by telephone on 020 7215 4477.

This note of general guidance, and any further information provided by EAS, may be used to help gain understanding of the legislation and is correct as of November 2023. However, they cannot provide definitive answers to individual queries and are not intended to be relied upon in any specific context or as a substitute for seeking your own independent legal advice on specific circumstances, as each case may be different.