https://lordslibrary.parliament.uk/interpreting-and-language-services-in-the-courts-public-services-committee-report/
Interpreting
and language services in the courts: Public Services Committee report
Published
Thursday, 14 August, 2025
The
House of Lords Public Services Committee’s March 2025 report
highlighted perceived issues affecting court interpreting services,
including the remuneration and support for interpreters, court
technological limitations, and the quality and transparency of data
on the provision of interpreting services. The committee made a
number of recommendations to address these issues. The government
responded to the report in May 2025, setting out how it would seek to
address some of these points.
On
9 September 2025 the House of Lords is due to debate the House of
Lords Public Services Committee report ‘Lost
in translation? Interpreting services in the courts’ (HL Paper
87). The debate is being held in Grand Committee and will be
introduced by the committee’s chair, Baroness Morris of Yardley
(Labour).
1.
Committee report on interpreting services in courts
1.1
Overview and introduction
The
House of Lords Public Services Committee’s report on interpreting
services in courts was published on 24 March 2025.[1]
The
report begins by explaining the background and availability of
interpreting services in courts, linking it to the fundamental legal
principle of equal access to justice.[2]
The report summarised the availability of interpreters in this
context as follows:
Interpreters
work with people in the courts to provide interpreting for those who
are not fluent in English. Individuals have a legal right to a
publicly funded interpreter in specific situations—for example, a
defendant in a criminal case has “an automatic right” to an
interpreter if they need it. Interpreters are provided in family
courts if the case involves “children, domestic violence or forced
marriage”. Individuals may get a publicly funded interpreter for
other types of cases, but this is dependent on a variety of criteria,
and on “the individual member of the judiciary to determine the
most appropriate arrangement”.[3]
Chapter
1 of the committee’s report then summarised the process for
interpreters being provided in the court process and explained that
the actual provision is contracted out to an external contractor
(since 2016 this has been the language services company thebigword
(TBW)). The committee stated that outsourcing of these services began
in 2012, and that the current contract with TBW expires in 2026. As
such, it noted that the Ministry of Justice (MOJ) was currently going
through a re-procurement process. This included consideration of
whether to move towards more ‘insourcing’ of interpreting
services.
Stressing
the importance of ensuring interpreting services work well, the
committee stated:
While
interpreting is used in a very small proportion of total cases each
year, it is crucial that the service is of a high standard, ensuring
that individuals are not disadvantaged in the legal process due to
language barriers. If interpreting in the courts is not working well,
this not only affects justice in individual cases, but creates
further demands on an already stretched court system. The MOJ,
through contracted private language providers, deals with 17,000
bookings for interpreters per month in over 150 possible
languages.[4]
1.2
Issues highlighted by the committee and recommendations
The
committee’s analysis of language and interpreting services in the
court process detailed a number of perceived issues. These
included:[5]
Differing
perspectives on the quality of the services among government,
service providers and frontline staff. The committee believed this
could lead to significant problems being missed and difficulties for
the MOJ or Parliament assessing the true nature of the issues with
these services.
The
current system for complaints and data gathering on interpreting
services may lead to a “significant under reporting of problems”.
The committee expressed concern that the assessment process for
interpreters lacked transparency, and “may be absent altogether in
closed court settings”.
Issues
with the recruitment, retention and treatment of the interpreting
services workforce. For example, the committee highlighted “low
and opaque pay, a lack of control and remuneration for cancelled or
delayed bookings, and a lack of respect”.
Insufficient
use of modern technology to support interpreting services in the
courts.
Overall,
the committee summarised the issues as follows:
Official
statistics indicate only 1% of the small number of cases involving an
interpreter receive complaints. However, the evidence gathered during
this inquiry from interpreters and legal professionals indicates much
wider issues, and leads us to conclude that the current state of
interpreting services in the courts is not working efficiently and
effectively, and presents a significant risk to the administration of
justice in these cases. The MOJ’s published data masks problems in
the service due to both data omissions and a complaints process which
causes under-reporting of problems. This is exacerbated by
difficulties in recruitment and retention of the interpreter
workforce. Wider technology issues in the courts limits the effective
use of innovations such as remote interpreting or interpreting
booths, and leaves the justice system unprepared for innovations in
newer technologies.[6]
The
committee made a number of recommendations intended to address these
issues. A full list of recommendations and issues raised by the
committee can be found on pp 52–7 of the committee’s report.
These
included recommendations for the government to:
Work
on improving the quality, transparency and consistency of the data
gathered relating to interpreting in the courts. The committee also
called for the National Audit Office to conduct an updated review of
how well interpreting services were being provided.
Improve
stakeholder engagement, including forums for feedback from
interpreters and legal professionals that work with them.
Make
improvements to the assessment and complaints process for
interpreting services. For example, the committee said data on
assessments should be regularly published and the complaints process
should be better promoted, made more accessible, and there should be
data and guidance on who should submit complaints.
Ensure
pay conditions for interpreters are improved, including minimum pay
rates, better financial coverage for cancellations, and increased
pay for travel and expenses. In addition, the committee said
guidance should be provided to courts on the treatment of
interpreters and how to better recognise their importance.
Set
out plans ensuring interpreters are qualified to certain standards.
Alongside this, the committee recommended better promotion of the
trainee scheme, improved funding opportunities for professional
development, and an independent single register of interpreters to
establish specified vetting and entry criteria for interpreters to
work across the criminal justice system.
Improve
the technology in courts for interpreters as part of the
government’s court refurbishment project. In particular, the
committee called for dedicated audiovisual equipment for
interpreters, including equipment to better facilitate remote
interpreting. The committee said increased opportunities for remote
interpreting would improve conditions for interpreters and also
allow them to take on more work. It also said the government should
introduce plans and pilots focused on the use of AI tools to support
interpreting services.
Referring
to the re-procurement process for interpreting services, the
committee called on the government to pause and review the process
and regretted that the government had not committed to do so. It
continued:
If
the government is continuing the tender without such a pause, they
must ensure that the next stage of the tendering process addresses
the problems set out in this report. The government must take steps
to drive forward a dynamic, flexible, forward-looking service which
can adapt to the needs of the courts, support and promote
technological innovation, and ensure justice is delivered and seen to
be delivered.[7]
The
committee believed it was a moment of risk or opportunity for court
interpreting services. It urged the MOJ to seize the opportunity, and
argued that a failure to do so risked “significant jeopardy to
justice for the foreseeable future”.[8]
2.
Government response to committee’s report
The
government published its response to the committee’s report on 27
May 2025.[9]
First,
the paper contained a letter from the minister of state for courts
and legal services, Sarah Sackman, outlining the government’s
commitment to high quality interpreting services and commenting on
the procurement process. She said the MOJ’s procurement of a new
contract for interpreting services would reflect feedback the
department had received and would make several improvements to
services. She explained:
The
procurement exercise currently underway is scheduled to deliver new
contracts for these services, commencing operation in October 2026.
We have listened to the feedback from the contributors to your
inquiry, and carefully reviewed your report and its recommendations.
We are familiar with many of the issues raised and have been working
to ensure that our procurement includes improvements to the service
that will address and resolve many of these challenges, delivering an
improved service for court users, interpreters and other
stakeholders.
These
improvements will include:
Implementing
the new qualifications framework, the result of an independent
review into the qualifications requirements of the MOJ that ensures
that we are matching the competencies required for court work to the
capabilities of our interpreters.
Strengthening
the quality assurance process, to improve confidence in the quality
of interpreting delivered, as well as implementing assurance of the
complaints process itself.
A
secondary spoken word supplier to satisfy short notice bookings,
reducing frictions around short notice changes and reducing
off-contract bookings.
Requiring
our suppliers to provide new welfare support to interpreters.[10]
The
government’s formal response then addressed the committee’s
recommendations in turn, providing detailed responses to each. Full
details can be found in pp 2–24 of the response section of the
document.[11]
For
example, the government stated:
It
would improve the data it published on interpreting services.
However, it did not accept that the data it already published on the
provision of interpreting services was of an unsatisfactory
standard, stressing that it had been externally reviewed recently.
It
did not agree with the committee’s conclusion that the provision
of interpreting services in the courts is “not acceptable and
presents a significant risk to the administration of justice”.
It
was already receiving stakeholder feedback from representatives of
interpreters and legal professionals. However, the government also
said it was stepping up this engagement and was confident further
improvements could be made over the next six months.
It
said it would be strengthening the quality assurance arrangements
for interpreting services and would investigate what more could be
done to raise awareness of the complaints systems. However, it did
highlight a number of ways the complaints system was already being
promoted and the recent engagement levels (for example, it said
33,088 complaints were received by HM Courts and Tribunals Service
service in 2024, with 20% from legal professionals). The government
also said it would require more time to consider the committee’s
proposal to regularly publish assessment data due to the
“complexities involved”.
It
had taken steps to improve interpreter remuneration by increasing
the minimum face-to-face booking duration to two hours, and said it
was making further improvements to booking terms in the new
procurement contract. The government disagreed with the committee’s
recommendation for the introduction of minimum pay rates and
increased cancellation rates. However, it did say that the new
procurement contract will adjust cancellation terms so that more
fall within the category of ‘short notice cancellation’ and
attract a fee.
Regarding
the treatment of interpreters, it said the new contracts would
include better welfare provisions for interpreters. The government
also said it would be strengthening the guidance on interpreters and
their roles, and would be recirculating this to all court staff.
It
disagreed with the committee’s recommendation for all interpreters
to be qualified to level six standard for all assignments. It
claimed that the current situation sufficed to meet the needs of the
justice system and its users. The government also disagreed there
should be an independent register of interpreters, arguing that the
MOJ register meets the system’s needs (for example, it explained
it provides for vetting, entry requirements, and removal of
interpreters where they fail to maintain standards). It said a new
register would increase complexity and cost. However, it said it was
making improvements to the accessibility and cost of the trainee
scheme for interpreters.
It
recognised the benefits of remote interpreting and this would
continue to be supported where possible. It also detailed
improvements it was making to technology across the courts service,
including audiovisual equipment. However, it cautioned that this
remained a “significant exercise” and highlighted the funding
pressures. On AI, the government said it acknowledged its growing
role and set out the work it was pursuing in this area (for example,
working groups and pilots on use of the technology). However, it
also stressed the difficulties and sensitivities linked to using and
testing AI in these settings; for example, legal and ethical
concerns, commercial risks, and ensuring buy-in from court staff and
the public.