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Surely this is a request for a recon if a benefit decision - it must be considered and a decision made and issued by an Officer authorised by the Secretary of State to do so: thus giving the client appeal rights.
Secondly, the JCP must - where language is a problem, supply an interpreter - either face to face, or via three way telephone links - see below for the DWP official guidance:
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Interpreting services for Customers whose first language is not English*
Guidance to staff
General policy
1 The Race Relations Amendment Act (2000) requires the Department to ensure equality of access to services for ethnic minority customers This includes providing interpreting services for customers who need them, and providing written information in other languages where necessary.
2 It is DWP policy to provide an interpreter where:
an interview is needed
the customer does not speak English, or, in Wales, Welsh, and
the customer cannot, or does not wish to, provide their own interpreter
2 The arrangement for the interview must be made within one working day, but the interview may need to take place later than this.
3 Customers may provide their own interpreter, and may use family members or friends if they wish. Children under 16 must not be used as interpreters. Where interviews are conducted under caution, for fraud purposes, only professional, qualified interpreters may be used. In no circumstances should customers be sent away to find their own interpreter.
4 If the member of staff conducting the interview has good reason to believe that the interpreter, whether provided by DWP or the customer, is not properly carrying out their role, the interview should be suspended and another interpreter arranged.
5 The strategy for obtaining interpreters is:
use of multi-lingual staff, who are willing and able to interpret
use of locally based face-to-face interpreters
use of the Departmental telephone interpreting contract, currently provided by Language Line.
Using multi-lingual staff
6 Staff who spend more than 25% of their time engaged in interviewing customers may receive a language skills addition – see http://intralink/corp/people/epeople2/changeprogramme/pay/language_allowance.htm
Locally based face-to-face interpreters
7 It is necessary to find what interpreting services are available and used locally. For example, find out what services ate used by other Government Departments, Police, Local Authorities, Health Authorities, etc. In some places, there are community based interpreting services available. The Department is setting up face-to-face interpreting contracts, which may provide cover locally (DN – link?).
Telephone interpreting
8 Where face-to-face services cannot meet a particular need, and telephone interpreting is needed, the Departmental telephone interpreting contract, provided by Language Line, must be used – see Appendix 1.
9 The service can be used for interpreting either where the customer is present, or where the customer on the telephone.
10 Where it is difficult to identify the customer’s language, the Language Line operator can help to do this.
2
211 A Freephone telephone number - 0800 970 3456 - is provided for DWP staff to use when telephone interpreting needs to be accessed.
Is an interpreter needed?
12 In deciding whether the customer has sufficient language skills for the task in hand, consider the communication needs of both parties. The customer may be capable of receiving basic information and advice in English, for example, ‘this is the form you need’, or ‘you need to complete and sign it’, but may not be capable of asking questions like, ‘I have another problem, can you deal with that as well?’ or, ‘where can I get help in completing the form?’ If in doubt, obtain an interpreter.
13 In crisis or emergency situations, or where the customer is in distress, use the telephone interpreting service to meet the immediate need.
Paying for interpreters
14 If a customer provides their own professional, qualified interpreter, reasonable professional fees and expenses may be paid. The term ‘professional, qualified interpreter’ means:
interpreters on the National Register of Public Service Interpreters
interpreters employed by community-based interpreting services
holders of a Diploma in Public Service Interpreting, or similarly qualified interpreters
Friends and relatives accompanying customers should not be paid for interpreting.
Working with interpreters
15 More detailed guidance on how to work with interpreters is contained in appendix 2.
* In Wales, by law, customers may choose to be interviewed in Welsh if they prefer.
Appendix 1
The Departmental telephone interpreting contract - provided by Language Line
Full information about the service provided by Language Line can be found on the DWP Intranet – link http://intralink/corp/people/dwpcl/pdf/languageline/pdf .
Business Units using the service for the first time need to:
clear usage of the service with their Business Unit budget holder
contact Language Line on 0800 169 2879 to register to use the service and obtain an ID number for use when accessing interpreters; at this stage it is necessary to provide:
name of office contact point
details of sites covered
contact details for billing
The contract is on a ‘call-off’ basis, i.e., ‘pay as you use’. The rates are:
up to 5 minutes - £8; up to 10 minutes - £13; up to 15 minutes £17
each minute, or part thereof, after 15 minutes - £2.25
Language Line will provide user guides and free training sessions for new users of the service – which also includes existing users who have not previously availed themselves of training. New or existing users who would like to discuss any training need, should contact Language Line on 0800 169 2879.
2Two additional services are provided in the contract at the same rates as telephone interpreting. These are:
‘Text-to-speech’. Spoken translation of written documents. For obtaining a quick translation of a travel document or visa, when you do not require a translation in writing.
Assessment of interpreting skills. Language Line provide an assessment of whether a multi-lingual member of staff is competent to interpret in a particular language.
Any complaints about the service should be made initially to Atul Ambhetiwala at Language Line, tel 020 7520 1431. Please send a note with brief details of the complaint, the action taken, and an indication of whether the issue was satisfactorily resolved, to:
Roger Pugh, DWP Corporate Customer Liaison, 1st floor, Hull East SSO; email: Pugh Roger DWP CCL, and
Barbara Elliott, CSD Supply Operations, Room M1202, Durham House, Washington, Tyne & Wear; email: Elliott Barbara CSD SO
Appendix 2
Working with Interpreters
Confidentiality
The interpreter must keep to the same rules of confidentiality that govern the conduct of any business. If personal knowledge of a customer makes it difficult for an interpreter to work objectively, an alternative interpreter should be found.
Pre-interview action
The interviewer
Staff carrying out interviews through an interpreter should familiarise themselves with the interpreter’s role, or with any external interpreter's code of practice. When possible, sufficient notice should be given to the interpreter of the nature of the interview and the customer’s language, and dialect if appropriate, so that they may make any necessary preparations.
If possible, match the ethnic origin, gender and dialect of the interpreter to the customer’s.
The interpreter
When possible, and if necessary, interpreters need sufficient notice to make any preparations they might need for a specialised vocabulary.
The interview
The interviewer
Inform the customer of the interpreter’s role at the start of the interview. The recommended form of words to be used is:
‘Xxxxx is here to interpret for us. I have asked Xxxxx to interpret everything I say to you and everything you say to me. I have asked Xxxxx not to add his/her own comments, or to miss anything out. It is important for us not to say too much at once, to give Xxxxx chance to interpret. Xxxxx will tell us if he/she is concerned that we do not understand each other.If you have any problems with what Xxxxx is saying, please tell me.’
The interviewer:
should speak directly to the customer as if the interpreter was not there, and
must not make any comment, which is not for interpretation
should ask questions to check that the customer has understood
The interpreter
The role of the interpreter is to:
facilitate communication between the customer and the interviewer, and to interpret all that is said.
interpret subsequent explanations and not provide them.
The interpreter should advise the customer of their role, but, other than when it is necessary to seek clarification, there should be no separate dialogue between the interpreter and the other party(ies).
The interpreter should not act as an advocate for the customer but there are some circumstances where they may intervene, for example:
to ask for clarification if they have not fully understood the concept they are being asked to interpret
to point out if a customer has not understood the message although the interpretation was correct
to alert a customer to a possible missed inference, i.e. an inference that has not been stated but the knowledge of which may have been assumed
to challenge assumptions based on stereotyped images, incidents of racism and other discrimination
The interpreter will inform both the customer and the interviewer of the reason for any intervention.
In the unlikely event of a serious incident of racial or other abuse, the interpreter has the right to terminate an interview. They should make it clear why they are doing so but should not interpret abuse unless the customer specifically asks what was said.
Post interview action
The interviewer
The interviewer must not discuss the customer with the interpreter unless it is in the interests of the customer, and both the interpreter and customer agree. In this case, the interpreter will inform the customer of what was discussed.
If both staff and customer were happy with the interpreter, note the interpreter’s details in the customer’s records, so that the same interpreter can be used in any follow-up interview. This may be helpful, particularly in complex cases.
The interpreter
At the end of the interview, interpreters should satisfy themselves that the customer’s requirements have been reasonably fulfilled and make note of any follow up appointments where their services will be needed.
Staff using interpreters should maintain simple records of interpreting work undertaken. This should include the name of the customer, language, time of interview and cost, if appropriate. This will keep managers informed of the resources they are using for interpreting.
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