We are becoming increasingly concerned about a number of evidence based cases that have been brought to our attention, regarding the limited capability for work-related activity, under Appendix 2 of the ESA assessment process, "Information to be provided for the limited capability for work-related activity assessment". In particular, section 11 - Communication. ESA Regs, Sch3, Para 11 Communication A(iv) - Level 3 BSL.
We now have a number of cases, where profoundly and pre-lingually deaf people who are receiving the work related activity component of ESA, but who should realistically be in receipt of the support component under ESA Regs, Sch 3, Para 11, are being refused, with the reason given, that they can communicate to "sign language standard equivalent to Level 3 BSL".
There is NO recognised method of assessing a deaf persons ability to use BSL, as it is not a measurement of a deaf persons ability to communicate, Rather, Level 3 is a qualification which can be obtained by a hearing person wishing to act as a BSL interpreter, to communicate with a deaf person.
A 'healthcare professional' does not receive the training nor has the qualifications to decide upon a persons level of communication in relation to BSL and to date, we have no information on expert assessment being sought. Therefore, we are seeking information on any similar examples anyone may have.
We have formally written to DWP about this and have been in contact with the President of the Tribunal service, as we feel panels will be faced with the same dilema, that they cannot assess a persons level of BSL, without an expert assessment.
Thanks to those who have forwarded cases to date.

"Rather, Level 3 is a qualification which can be obtained by a hearing person wishing to act as a BSL interpreter, to communicate with a deaf person."

quite. sounds like a fundamental misunderstanding of sign language....

The RNID website has a very good guide to the different levels of BSL training.
Level 1 (50 hours) covers topics such as the weather, home and numbers.
Level 2 (90 hours) - eating, drinking, travel, and everyday conversations.
There is then obviously a dealy before most people are ready for level 3. They need to undergo language development training (for which there is a separate course) if their knowledge of the langauge is not good enough for level 3.
Level 3 itself is the level at which people can become trainee interpreters. It is comprehensively assessed by the use of written and video portfolios.
I understand that most Deaf signers do not communicate reliably at level 3, which looks as if it is around A level (just as most English speakers do not perform at A level "use of English")
Finally level 4 is needed to be a fully qualified interpreter, which is a full NVQ with 5 modules in it, so pretty much degree level.
A couple of advisers from my bureau got as far as level 2 and found it of practical use in dealing with Deaf clients.