Client is Somalian and cannot speak English, received DLA but during periodic review EMP made a visit but could not speak Somalian and client's daughter acted as interpreter but was unable to understand the medical terms used by EMP therefore there were serious misunderstandings from the visit. DLA was stopped on the evidence given by EMP.
Does the DWP have responsibility to provide an interpreter at a visit by EMP or is this the claimant's responsibility?

DWP should provide an interpreter but do not always do so. It is in the interests of justice for the EMP visit to be conducted in a way teh calim,ant can umderstand.
We have had numerous problems with this issue. Sometimes, the message does not seem to get passed from the DWP to medical services; sometimes medical services take no notice anyway!
I would suggest asking that the EMP report be ignored (either at revision or at appeal)as the evidence in it is not reliable due to inadequate translation. They may arrange for another EMP (hopefully with interpreter!. I have known a tribunal to adjourn and instruct the DWP to arrange for another EMP visit with interpreter.
And finally, your client might want to complain. I have known people to do this and while the result has never been a wholehearted apology, at least it is registered as a complaint. I was at a meeting with medical services last week and tehy asured us that they do investigate the complaints and will take further action if they see a pattern emerging.

As far as interpreters are concerned,it is for the claimant to notify the DWP that they cannot speak, or understand English, and they should(if possible) give the name of someone who can help them. DWP will provide an interpreter where the claimant has been unable to provide their own.

I hope that the lady from Somalia was given adequate notice of the EMP visit as I know someone who had a DLA visit out of the blue one Sunday evening by a doctor who was on his way home and didn't have the forms with him so he complted them when he got home!!!

Had the same issue with a polish lady and had the added complication that as polish community is very small and claimant knew the interpreter personally. Had to advise DWP that it would be more appropriate to request interpreter from out of area and to check claimant didn't know them.Confidetiality issues. EMP actually used daughter as interpreter in my case too. Adult daughter with downs syndrome, very able but the EMP said there was no obvious learning difficulty with the claimants daughter. Mum hadn't wanted daughter to be aware of her difficulties as she didn't want to scare her with the extent of her illness.DWP were informed of this.Unsuprisingly family didn't feel too nmuch confidenece in the drs ability to assess difficulties.

In the circumstances described I would agree that a family member or friend should not act as interpreter and that DWP should be the one to provide the interpreter.In fact in most circumstances a family member or friend is not suitable.Problems sometimes arise when we can only get a male interpreter but the claimant's religion or culture mean that a female is required (or vice versa) and this means that the claim is delayed until a suitable interpreter is found.

There is official guidance available to DWP on the subject of Interpreters - which I'm hoping Ken can post on here in a while - although it is aimed more at local offices, it should nevertheless be applicable to DLA visits as well.

thanks to mike .... here's a copy of the guidance -

http://www.rightsnet.org.uk/pdfs/DWP_interpreting_guidance.doc

an interesting and useful thread, and I read the DWP policy link with particular interest.
However, I note that no reference is made in that document to the very valid point raised earlier about gender/ culture/ religious sensitivities. Perhaps "our" readers in DWP/JC+-land would care to comment on their attitude to this aspect?

Thank you to all for your very helpful comments and to Mike for the link to the guidance.
Application for appeal has been made!