WCA & Communication problems

Are there any issues with a client attending a WCA where the Healthcare Professional chose to speak his native language (Portuguese) even though the client had not requested an Interpreter? The client’s English is not great, but I still find it odd that the G.P would choose speak Portuguese without it being requested.

He failed his WCA by the way

Call me thick….but what kind of issue are you thinking of?

Hello Nick.. Doubt that I’d ever call you “thick” Lol!

Not really too sure what the issue (if there is one) could be. I guess i’m a little confused that the Medical examiner took it upon herself to speak to the client in Portuguese, even though he did not request an Interpreter.

The report stated “the client had no problems with communicating, and was able to maintain good eye contact”. The client is in fact prone to being quite short tempered and has aggressive tendancies. My concern is that by resorting to their native language, did this pre-empt a more relaxed interview, with the client feeling more of a connection?

Probably clutching at straws, but was wondering if the process had been dealt with correctly

If the client was unable to communicate in English (or Welsh) that an independent & qualified translator was required. If the assessment was conducted in Portugese it would call into question the reliability of the report before a tribunal and should be a matter of complaint to Atos.

More difficult to argue that lack of English is relevant to WCA Schs 2 or 3.

It would appear that some Atos healthcare proffessionals ability to communicate in English is so limited that each claimant should complain about that issue.

just to clarify - do you mean, your client is Portuguese, and the doctor was able to speak to him in fluent Portuguese such that they could understand each other?

Hiya Claire - Yes the client is Portuguese & whilst he can hold a conversation in English, it does tend to be fairly simplistic (not doubting the client’s intelligence by the way).

Was the doctor Portuguese as well?

I can speak a bit of French but that doesn’t mean I could interview somebody in French and draw accurate and justified conclusions from what was said. I feel sure that the Tribunal would take a view about the quality of the medical evidence if it transpired that the doctor’s grasp of Portuguese was less than satisfactory

I believe that the G.P was Portuguese as well.

My only thoughts on this are that the client may have come across more relaxed at the medical than he would have otherwise.

The client is already having difficulties with the Local Authority (benefit issues) because he finds written English very difficult to understand & the complexities of the whole benefit system escape him.

If I read this right, and I might not be, are you saying that when he communicates in English it causes problems resulting in inappropriate behaviour by way of frustration and that the fact the doctor spoke portugese this was removed?  If so, this isn’t a real reflection of his behaviour when out and about in his local community?

and, if that is right (what pete said) then on what grounds is he claiming ESA and why otherwise should he have passed the WCA?