Translators in social security fraud investigations

Employment Minister set out the restrictions that apply to the use of translators/interpeters in fraud investigations. In a nutshell they must be:
- independent of the DWP and claimant;
- qualified to the minimum standard; and
- registered with National Register of Public Service Interpreters or Council for the Advancement of Communication with Deaf People.
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm130703/text/130703w0002.htm#13070396000096

So if X, who doesn’t speak English, goes to IUC with Y, who does speak it & can translate, Y will not be allowed to do so.

So what happens?  Do DWP or Local Authority get an independent translator?  Who pays for this?

The DWP pays.

Derek - 04 July 2013 05:03 PM

So if X, who doesn’t speak English, goes to IUC with Y, who does speak it & can translate, Y will not be allowed to do so.

So what happens?  Do DWP or Local Authority get an independent translator?  Who pays for this?

I feel very strongly that interpreters need to be independent, trained and skilful. I have worked with some poorly trained interpreters (some years ago) and it was a nightmare. Including one chap who translated what he thought the client should be saying - and not what she was actually saying -at the tribunal. One of the panel members spoke that particular language and it turned very awkward.

As fraud officers follow the code of practice laid down in PACE they should adhere to the following:

“3.12 If the detainee appears deaf or there is doubt about their hearing or speaking ability
or ability to understand English, and the custody officer cannot establish effective
communication, the custody officer must, as soon as practicable, call an interpreter for
assistance in the action under paragraphs 3.1–3.5. See section 13”

13 Interpreters
(a) General
13.1 Chief officers are responsible for making sure appropriate arrangements are in place for
provision of suitably qualified interpreters for people who:
• are deaf;
• do not understand English.
Whenever possible, interpreters should be drawn from the National Register of Public
Service Interpreters (NRPSI) or the Council for the Advancement of Communication with
Deaf People (CACDP) Directory of British Sign Language/English Interpreters.

(b) Foreign languages
13.2 Unless paragraphs 11.1, 11.18 to 11.20 apply, a person must not be interviewed in the
absence of a person capable of interpreting if:
(a) they have difficulty understanding English;
(b) the interviewer cannot speak the person’s own language;
(c) the person wants an interpreter present.
13.3 The interviewer shall make sure the interpreter makes a note of the interview at the
time in the person’s language for use in the event of the interpreter being called to give
evidence, and certifies its accuracy. The interviewer should allow sufficient time for the
interpreter to note each question and answer after each is put, given and interpreted
The person should be allowed to read the record or have it read to them and sign it as
correct or indicate the respects in which they consider it inaccurate. If the interview is
audibly recorded or visually recorded, the arrangements in Code E or F apply.
13.4 In the case of a person making a statement to a police officer or other police staff other
than in English:
(a) the interpreter shall record the statement in the language it is made;
(b) the person shall be invited to sign it;
(c) an official English translation shall be made in due course.

(c) Deaf people and people with speech difficulties
13.5 If a person appears to be deaf or there is doubt about their hearing or speaking ability,
they must not be interviewed in the absence of an interpreter unless they agree in writing
to being interviewed without one or paragraphs 11.1, 11.18 to 11.20 apply.
13.6 An interpreter should also be called if a juvenile is interviewed and the parent or guardian
present as the appropriate adult appears to be deaf or there is doubt about their hearing
or speaking ability, unless they agree in writing to the interview proceeding without one
or paragraphs 11.1, 11.18 to 11.20 apply.
13.7 The interviewer shall make sure the interpreter is allowed to read the interview record
and certify its accuracy in the event of the interpreter being called to give evidence. If
the interview is audibly recorded or visually recorded, the arrangements in Code E or F
apply.

(d) Additional rules for detained persons
13.8 All reasonable attempts should be made to make the detainee understand that
interpreters will be provided at public expense.
13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because
of language, hearing or speech difficulties, an interpreter must be called. The interpreter
may not be a police officer or any other police staff when interpretation is needed for
the purposes of obtaining legal advice. In all other cases a police officer or other police
staff may only interpret if the detainee and the appropriate adult, if applicable, give their
agreement in writing or if the interview is audibly recorded or visually recorded as in Code
E or F.
13.10 When the custody officer cannot establish effective communication with a person
charged with an offence who appears deaf or there is doubt about their ability to hear,
speak or to understand English, arrangements must be made as soon as practicable
for an interpreter to explain the offence and any other information given by the custody
officer.

(e) Documentation
13.11 Action taken to call an interpreter under this section and any agreement to be interviewed
in the absence of an interpreter must be recorded.