Guidance on use of Translators and Interpreters Interpreting: When to use a professional interpreter Whenever the service user (or parent, carer, potential service user, voter or citizen) and the officer of the Authority do not fully share a language, an interpreter may be needed. In making a decision, you must consider that: Failure to use a qualified or trained interpreter where needed could lead to legal challenge. Not providing interpreting or translation, or providing it “on the cheap” by using people who do not have the relevant qualifications, is to provide a poorer service to people whose first or preferred language is not English which can be a form of discrimination and/or racism. If mistakes are made, the Council could be sued and you could be disciplined if the service user suffered detriment. Under stress, people are likely to be less competent than usual in their second language. A superficial fluency in everyday English should not be mistaken for an ability to convey or understand complex information or to express the nuances of emotion and feelings. Second language speakers usually first develop competence in the limited number of contexts where they use the language most, e.g. for shopping, travel, or in their own type of work. Family and friends who can use British Sign Language (BSL) may similarly have limited fluency. Local government and social work use their own technical terms and jargon, sometimes using common words in specialised ways. Some encounters with social services are crucial events, and misinterpretations can have very serious consequences. 1 For example, translating the word “rocking” as “shaking” when referring to a baby could be disastrous for the family concerned, even though the difference in meaning between the two words is not enormous. Family and friends may have conflicts of interest or may wish to protect a family member from criticism or bad news. Some languages have words which cannot be directly translated into English, and vice versa. Languages may have many words for which there is only one word in English and vice versa. For example, some languages have different words for a whole range of family relationships which are not distinguished in English - distinguishing between maternal and paternal grandparents, aunts, uncles and cousins, blood relatives and relatives by marriage, for instance. It will be very difficult to make sense of these crucial relationships when working in English alone. In practice, struggling to communicate without an interpreter may extend the length of an interaction or interview by two or three times, and even then there may be misunderstandings which will have to be resolved later. Multi-lingual staff are a very useful resource for communicating with people whose language they share; however, they are not professional interpreters and should be protected from being expected to have those skills, and from additional or skewed workloads because they are called on to “interpret”. It therefore makes sense in terms of justice, fairness, value for money, and quality to employ qualified or trained interpreters whenever needed. In an emergency - in high risk situations - you may have to dispense with an interpreter if one is not immediately available, and communicate by whatever means you can. This may include using friends, neighbours, even children, signs, gestures, or, with deaf people, simple writing. All these means have major limitations. As soon as possible, you should revisit the situation using a qualified or trained interpreter. You may ask the service user whether they need an interpreter, but you should also use your own judgement about their fluency in English. When a service user indicates that they require an interpreter, or where it is your judgement that they need one, if the service user’s or carer’s civil liberties may be implicated, or where prosecution may be involved (for example, child protection conferences, mental health assessments, protection of vulnerable adults), you must use a qualified or trained interpreter. You must do this even if the service user states that they do not want an interpreter, or that a friend or relative will interpret. 2 Using qualified or trained interpreters has been shown to have major benefits for service users, professionals and the service, including better, more accurate communication improved outcomes shorter interventions better informed service users, better able to participate reduced stress for all participants better practical provision to meet cultural needs and preferences Process As part of your initial assessment, you must record the first or preferred language of the service user (or parent, carer, or potential service user); this includes recording where someone’s first or preferred language is British Sign Language (BSL). If the service user’s (or parent’s, carer’s, or potential service user’s) first or preferred language is not English (and you or others attending the meeting are not fluent in this language) you must consider whether an interpreter is needed. If the service user (or parent, carer, or potential service user) is deaf, you must consider whether a British Sign Language (BSL) interpreter is needed. Some deaf people may require a lip speaker or note taker. Deaf blind people may require a specialised interpreter. If you conclude that an interpreter is not needed for someone whose first or preferred language is not English, you must record your reasons in the file. You must have the approval of your line manager to use an interpreter. Aim to provide as much notice as possible to the Interpretation service provider. Book the interpreter utilising the County Council’s Approved List of Interpreters and Translators . Contact details, including office hours, emergency number and prices are found on the Equality & Diversity Web Pages. Important note for staff who carry out interviews under caution: Crown Prosecution Guidelines for interviewing defendants under caution require the use of interpreters from the National Register of Public Service Interpreters (NRPSI). Therefore staff who carry out interviews under caution must use interpreters selected from the National Register of Public Service Interpreters (NRPSI). When booking an interpreter with one of our approved suppliers, you will need to advise them that you require an interpreter who is NRPSI registered. 3 Before you start the interview or meeting Brief the interpreter about the interview, and explain any concepts or technical terminology you might use. Tell the interpreter how you want to work - in most situations, verbatim translation will be needed, but in some circumstances the interpreter may explain matters to both parties. Ask the interpreter how they need to work in order to achieve a satisfactory outcome. Ask the interpreter to stop you if you talk too fast or do not pause often enough. You should take account of gender, religion, class, caste and age. Ask the interpreter about specific cultural or social protocols (whether it is appropriate to shake hands, and make eye contact). Discuss how you want to proceed if the service user becomes upset, angry or distressed. Arrange the seating so that everyone can see each other fully. At the beginning of the Interview or Meeting you should Try to check that the service user feels able to talk openly to the interpreter - this is difficult to do, but ask the interpreter whether there is any reason why the service user might be reluctant; and ask the interpreter to reassure the service user about complete confidence. Remember that the interpreter and service user(s) may need time to get to know each other. In some cultures, it would be seen as discourteous to go straight into the content of the discussion. Allow some time for this. During the Interview or Meeting you must Remember that you are still responsible for the service user(s). Greet them, face them when you speak, make appropriate eye contact, use normal gestures and expressions - try not to draw back (physically or emotionally) because you are communicating through an interpreter. Keep your English simple and jargon-free. Break up what you have to say into manageable chunks. Use all your normal communicating skills - listening, observing, responding, explaining, and checking. Recognise that interpreting is tiring for all present, but especially for the interpreter - build in short breaks. Do not expect the interpreter to do your job for you - it is your responsibility to ensure that the service user understands, has no unanswered questions, knows what will happen next, or what he or she must do next. Ask the interpreter for a summary of any direct conversations he or she has with the service user. Although your first responsibility is to the service user, try to support the interpreter, be patient if interpretation sometimes takes a while, and respect the interpreter’s expertise and judgement. 4 After the Interview or Meeting you should Go over it with the interpreter and the service users and check whether there was anything which could not be explained or understood, whether there were non-verbal messages you might have misunderstood, whether there were cultural or religious references you might have missed, and whether there were ways you could have made the interpreter’s task easier (for next time!). If the session has been at all distressing for the service user(s), you may need to spend time helping the interpreter to come to terms with it. Ensure that you record that an interpreter was used, with name and contact details, and any comments you may have, completing any feedback questionnaire provided by the interpreter. Translation: When to translate documents or communications Even in parts of the country with large minority ethnic populations, the take up of information produced in other languages has reportedly not been large. It is usually therefore most effective to offer translation for printed documents on demand or in response to known needs or when targeting a specific community. All essential letters, reports and minutes of meetings should be translated for service users, and they should be given sufficient time to read them before an interview, meeting or case conference. If the service user cannot read well, then documents should be read onto tape or read to the service user by the interpreter at the start of the meeting. For British Sign Language users, provision should be made for a sign language interpreter to go through the documents in advance of a meeting. Using Translators (for other languages including British Sign Language) You must us the County Council’s Approved List of Interpreters and Translators. Contact details, including office hours, emergency number and prices are found on the Equality & Diversity Web Pages. The provider will give details of acceptable formats for translated documents and response times. Explain the purpose of the translation - is it a formal or an informal letter? a leaflet? an advertisement? who is going to read it? what level of prior knowledge will they have? what level of literacy can you assume? Ensure timescales are understood and wherever possible give as much notice as possible ahead of deadlines. Some deaf people may have poor literacy in English since English may not be their first language. It is therefore essential to use Plain English and you should consider supplementing the written text with pictures and signs. 5 If your information is written in Plain English, it will be much easier to translate. The basic rules are: use active rather than passive tenses keep sentences short use short words in everyday use keep paragraphs short For comprehensive guidance and information on improving communications, please see the section on Accessible Communications on the Equality and Diversity web pages. 6