Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what steps he is taking to help ensure that deaf people are not wrongly identified as lacking mental capacity due to communication barriers.
Answered by Stephen Kinnock - Minister of State (Department of Health and Social Care)
The Mental Capacity Act (MCA) 2005 already provides a legislative basis for providing interpreters, including British Sign Language interpreters, for people with specific communication needs. One of the foundational principles of the MCA is that individuals must be given all possible support to make, or participate in making, their own decisions. This includes taking "all practicable steps" to help them understand, weigh up information, and communicate their choice. Section 3.11 of the MCA Code of Practice provides detailed guidance on this.
My Rt Hon. Friend, the Secretary of State for Health and Social Care will also launch a joint consultation with the Ministry of Justice on the Liberty Protection Safeguards in the first half of next year. This consultation will seek the views of those affected, including members of the deaf community and experts who work with deaf individuals. The responses from this consultation will be used to inform a final MCA Code of Practice which will be laid in Parliament.
Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, if he will take legislative steps to ensure that BSL interpreters are provided during mental capacity assessments.
Answered by Stephen Kinnock - Minister of State (Department of Health and Social Care)
The Mental Capacity Act (MCA) 2005 already provides a legislative basis for providing interpreters, including British Sign Language interpreters, for people with specific communication needs. One of the foundational principles of the MCA is that individuals must be given all possible support to make, or participate in making, their own decisions. This includes taking "all practicable steps" to help them understand, weigh up information, and communicate their choice. Section 3.11 of the MCA Code of Practice provides detailed guidance on this.
My Rt Hon. Friend, the Secretary of State for Health and Social Care will also launch a joint consultation with the Ministry of Justice on the Liberty Protection Safeguards in the first half of next year. This consultation will seek the views of those affected, including members of the deaf community and experts who work with deaf individuals. The responses from this consultation will be used to inform a final MCA Code of Practice which will be laid in Parliament.
Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what data his Department holds on the number of interpreters used in the court system in each of the last fives years; and what languages these interpreters were for.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice uses interpreting and translation services provided under contract.
The information requested is not held centrally.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has reviewed the (a) confirmation, (b) tracking and (c) communication of British Sign Language interpreter bookings between HMCTS staff and jurors.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice is committed to ensuring fairness and accessibility of services for all participants, including deaf jurors.
Whilst HM Courts and Tribunals Service (HMCTS) does not record protected characteristics of jurors in respect of complaints, an interrogation of data held suggests that in the last 12 months, HMCTS is aware of one instance where a juror needing a British Sign Language interpreter was unable to complete their jury service. HMCTS is investigating the circumstances to understand what occurred.
Guidance is in place and is kept under review for HMCTS staff in relation to arranging registered British Sign Language interpreters for jurors.
Deaf relay interpreters are not currently used for juror provision.
The provision of British Sign Language interpreters to the Ministry of Justice is provided by Clarion UK Ltd. Detailed guidance and training is provided to courts and tribunals staff responsible for booking interpreters to ensure they follow the correct processes and book suitably qualified interpreters. The supplier provides confirmation of a booking once an interpreter is allocated and this is monitored throughout the booking duration. The Ministry of Justice maintains strong governance through a dedicated Commercial and Contract Management team, ensuring the provider is held accountable and the service is delivered to agreed standards.
Jurors are proactively updated about changes in booking arrangements, and provided with written induction materials, interpreter oaths and relevant guidance documents. Where appropriate, jurors requiring BSL interpretation may also be invited to a pre-court visit with an interpreter present. This enables them to familiarise themselves with the courtroom, ask questions about the process and discuss their needs, helping to reduce anxiety and build confidence before their service begins.
HMCTS keeps operational guidance, training and processes under regular review.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been unable to complete jury service because of a lack of British Sign Language provision in the last 12 months.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice is committed to ensuring fairness and accessibility of services for all participants, including deaf jurors.
Whilst HM Courts and Tribunals Service (HMCTS) does not record protected characteristics of jurors in respect of complaints, an interrogation of data held suggests that in the last 12 months, HMCTS is aware of one instance where a juror needing a British Sign Language interpreter was unable to complete their jury service. HMCTS is investigating the circumstances to understand what occurred.
Guidance is in place and is kept under review for HMCTS staff in relation to arranging registered British Sign Language interpreters for jurors.
Deaf relay interpreters are not currently used for juror provision.
The provision of British Sign Language interpreters to the Ministry of Justice is provided by Clarion UK Ltd. Detailed guidance and training is provided to courts and tribunals staff responsible for booking interpreters to ensure they follow the correct processes and book suitably qualified interpreters. The supplier provides confirmation of a booking once an interpreter is allocated and this is monitored throughout the booking duration. The Ministry of Justice maintains strong governance through a dedicated Commercial and Contract Management team, ensuring the provider is held accountable and the service is delivered to agreed standards.
Jurors are proactively updated about changes in booking arrangements, and provided with written induction materials, interpreter oaths and relevant guidance documents. Where appropriate, jurors requiring BSL interpretation may also be invited to a pre-court visit with an interpreter present. This enables them to familiarise themselves with the courtroom, ask questions about the process and discuss their needs, helping to reduce anxiety and build confidence before their service begins.
HMCTS keeps operational guidance, training and processes under regular review.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether guidance has been issued to HM Courts and Tribunals Service staff on arranging (a) registered sign language interpreters and (b) deaf relay interpreters for jurors.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice is committed to ensuring fairness and accessibility of services for all participants, including deaf jurors.
Whilst HM Courts and Tribunals Service (HMCTS) does not record protected characteristics of jurors in respect of complaints, an interrogation of data held suggests that in the last 12 months, HMCTS is aware of one instance where a juror needing a British Sign Language interpreter was unable to complete their jury service. HMCTS is investigating the circumstances to understand what occurred.
Guidance is in place and is kept under review for HMCTS staff in relation to arranging registered British Sign Language interpreters for jurors.
Deaf relay interpreters are not currently used for juror provision.
The provision of British Sign Language interpreters to the Ministry of Justice is provided by Clarion UK Ltd. Detailed guidance and training is provided to courts and tribunals staff responsible for booking interpreters to ensure they follow the correct processes and book suitably qualified interpreters. The supplier provides confirmation of a booking once an interpreter is allocated and this is monitored throughout the booking duration. The Ministry of Justice maintains strong governance through a dedicated Commercial and Contract Management team, ensuring the provider is held accountable and the service is delivered to agreed standards.
Jurors are proactively updated about changes in booking arrangements, and provided with written induction materials, interpreter oaths and relevant guidance documents. Where appropriate, jurors requiring BSL interpretation may also be invited to a pre-court visit with an interpreter present. This enables them to familiarise themselves with the courtroom, ask questions about the process and discuss their needs, helping to reduce anxiety and build confidence before their service begins.
HMCTS keeps operational guidance, training and processes under regular review.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department monitors compliance with the legal right to British Sign Language interpreters in jury deliberation rooms in the Police, Crime, Sentencing and Courts Act 2022.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Police, Crime, Sentencing and Courts Act 2022 placed the right to British Sign Language (BSL) interpreting in the jury deliberation room on a statutory footing (now section 9C of the Juries Act 1974). The Ministry of Justice is committed to ensuring the justice system is supported by a range of high-quality language services that meet the needs of all those that require them. Visual and tactile provisions, including sign language interpreters, are met and monitored through the Ministry of Justice's language services contract with Clarion Interpreting Ltd.
Whilst HM Courts and Tribunals Service (HMCTS) does not record protected characteristics of jurors in respect of complaints, an interrogation of data held suggests that there have been two recorded complaints regarding interpreter provision for jury service support in the last five years. When concerns are raised, HMCTS addresses them at a local level and, where appropriate, escalates issues through established contract management processes and ongoing improvements in data quality and governance.
The quality of interpreting provided to the Department, including the management of its register of interpreters, is assured by an independent provider, The Language Shop (TLS). TLS undertakes a programme of assessments for interpreters, as well as an annual audit of supplier processes for onboarding new interpreters. These safeguards ensure the legal right is delivered in practice while maintaining the integrity of the jury room.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the potential impact of interpreter absence on the ability of deaf jurors to fully participate in court proceedings.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government is committed to ensuring that all jurors are able to participate effectively in the Criminal Justice System. Since new legislative provisions came into force in 2022, deaf jurors may be granted the assistance of British Sign Language (BSL) interpreters in the jury deliberation room. If an interpreter is unavailable at any point, it is for the trial judge to decide whether to proceed or to adjourn until appropriate support is in place. Courts source interpreters through the Ministry of Justice’s contracted suppliers, with contingency arrangements (including booking pairs of BSL interpreters for deliberations) to manage fatigue and ensure quality.
HMCTS guidance makes clear that reasonable adjustments must be put in place to enable jurors with disabilities to participate, and that interpreter support should be arranged promptly where required. Where an interpreter is temporarily unavailable, jury officers and the judge will consider appropriate interim steps, such as written communication, assistive listening technology, or a brief adjournment, so that the juror is not disadvantaged. Judicial guidance in the Equal Treatment Bench Book underlines that arrangements are judicially led in line with legislation.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance his Department provides to court staff on communicating with deaf jurors in the absence of an interpreter.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government is committed to ensuring that all jurors are able to participate effectively in the Criminal Justice System. Since new legislative provisions came into force in 2022, deaf jurors may be granted the assistance of British Sign Language (BSL) interpreters in the jury deliberation room. If an interpreter is unavailable at any point, it is for the trial judge to decide whether to proceed or to adjourn until appropriate support is in place. Courts source interpreters through the Ministry of Justice’s contracted suppliers, with contingency arrangements (including booking pairs of BSL interpreters for deliberations) to manage fatigue and ensure quality.
HMCTS guidance makes clear that reasonable adjustments must be put in place to enable jurors with disabilities to participate, and that interpreter support should be arranged promptly where required. Where an interpreter is temporarily unavailable, jury officers and the judge will consider appropriate interim steps, such as written communication, assistive listening technology, or a brief adjournment, so that the juror is not disadvantaged. Judicial guidance in the Equal Treatment Bench Book underlines that arrangements are judicially led in line with legislation.
Asked by: Matt Vickers (Conservative - Stockton West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department has considered setting national minimum standards for British Sign Language interpreter provision across all courts.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice has set national minimum standards for British Sign Language (BSL) interpreter provision across courts through the Language Services Contract. All interpreters must be registered with a voluntary National Regulator for Language Service professionals, with the minimum qualification standard for court work being a Level 6 BSL qualification.