Cost savings on court interpreting services are anything but

Professional interpreters are boycotting courts because of new pay arrangements.

Whenever I am woken up on Saturday morning by a phone call, I know yet another blow has been dealt to British taxpayers. For it's almost certainly a magistrates' court requesting an interpreter to replace a no-show. If you missed the (surprisingly few) headlines dedicated to the recent confusion in courts, here is the story so far.

Until this year, courts used to book registered public service interpreters directly. On 1 February 2012, a new agreement was put in place, supposedly to make the system more efficient. The contract privatising court interpreting services in England and Wales was won by Applied Language Solutions (ALS), owned by the outsourcing firm Capita, which has promised to cut the annual £60m interpreting bill by 20 per cent. This figure, £12m per year, however attractive in the current climate, has two flaws: no one can see how it was derived, nor how it can be achieved.

Geoffrey Buckingham, the chairman of the Association of Police and Court Interpreters (APCI), said of ALS' target: “We first heard about it in September 2010, in a meeting with the MoJ. It was given as a ballpark figure, based on nothing solid and arrived at without any consultation.” APCI presented a number of documents to the MoJ, indicating that the spending is likely to increase as a result of outsourcing. This prediction turned out to be correct. Keeping people in custody while hearings are delayed costs money, as do appeals caused by poor interpreting. Buckingham also spoke of “the weekly humiliation of the criminal justice system”, referring to a number of cases adjourned because of interpreters' unprofessionalism. That's before you start counting the human costs of what appears to be a classical example of privatisation gone wrong.

It's not only the opponents of the Framework Agreement that point out its downsides – the MoJ now admits the savings may not be as great. Justice Minister Lord McNally said ALS had made “a very poor start to this contract” and that “some of the original estimates of a £12m saving in this first year will probably not be achieved.” Baroness Coussins, an independent cross-bench peer, was sceptical about the data supplied by ALS: “These figures come without any independent verification or audit and they tell a very different story from the complaints we are hearing daily from judges.” Indeed, it's hard to see how the MoJ can effectively monitor the quality of these services. Working for courts, I often wondered if anyone could give me any post-assignment feedback and once asked a clerk to fill in an improvised form; he was unable to write more than “was of assistance to judge.” Proper assessment would be too costly, whereas a certificate issued by an independent body is at least some guarantee that the person sitting in the dock is not going to call the defendant, accused of perverting the course of justice, a pervert.

The chaos in courtrooms was initially put down to “teething troubles”. An MoJ spokesperson admitted: “There have been an unacceptable number of problems in the first weeks of the contract” – thanks to incompetent interpreters who have failed to turn up on some occasions and made irreparable mistakes on others. When a Romanian interpreter mispronounced a defendant's statement, saying “bitten” instead of “beaten”, a retrial had to be ordered at Snaresbrook Crown Court, after the error was admitted. This four-day case is estimated to cost taxpayers £25,000; another one, in Leicester, which collapsed after three weeks for a similar reason, will be even more expensive. That ALS uses unqualified “linguists” is no secret; to prove this, a frustrated professional successfully registered her dead pet with the company.

Previously interpreters received a flat fee of £85, a lower quarter-hourly rate after three hours and were paid for travel time and expenses. This has been replaced by an hourly rate of £16, often with no travel reimbursement. No wonder the majority of professional interpreters are boycotting the ASL contract. Their protest outside the Houses of Parliament in April was strong but fruitless; still, Interpreters for Justice campaign continues. To keep the MoJ under pressure, activists go on writing to their MPs, signing petitions and reporting substandard cases online. Yelena McCafferty, an experienced court interpreter, said on behalf of her colleagues: “We feel the new principles are both unfair and completely unworkable from the practical point of view. Many interpreters have left the profession to try their skills elsewhere.” Asked about the MoJ's response, she added: “Not only are they failing to monitor the performance delivered – or undelivered – by ALS, they are also turning a blind eye to everything we have exposed in the media and on our campaign website.”

APCI submitted their own proposal aimed at improving court interpreting services nearly two years ago, but got no answer from the MoJ. The ministry seems to be less interested in cost reduction than Cambridgeshire Constabulary, which shashed their interpreting expenses via better management rather than payment cuts. “The Framework Agreement is dying a painful death,” said Buckingham. “I think it should be put to sleep.”

Let's hope someone is going to listen to the voice of reason. This would mean less disruption in courts, and in my home at weekends.

 

The Scales of Justice on top of the Old Bailey. Photograph: Getty Images
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The 8 bits of good news about integration buried in the Casey Review

It's not all Trojan Horses.

The government-commissioned Casey Review on integration tackles serious subjects, from honour crimes to discrimination and hate crime.

It outlines how deprivation, discrimination, segregated schools and unenlightened traditions can drag certain British-Pakistani and Bangladeshi communities into isolation. 

It shines a light on nepotistic local politics, which only entrench religious and gender segregation. It also charts the hurdles faced by ethnic minorities from school, to university and the workplace. There is no doubt it makes uncomfortable reading. 

But at a time when the negative consequences of immigration are dominating headlines, it’s easy to miss some of the more optimistic trends the Casey Report uncovered:

1. You can always have more friends

For all the talk of segregation, 82 per cent of us socialise at least once a month with people from a different ethnic and religious background, according to the Citizenship Survey 2010-11.

More than half of first generation migrants had friends of a different ethnicity. As for their children, nearly three quarters were friends with people from other ethnic backgrounds. Younger people with higher levels of education and better wages are most likely to have close inter-ethnic friendships. 

Brits from Black African and Mixed ethnic backgrounds are the most sociable it seems, as they are most likely to have friends from outside their neighbourhood. White British and Irish ethnic groups, on the other hand, are least likely to have ethnically-mixed social networks. 

Moving away from home seemed to be a key factor in diversifying your friendship group –18 to 34s were the most ethnically integrated age group. 

2. Integrated schools help

The Casey Review tells the story of how schools can distort a community’s view of the world, such as the mostly Asian high school where pupils thought 90 per cent of Brits were Asian (the actual figure is 7 per cent), and the Trojan Horse affair, where hardline Muslims were accused of dominating the curriculum of a state school (the exact facts have never come to light). 

But on the other hand, schools that are integrated, can change a whole community’s perspective. A study in Oldham found that when two schools were merged to create a more balanced pupil population between White Brits and British Asians, the level of anxiety both groups felt diminished. 

3. And kids are doing better at school

The Casey Report notes: “In recent years there has been a general improvement in educational attainment in schools, with a narrowing in the gap between White pupils and pupils from Pakistani, Bangladeshi and African/Caribbean/Black ethnic backgrounds.”

A number of ethnic minority groups, including pupils of Chinese, Indian, Irish and Bangladeshi ethnicity, outperformed White British pupils (but not White Gypsy and Roma pupils, who had the lowest attainment levels of all). 

4. Most people feel part of a community

Despite the talk of a divided society, in 2015-16, 89 per cent of people thought their community was cohesive, according to the Community Life Survey, and agreed their local area is a place where people from different backgrounds get on well together. This feeling of cohesiveness is actually higher than in 2003, at the height of New Labour multiculturalism, when the figure stood at 80 per cent. 

5. Muslims are sticklers for the law

Much of the Casey Report dealt with the divisions between British Muslims and other communities, on matters of culture, religious extremism and equality. It also looked at the Islamophobia and discrimination Muslims face in the UK. 

However, while the cultural and ideological clashes may be real, a ComRes/BBC poll in 2015 found that 95 per cent of British Muslims felt loyal to Britain and 93 per cent believed Muslims in Britain should always obey British laws. 

6. Employment prospects are improving

The Casey Review rightly notes the discrimination faced by jobseekers, such as study which found CVs with white-sounding names had a better rate of reply. Brits from Black, Pakistani or Bangladeshi backgrounds are more likely to be unemployed than Whites. 

However, the employment gap between ethnic minorities and White Brits has narrowed over the last decade, from 15.6 per cent in 2004 to 12.8 per cent in 2015. 

In October 2015, public and private sector employers responsible for employing 1.8m people signed a pledge to operate recruitment on a “name blind” basis. 

7. Pretty much everyone understand this

According to the 2011 census, 91.6 per cent of adults in England and Wales had English as their main language. And 98.2 per cent of them could speak English. 

Since 2008-2009, most non-European migrants coming to the UK have to meet English requirements as part of the immigration process. 

8. Oh, and there’s a British Muslim Mayor ready to tackle integration head on

The Casey Review criticised British Asian community leaders in northern towns for preventing proper discussion of equality and in some cases preventing women from launching rival bids for a council seat.

But it also quoted Sadiq Khan, the Mayor of London, and a British Muslim. Khan criticised religious families that force children to adopt a certain lifestyle, and he concluded:

"There is no other city in the world where I would want to raise my daughters than London.

"They have rights, they have protection, the right to wear what they like, think what they like, to meet who they like, to study what they like, more than they would in any other country.”

 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.