MOJ Framework Contract with ALS - There may be trouble ahead ...

I make no secret of our firms' very real concerns about the MOJ contract with Applied Language Solutions and are thus pleased to give this letter, from the Professional Interpreters' Alliance some wider publicity

Already, we have experienced a problem with a client - a man making his first ever appearance in a court -  being kept for several hours in a court cell with no way of explaining the delay to him. The police had booked an interpreter for 9.30am. ALS forgot to send someone. An interpreter eventually arrived at 1.35pm

I would urge everyone to make sure that any problems are reported to the MOJ at the email address or telephone number contained in the letter

Dear Sir or Madam,

Ministry of Justice Framework Contract with AppliedLanguage Solutions

We are writing to you on behalf of the Professional Interpreters’ Alliance, concerning the Ministry ofJustice’s decision to move to a commercial Framework Agreement for the deliveryof language services in the Criminal Justice System.

The Framework Agreement with Applied Language Solutions Ltd (ALS, now part of Capita PLC) has become operational and extends across HMCTS, CPS, NOMS and a small number of police forces. Consequently, we would like to make you aware of some surrounding issues.

The Ministry of Justice’s Framework Agreement with ALS represents turning back the clock on decades of policy development. The National Agreement on Arrangements for the use of Interpreters, Translators and Language Service Professionals in Investigations and Proceedings within the Criminal Justice System, as revised 2007, is now defunct.

It was introduced to address concerns raised by Lord Runciman about the difficulty of obtaining goodq uality interpreters in his Report of the Royal Commission on Criminal Justice in July 1993, and in Lord Justice Auld’s Review of Criminal Justice in 2001.

In 2006 a Home Office Circular (17/2006) reinforced the importance of the National Agreement and the quality ofinterpreting services, and subsequent amendments were made to strengthen the National Agreement, ensuring only registered and qualified interpreters could practise in the Criminal Justice System.

Under the previous arrangements, spoken-language interpreters were primarily drawn from the National Register of Public Service Interpreters (NRPSI). These interpreters are formally qualified, experienced and CRB-checked as a minimum (many also have higher levels of vetting such at Counter Terrorist Check and Security Check),and are registered professionals who are accountable through a professional code of conduct and an independent complaints and disciplinary procedure.

Registered Public Service Interpreters (RPSIs) and their membership organisations opposed the Applied Language Solutions contract from the outset. The refusal by the majority of RPSIs to provide their services through ALS received media coverage and has caused certain parliamentary questions to be asked.

To quantify this opposition,NRPSI registered interpreters started a list of those refusing to work forjustice organisations through Applied Language Solutions Ltd. So far, 60% haveregistered and in some areas, 3 out of every 4. A summary of the current listentries showing national refusal rates by language and by area can be seen here

The Professional Interpreters’ Alliance is concerned that many legal professionals working in HM Courts and Tribunals Service seem to be unaware of the type of person now delivering these services on behalf of Applied Language Solutions Ltd whenR PSIs are no longer being engaged.

We are extremely fearful of the consequences of this national contract for Equal Access to Justice for non-English speakers. A defendant, complainant or witness is now sometimes being provided with the assistance of a person with scant knowledge of one or both languages, no formal interpreting qualifications, no prior court or police interpreting experience and potentially no personal vetting.

You can appreciate the inherent dangers to the delivery of justice that arises out of inadequate interpreting. The cost to the judiciary of adjournments, mis-trials, appeals and failed prosecutions as a result of inadequate interpreters is already rising by the day.

Justice cannot be done without experienced, professionally qualified and vetted registered interpreters.

We trust this information will be of assistance to your understanding of the present situation and urge you to be observant, vigilant and critical with regard to the quality of interpreting you receive and witness. PIA understands that all complaints arising from the new arrangements for booking interpreters and commissioning translations through Applied Language Solutions are to be referred to Louisa Carrad at the Ministry of Justice: louisa.carrad@cjs.gsi.gov.uk; telephone 07775816972.

Independent freelance interpreters with extensive professional experience in CJS can be engaged directly via the National Register of Public Service Interpreters

The Professional Interpreters’ Alliance welcomes every opportunity for dialogue with interpreting service users so please don’t hesitate to contact us should you wish to receive more information about the matters raised in this letter.

Yours faithfully

 Madeleine Lee, Director
John Podvoiskis, Director

Professional Interpreters'Alliance