Interpreting and Translation Policy

Transcription

1 Interpreting and Translation Policy Exec Director lead Author/ lead Feedback on implementation to Karen Tomlinson Liz Johnson Tina Ball Date of draft February 2009 Consultation period February April 2009 Date of ratification April 09 th 2009 Ratified by EDG Date for review April 2011 Target audience All Trust staff who may use interpreters or need to facilitate translation of material Policy version and advice on availability and storage This is the first version of this policy

2 Contents: Section Page 1. Introduction 3 2. Definitions 4 3. Purpose of this policy 4 4. Duties 4 5. Scope of this policy 5 6. Details Interpreting When to use an interpreting service Methods of interpreting Procedures for Accessing Interpreters Use of Carers, Relatives or Friends to Provide Interpreting Services Children,Young People and Vulnerable Adults Use of Trust Staff Recording Emergencies Events and Consultation Standards Type of interpreting service used Responsibility for interpreters Training Translation When to translate material Providing translated material to an individual or small group Mail Outs and Consultation Surveys and Reviews Staff Standards Trust Staff Identifying and Monitoring Resources 7 Dissemination, storage and archiving 11 8 Training and other resource implications for this policy 11 9 Audit, monitoring and review Implementation plan Links to other policies, standards and legislation Contact details References 12 Supplementary Section A - Equality impact assessment form 14 Supplementary Section B - Human rights act assessment 17 checklist Supplementary Section C Consultation process 18 There is no flow chart attached to this policy - 2 -

3 1 Introduction The Trust has a statutory duty to ensure equality of access to its services and not to directly or indirectly discriminate against its services users due to Race or Disability. The Trust also provides its services in line with standards that are set down by regulatory authorities. The main legislation which applies to this area is: Human Rights Act (1998) Race Relations Amendment Act (2000) The Disability Discrimination Act (1995) and the Disability Discrimination Act (2005) The need for access to effective translation and interpreting services is considered or relevant within a number of policy and guidance reports and frameworks for example: The National Service Framework for Mental Health (1999) Valuing People (2001) identifies the obligation to provide effective interpreting services, in the context of the provision of high quality care to meet the needs of diverse groups. Choices -Mental Health National Service Framework Autumn Assessment includes findings relevant to the need for accessible interpreters and translation services National Service Framework for Older people Various guidance issued as part of the DoH work on Delivering Race Equality Mental Health and Deafness - Towards Equity and Access 2005 In addition, the Healthcare Commission has set certain standards that are relevant to this policy (The Healthcare Commission is an independent body which promotes improvement in the quality of healthcare and public health) Development standard D2b Take into account of individual requirements and meet physical, cultural, spiritual and psychological needs and preferences Core standard C7e- Challenge discrimination, promote equality and respect human rights Core Standard C13a Health care organisations have systems in place to ensure that staff treat patients, and their relatives and carers with dignity and respect: Core Standard 18 Health care organisations enable all members of the population to access services equally and offer choice in access to services and treatment equitably Procedures relevant to the provision of translation and interpreting services have also been developed to ensure the effective implementation of this policy

4 2 Definitions This policy is aimed at addressing the formal process of interpreting or translation i.e. see the following definition. It is not intended to prevent a member of staff from generally communicating with another person in a different language or through BSL. Translation is often used as a generic term to refer to the transfer of thoughts and ideas from one language (source) to another language (target) regardless of the form of either language (written, spoken or signed). When the form of the source language is either spoken or signed, the transfer process is referred to as interpretation (Brislin, 1976;cited in Cokeley, 1992a,p1) 1 Interpreting Is the oral transmission of meaning from one language to another, which is easily understood by the listener. This includes interpretation of spoken language into British Sign Language, (which is a recognised language in its own right) Interpreting can be provided face to face or by telephone. Interpreting is different from advocacy and should not be used as a form of advocacy. Interpreter An interpreter is someone who is (at least) bilingual but also has the ability and training to be able to work between two languages and facilitate communication between people 2 Translation Is the written transmission of meaning from one language to another, which is easily understood by the reader or the conversion of written information into Braille or the production of visual formats to transfer information using British Sign Language. 3 Purpose of this Policy The Trust is committed to ensuring that all people have equal access to its services irrespective of barriers that may be in place due to language or physical impairments. Interpreting and translation services are therefore essential in achieving this objective. The provision of interpreting and translation services will ensure; effective communication, safe support and care of people who use Trust services and a minimisation of barriers that may be faced by people who's first language is not English or who have a hearing or sight impairment. This policy describes why these services are important, the standards that are relevant in providing theses service and how these services will be maintained and accessed. 4 Duty to provide interpreting and translation All persons providing or facilitating the provision of care and support services (directly or indirectly) have a duty as part of that service provision to ensure that a person in receipt of that service has equal access to services and receives the service in a timely and safe way. It is therefore the duty of the person responsible for the care or support of an individual to identify and address any barriers to communication. It is also the duty of that person to ensure 1 2 Association of Sign Language Interpreters - 4 -

5 that those issues are addressed through the care planning process and communicated to other relevant parties along care pathways. Any person utilising the services of an interpreter has a duty of care to that person whilst they are working with that person. Some roles require a person to ensure that specific information is provided to a person, in this case irrespective of whether such a circumstance is specifically referred to in this policy it is still the duty of the person responsible for that service to ensure that the appropriate information is made available to the person and communicated to them in a manner that they can understand. This includes communication with individuals and groups either locally or to the wider community. 5 Scope of this Policy This policy is trust-wide. This policy defines how the Trusts will make its services and resources accessible through the use of interpreting and translation and how the Trust will procure and work with translation and interpreting services in achieving this. Aspects of this policy will be relevant to the provision of translation and interpreting to the wider community. This policy does not include the use of communication tools such as Makaton. Separate trust guidance on communication tools will be developed. 6 Specific details The purpose of providing interpreting and translation services is to ensure that all people who use or potentially use Trust services have equal access to those services, taking account of barriers that may be created due to language or impairment. Bearing these principles in mind all assessment processes in relation to any service provided by the Trust must take account of potential barriers and consider how these may be addressed. Resources and information will be made available to Trust staff to assist them in assessing these needs. It is the responsibility of all staff to ensure that there is consistency and continuity in the provision of interpreting and translation services. This section is divided for clarity into two areas the first looks specifically at interpreting the second at translation 6.1 Interpreting When to use an interpreting service Any person who is responsible for the delivery of a service must consider the provision of interpreting in the delivery of this service taking account of the needs of the individual or group. The need for interpreting should be considered from referral onwards, as part of all assessment and care planning including the provision of acute care support and treatment Methods of interpreting Face to Face language interpretation This will be the method of choice for people using Trust services in all face to face meetings British Sign Language Interpretation - 5 -

6 This will be the method of choice for ensuring maximising effective communication with people who are Deaf 3. People who have a hearing impairment may prefer other forms of communication to BSL these choices should be considered with the person as part of the assessment process. Telephone Interpreting This will not usually be the first or most appropriate form of interpreting for mental health services however it may be useful in some circumstances Procedures for Accessing Interpreters Procedures for accessing interpreters will be developed and kept up to date to ensure that services are accessible and accountable. Current procedures will be published alongside the interpreting and translation policy Use of Carers, Relatives or Friends to Provide Interpreting Services Carers, Relatives or Friends should not be asked or expected to interpret. The reasons for this are that a person using Trust services may wish to communicate confidential information and has a right for confidentiality to be respected. In addition carers, family or friends may not be able to communicate information on an impartial basis. It may be appropriate in an acute or emergency situation for a carer, friend or family member to communicate basic information (for example day to day activities or directions), however all services users must be provided with information on access to interpreting services at the earliest opportunity. If a Service User refuses to use a professional interpreting service then this decision should be confirmed through a telephone interpreting service or face to face with and interpreter and recorded in the person s notes Children,Young People and Vulnerable Adults Point applies equally to children and young people the child or young person must be offered the use of a professional interpreter. If there are issues related to child protection or vulnerable adults then a professional interpreter must always be used even to communicate basic information. Children (under 16 years) must not be used to interpret at all. The need for a professional interpreter in these circumstances should be conveyed to the Service User via a telephone interpreting service if a professional interpreter is not easily accessible. A child may communicate very basic information in an emergency however telephone and face to face interpreting should be arranged as a matter of urgency. 3 Conventionally the use of the word deaf (with a lowercase d ) refers to any person with a significant hearing loss, whereas Deaf (with a capital D )refers to a person who s preferred language is BSL) ref Association of Sign Language Interpreters - 6 -

7 6.1.6 Use of Trust Staff Staff with language skills may be asked to communicate basic information to a Service User, however as a general rule staff should not be used to provide interpreting services in lieu of professional interpreting provision. There are circumstances where this general rule will not apply: Where a member of staff has been specifically employed as part of their role to communicate in a different language (including BSL) Where a member of staff is employed by an externally approved interpreting agency. (Taking account of contractual obligations laid down by the trust in relation to staff who hold posts in addition to their substantive post with the Trust) Any interpreting undertaken in these circumstances must be arranged and approved by the agency and all parties should be clear that the member of staff must undertake this work outside of their normal working hours and they will be accountable to the agency in respect to this activity Recording The requirement for an interpreter should be clearly recorded on relevant records including insight and this information made clear in any referral process irrespective of whether the particular referral form requires this. The preferred language of the service user should also be recorded Emergencies Where there is a need to communicate information to someone as a matter of urgency telephonic interpreting services may be used Events and Consultation The need for and use of BSL and language interpreting should always be considered at an early stage when planning events aimed at the public, service users or carers to ensure that these events are accessible. Preparation materials i.e. handouts should be made available to interpreters in good time so that they can review these Standards All interpreters or interpreting and translation services must meet agreed minimum standards. Standards are set through a variety of routes. When procuring interpreting services the ability of the interpreter to interpret in mental health settings is also relevant. When providing advice to staff through procedures put in place to access interpreting and translation services Sheffield Health and Social care NHS Foundation Trust (SHSCFT) will ensure that any services that are identified in procedures meet standards. Procedures will be reviewed regularly and updated in light of any changes that may take place from time to time. Services should only be accessed from providers who can demonstrate acceptable standards. If a service is accessed from a source other than one suggested through SHSC procedures then the accountability for using that services and ensuring that they meet recognised standards will lie with the senior manager responsible for the service requiring interpreting

8 Family friends or contacts must not be used to provide interpreting even if this is requested by the service user, a telephone interpreting service can be used to explain to the service user the reasons why this is not appropriate Type of interpreting service used In most cases it will be appropriate to use a service providing face to face interpreting, however telephone interpreting may be used where this is felt to be appropriate to the circumstances and needs of the service user. (see guidance in appendix A) Responsibility for interpreters Any member of staff using the services of a professional interpreter is responsible for supporting the interpreter and for taking reasonable steps to ensure the safety of the interpreter whilst they are undertaking this role. Staff should ideally have undertaken a training course on working with interpreters; however, if they have not as a minimum they should be aware of the guidance and procedures described in Appendix A. If a member of staff is unclear of how they can fully support an interpreter they should read this policy and procedures or seek advice from their line manager or through professional lines of accountability. If an interpreter is involved in an incident this must be reported through the trust incident reporting procedures, the person in charge of the service area at the time must be informed and an agreed plan put in place to support the interpreter including liasing with the interpreting services about follow up support Training The Trust will ensure that it provides access to training on working with interpreters. Any person who regularly uses or potentially uses interpreters must ensure that they arrange to attend a relevant training course on working with interpreters. The need for an individual to access training will also be reviewed through local supervision and thorough personal development plans. The Trust will support the training of interpreters for example through supporting visits to mental health services by interpreters as part of their induction or training. 6.2 Translation When to translate material There are certain circumstances where providing translated information is a specific requirement, (e.g. procedures under the Mental Health Act) in such cases copies of translated materials will be procured and made accessible to all relevant staff in either paper and or electronic format. (see section 6.4 below regarding resourcing) Provision of translated material should be considered in all cases where the provision of care and or support involves providing written information to the person in receipt of such support

9 6.2.2 Providing translated material to an individual or small group When considering providing written translations the person responsible for the care and support of the individual should consider with them carefully their ability to use translated material and consider the most effective way of ensuring that a person has the information and is able to access it and review it. Translated material could include: Written translation Braille or Large Print Spoken translation (i.e. a CD recording) Visual format British Sign Language When using or procuring translations staff should consider how the information will be used and the ability of the person receiving the information to use this in the proposed format. The Trust will ensure that all staff have information available to them about how to obtain the range of translated material described above Mail outs and consultation The audience for the specific mail out or event should be considered carefully by planners. As a general rule the availability of translated materials should be brought to the attention of participants through a standard insert in mail outs. These should be sent in a timely manner so that arrangements can be made to obtain a translated copy of the material if this is requested. Arrangements for all consultations must include consideration of the need to provide information in a range of formats to ensure that it is accessible to all potential participants. Clear information should be sent out with consultations on how to access a version in an alternative format, this should include information provided on Trust web sites and other types of publicity materials (e.g. posters) Surveys and Reviews When planning and undertaking surveys internally or as required by external bodies the need to ensure that the survey is accessible to all potential participants must always be considered. Surveys which are being sent to individuals must include details of how to obtain a translated version of the survey and/or how to access support to complete the survey. Consideration should also be given to signed surveys (i.e. providing the survey in a visual format of BSL) Standards Where translated materials are being used to communicate information to people relevant to their care or support it is essential that this information is produced by service providers who meet agreed standards. When providing advice to staff through procedures put in place to access interpreting and translation services Sheffield Health and Social care NHS Foundation Trust (SHSCFT) will ensure that any services that are identified in procedures meet current standards. Procedures - 9 -

10 will be reviewed regularly and updated in light of any changes that may take place from time to time. A senior manager in the service must take all decisions on procurement of translation; this will usually be the person with overall or delegated authority for the relevant budget. When considering procurement of translated material in most cases one of the providers described in Appendix A should be used the reason for this is that these providers meet standards which have been set through the NHS Purchase and Supply Agency. In some circumstances it may be considered more appropriate and cost effective to use an alternative translation service or method. Unless the person responsible for obtaining the translation can be 100% sure of the accuracy of the translation alternatives should not be used. The reason for this is that mistakes in translation can be made even in what might appear to be very simple items (such as signs for example). People undertaking translation need to be competent to understand the context of what they are translating as well as the contents. A final decision on how to access translation will be made by the senior manager with responsibility for the service area requiring translation Trust Staff Staff must not be asked to translate material unless this is a specific aspect of their job role Identifying and Monitoring Resources There is no central resource for interpreting or translation costs, each directorate is responsible for identifying resource implications of providing translation and interpreting. In order to maintain an overview of overall coats to the organisation specific codes should be used as described in the appendices

11 7. Dissemination, storage and archiving This policy will be disseminated through an alert to all SHSC staff from the Chief Nurse who has Executive Director Responsibility for Service User and Carer Experience. The Head of Patient Experience Social Inclusion and Diversity will arrange for visits to be made to staff teams to discuss the policy and procedures The policy will be stored on the trust website and will be accessible on the intranet. The Chief Nurse will ensure it is published within 7 days of ratification by the Executive Directors Group. This the first version of this policy therefore there are no implications for storage of previous versions 8. Training and other resource implications for this policy This policy states that staff working with interpreters should receive training training is currently available for staff. Staff will receive a briefing at team meeting bringing the procedures attached to this policy to their attention. 9. Audit, monitoring and review This policy will be reviewed in 2 years time from the date of its ratification. Review will take place through a questionnaire to staff and service providers one year after ratification. Feedback on the working of the policy will be taken by the PEID team and actioned as necessary 10. Implementation plan The head of Patient Experience inclusion and Diversity will arrange for: all relevant services to be visited and briefed about the policy, through team meetings The policy to be referred to in interpreting training A discussion to be initiated through OMG regarding the policy and the implications in terms of resource allocation and appropriate coding of invoices for future monitoring The implementation action plan Action / Task Responsible Person Deadline Progress update Head of PEID 31/9/09 Attend services Incorporate in interpreting Head of PEID training Discuss resources at OMG Head of PEID 31/10/

12 11. Links to Other Policies No Links to other policies 12. Contact details Title Name Phone Acting Head Patient Experience Social Inclusion and Diversity Liz Johnson References See main policy for references section 1 Introduction

13 Appendix A Interpreting and Translation Procedures (separate Document)

14 Supplementary Section A - Stage One Equality Impact Assessment Form Please refer back to section 6.5 for additional information 1. Have you identified any areas where implementation of this policy would impact upon any of the categories below? If so, please give details of the evidence you have for this? Grounds / Area of impact People / Issues to consider Negative (it could disadvantage) Type of impact Positive (it could advantage Description of impact and reason / evidence Race People from various racial groups (e.g. contained within the census) YES Policy is intended to provide guidance and information on the use of language interpreting and translation in the organisation Gender Male, Female or transsexual/transgender. Also consider caring, parenting responsibilities, flexible working and equal pay concerns Disability The Disability Discrimination Act 1995 defines disability as a physical or mental impairment which has a substantial and longterm effect on a persons ability to carry out normal day-to-day activities. This includes sensory impairment. Disabilities may be visible or non visible NO YES Policy is intended to provide guidance and information on the use of BSL interpreting in the organisation Sexual Orientation Lesbians, gay men, people who are bisexual NO Age Children, young, old and middle aged people YES Policy makes it clear that children should not be used as interpreters Religion or belief People who have religious belief, are atheist or agnostic or have a philosophical belief that affects their view of the world. Consider faith categories individually and collectively when considering possible positive and negative impacts. 2. If you have identified that there may be a negative impact for any of the groups above please complete questions 2a-2e below. NO 2a. The negative impact identified is intended OR 2b. The negative impact identified not intended 2c. The negative impact identified is legal OR 2d. The negative impact identified is illegal OR (see 2e) (i.e. does it breach antidiscrimination legislation either directly or indirectly?) 2e. I don t know whether the negative impact identified is legal or not (If unsure you must take legal advice to ascertain the legality of the policy)

15 3. What is the level of impact? HIGH - Complete a FULL Impact Assessment (see end of this form for details of how to do this) MEDIUM - Complete a FULL Impact Assessment (see end of this form for details of how to do this) LOW - Consider questions 4-6 below 4. Can any low level negative impacts be removed (if so, give details of which ones and how) 5. If you have not identified any negative impacts, can any of the positive impacts be improved? (if so, give details of which ones and how) 6. If there is no evidence that the policy promotes equality and equal opportunity or improves relations with any of the above groups, could the policy be developed or changed so that it does? SEE POLICY MONITORING PLANS IN MAIN DOCUMENT 7. Having considered the assessment, is any specific action required - Please outline this using the pro forma action plan below (The lead for the policy is responsible for putting mechanisms in place to ensure that the proposed action is undertaken) Issue Action proposed Lead Deadline 8. Lead person Declaration:

16 8a. Stage One assessment completed by : Liz Johnson (name). (signature) 25 th March 2009(date) 8b. Stage One assessment form received by Patient experience and Equality Team..(date) 8c. Stage One assessment outcome agreed. (sign here).... (Head of Patient Experience and Equality) OR (date agreed) 8d. Stage One assessment outcome need review.. (sign here).... (Head of Patient Experience and Equality).. (date returned to policy lead for amendment) (if review required please give details in text box below) If a full EQIA is required the stage 1 assessment form should be retained and a completed EQIA report submitted to the relevant governance group for agreement by the chair. The chair will forward the completed reports to the Patient Experience and Equality team for publication. Any questions relating to the completion of this form should be directed to the Head of Patient Experience and Equality

17 Supplementary Section B - Human Rights Act Assessment Form and Flowchart You need to be confident that no aspect of this policy breaches a persons Human Rights. You can assume that if a policy is directly based on a law or national policy it will not therefore breach Human Rights. If the policy or any procedures in the policy, are based on a local decision which impact on individuals, then you will need to make sure their human rights are not breached. To do this, you will need to refer to the more detailed guidance that is available on the SHSC web site (relevant sections numbers are referenced in grey boxes on diagram) and work through the flow chart on the next page. 1. Is your policy based on and in line with the current law (including caselaw) or policy? x Yes. No further action needed. No. Work through the flow diagram over the page and then answer questions 2 and 3 below. 2. On completion of flow diagram is further action needed? No, no further action needed. Yes, go to question 3 3. Complete the table below to provide details of the actions required Action required By what date Responsible Person Interpreting and Translation Policy Version

18 Supplementary Section C - Development and consultation process 1 Development and consultation process This policy was developed through a Project Group with members from the following organisations and SHSC departments: Sheffield Community Interpreting Service Sheffield City Council representative SIGN Communication SHSC Community Teams Representative Interpreters (Language) Interpreters (BSL) Procurement The policy and procedures were developed taking account of guidance issued by organisations regulating BSL interpreting and also made reference to the publications listed in the policy above. The scope of the policy has been deliberately limited to interpreting and translation rather than addressing wider communication processes. The group agreed to convene again to develop guidance on communication methods and their use. Notes from the project group are available on request from Liz Johnson (Contact Details above) The policy was circulated to managers of clinical teams and generally for comment. Two sets of specific comments on the final draft were received and amendments were made, these related to: Making it clearer that the policy related to interpreting i.e. there was concern that this policy may stop staff from communicating with service users in their own language which may in appropriate circumstances be encouraged. The policy has been amended to reflect this. The policy having more emphasis on the safety of interpreters this follows incidents where interpreters have been asked to wait outside someone s home for a member of staff in areas of the city that they were not familiar with and also on one occasion an interpreter being asked to meet the member of staff in the persons home. One final comment related to lack of availability of central resources for translation. This policy was agreed through the Quality and Risk Group. Interpreting and Translation Policy Version