NHS statistics fail to disclose the number of complaints made by Deaf patients about failures with British Sign Language (BSL) interpreter services provided by health boards and trusts in Wales. The Cardiff Deaf Support Group has assisted a number of Deaf patients to lodge complaints with the ‘Concerns’ departments of health boards.
These complaints generally related to requests for BSL interpreters being unfulfilled or ignored, leading to NHS appointments being cancelled or postponed, with adverse effects on Deaf patients’ physical and mental health. In one case, the Group assisted a Deaf patient in successfully suing a health board for failing to provide interpretation for a terminally ill Deaf patient in hospital.
Interpretation service failures
BSL interpreter services were unlawfully taken over by Gwent Police in 2010 and incorporated into its Wales Interpretation and Translation Service (WITS). This shameful act was undertaken with Welsh Government approval. There was no consultation with the Deaf community, and no impact assessment was carried out to determine the effects that the Gwent Police seizure of BSL services would have.
After much lobbying, in 2024 Jane Hutt MS, Minister for Social Justice, wrote to Rhys ab Owen MS. She said: “I would like to extend my apologies if consultation with the D/deaf community was not undertaken in 2010 prior to the setup of WITS.” After further lobbying, Gwent Police Assistant Chief Constable Mark Hobrough wrote to Andrew RT Davies MS and Julie Morgan MS. He stated that: “We would nevertheless wish to express regret if Gwent Police’s role within the WITS partnership had any adverse impact on our D/deaf communities at that time.”
Given the failure by the Welsh Government to ensure an impact assessment was undertaken by Gwent Police, the Deaf community has little sympathy for First Minister Eluned Morgan’s complaint that the UK Government hasn’t done one on the effects of proposed welfare benefit cuts in Wales. A real sense of karma here.
Complaints recorded about BSL services
Following a recent case, the Group made a Freedom of Information request to the Cardiff and Vale University Health Board (UHB). It asked how many ‘concerns’ have been raised by Deaf patients to the Board about BSL interpreter services.
As the Putting Things Right (PTR) Regulations have been around since 2011, it’s reasonable to expect that some record of ‘concerns’ about BSL failures are kept. Yet, astonishingly, the answer was that no such central records have been held.
“The UHB has therefore relied upon the section 12 exemption of the Freedom of Information Act 2000 (‘Exemption where cost of compliance exceeds appropriate limit’) and is refusing your request.”
The Welsh Government is well aware of the volumes of complaints about failures with NHS sign language interpreting services. Despite this, no attempt has been made to collect such complaints in health board/trust records, let alone analyse them. It’s a remarkable failure to safeguard the wellbeing of Deaf constituents. But then, it’s in the interests of boards and trusts not to keep such records, if they don’t wish to make changes that might inconvenience bureaucratic sensibilities.
For that reason, the Group wrote to South Wales Central Senedd members. We asked them to request that the Wales Health Secretary, Jeremy Miles MS, take action. He should ensure PTR guidelines are amended, so health boards are obliged to record ‘concerns’ about BSL interpreter services raised by Deaf NHS patients.
Welsh Government response
Miles replied to those MSs to state the regulations are being reviewed. He said: “Part of the review into the Putting Things Right process includes a comprehensive examination of how protected characteristics are recorded within the healthcare system. This will include the consideration about how health boards and NHS trusts record concerns and issues raised using the BSL interpreter services.”
He added: “I understand the importance of addressing concerns regarding BSL interpreter services … the new accessibility standards are due to be launched shortly.”
While this is to be welcomed, it’s surprising and concerning that no effort has been made previously to address the lack of information about BSL interpretation failings, despite those failures having been widely reported. The outcome of the review is greatly anticipated.
However, on the basis of the repeated failures of Welsh bureaucracies to safeguard the wellbeing and interests of the Deaf community, it’s essential that a Wales-inspired British Sign Language Act is passed. The proposed Act already exists, is being sponsored by Mark Isherwood MS, and will hopefully be approved before the Senedd elections in 2026. No more dangerous and appalling failures must be countenanced.
