Working with Interpreters, Registered Intermediaries and Practitioners with Special Communication Skills

Safeguarding children and young people is built on a foundation of effective communication. All practitioners need to ensure they are able to fully communicate with children, young people, and their parents/carers when working with them. A child or young person’s ability to communicate should be actively enhanced so that they have equity when it comes to communicating their experiences and their needs.

A number of National Case Reviews and Local Serious Case Reviews emphasise the importance of breaking down barriers in communication to safeguard the welfare of children (see NSPCC – People whose first language is not English: Learning from Case Reviews, SPB Jersey Serious Case Reviews).   

Barriers to communication can prevent professionals from effectively building trusting relationships and rapport with children and young people, which in turn affects their ability to assess, support and protect their welfare, where effective communication with the support from Interpreters, Registered Intermediaries and Practitioners with Specialist Communications Skills is crucial to improving communication and outcomes for children.

In Jersey, effective safeguarding of children and young people relies on timely and appropriate information sharing. All practitioners have a legal and professional duty to share information where necessary to promote the welfare and protect the safety of children (see SPB Jersey Safeguarding Introduction).

Practitioners must be familiar with and act in accordance with the CYP Law 2022, commensurate with the Statutory Guidance on Information Sharing, which supports multi-agency working and a child-centred approach to decision-making (see also Data Protection (Jersey) Law 2018).

Qualified Interpreters, Registered Intermediaries and Practitioners with Specialist Communication Skills may be from the following groups:

• Qualified Interpreters – Provide oral or written translation between speakers of different languages, and whenever possible, should be used to interpret in their own first language;
• Registered Intermediaries – Are impartial communication specialists who enable vulnerable witnesses and complainants to give evidence to the police and to the court in criminal trials. They come from a variety of backgrounds, such as Speech and Language Therapists, Teaching, Social Work, and Health. They will have completed specialist training and assessment, and this service allows police officers and crown prosecutors to access high-quality professional support when needed. They should be considered in every case involving a child witness or child defendant (The Advocates Gateway);
• Practitioners with Specialist Communication Skills may come from a variety of backgrounds: 
  • Speech and language therapist;
  • Teachers of the hearing impaired;
  • Specialist teacher for children with learning difficulties or a suitable professional who is skilled in using facilitated communication methods (e.g. Makaton);
  • Professional translators (including people conversant with British Sign Language (BSL) for deaf individuals);
  • Child and adolescent mental health practitioners;
  • Children’s Social workers specialising in working with disabled children.

It is possible to require an Interpreter, a Registered Intermediary and/or a Practitioner with Special Communication Skills when working with children and families who have complex needs and English is not their first language.

Interpreters, Registered Intermediaries and Practitioners with Special Communication Skills must be subject to references, Disclosure and Barring Services (DBS) checks, and have already signed a confidentiality agreement.

Wherever practicable, the same Interpreters, Registered Intermediaries and Practitioners with Specialist Communication Skills should be used throughout the course of any involvement with a child or family to ensure continuity and to encourage an effective working relationship.

At times, the use of electronic communication may be appropriate.

The Interpreter, Registered Intermediary and/or Specialist with Communication Skills is not:

• An advisor;
• A consultant;
• A messenger;
• An Advocate;
• A Friend;
• The Lead Professional.

Family members may choose to bring along their own interpreter/communication facilitator as a supporter. This person will be in addition to the agency's own interpreter/communication facilitator.

Parents/carers, family members and friends can be used to help arrange appointments and to establish specific communication needs, but must not be used as interpreters within assessment, undertaking enquiries or interviews. Children must never be used as interpreters.

The use of accredited Interpreters, Registered Intermediaries and Practitioners with Specialist Communication Skills must be considered whenever working with, making assessments or undertaking enquiries involving children and young people:

• For whom English is not the first language (note - even if reasonably fluent in English, the option of an interpreter must be made available when dealing with sensitive issues such as abuse, neglect and exploitation);
• With a hearing or visual impairment;
• Whose disability impairs speech;
• With Autistic Spectrum Disorder, Attention Deficit Hyperactivity Disorder, with attention/listening and processing disorders;
• With learning difficulties;
• With a specific language or communication disorder;
• With severe emotional and behavioural difficulties;
• Where they have been traumatised and present with trauma-informed behaviours;
• Whose primary form of communication is not speech.

Practitioners should recognise the important role that parents/carers can play in communication with children, where parents should be viewed as partners in care (unless to do so prejudices the welfare of the child) (see SPB Jersey Respecting and Capturing The Voice of the Child).

Practitioners must have regard to the views of children and young people on all matters affecting them, with due allowance being made for age, capacity and maturity. To meet this duty, practitioners should ensure that children and young people are able to participate in and share their views on all matters affecting them (Children and Young People (Jersey) Law 2022 and Commensurate Guidance).

It is essential that children who are at risk of abuse, neglect, and exploitation have a voice, feel confident they are listened to, and receive a response that leads them to feel valued (see SPB Jersey Recognising Abuse, Neglect and Exploitation and Respecting and Capturing the Voice of the Child).

This is critical to making sure that children and young people trust and have confidence in the practitioners who work with them.

It is important to prepare children, understand their specific needs at the beginning of any assessment, intervention and/or enquiries.

Building trust and rapport with a child or young person will take time, so that they can talk about the issues practitioners want to discuss with them, particularly if they have been told not to talk about those issues.

Children and/or young people can feel anxious, distressed and can become overtired. Agencies need to factor this in so that where practitioners need extra time, this is factored in, to enable effective communication, for example, with regular breaks for children, young people and their parents/carers.

Practitioners need to first meet with the Interpreter, Registered Intermediary and Practitioner with Specialist Communication Skills to explain the nature of the Assessment, investigation/Enquiry, the aim and plan of the assessment/enquiry/interview and clarify:

• Their role in translating/communicating between practitioners, the child, young person and parents/carers.
• Explain the need to avoid acting as a representative for the family.
• Explain and be clear when they are required to translate/communicate everything that is said and when they may summarise.
• Prepare them for what they are about to translate/communicate and explain where they will be asked to use the exact words – especially critical in cases where sexual abuse is the risk.
• The need for consideration of the fact that some words and terminology used in English are not readily translated into other languages
• How the interpreter will be enabled to explain any cultural issues that might be overlooked (usually at the end of the interview, unless any become known, which may impede the process).
• Their availability to interpret/facilitate at other interviews and meetings and provide written translations of reports (taped versions if literacy is an issue).
• Where possible, the same person should be requested to support at other consultations, interviews and meetings and provide written material/ translations of reports (taped versions if literacy is an issue).
• Cultural beliefs and views on issues such as domestic abuse, substance use, mental health, and any other safeguarding children aspects may need to be discussed and explored before the interpreter undertakes the work with the child, their parents/carers.
• Consideration may also need to be given to issues around religious/cultural beliefs and gender.

• In cases of Female Genital Mutilation (FGM), Forced Marriage or Honour Based Violence, the interpreter must not have a connection with the family (SPB Jersey FGM, Forced Marriage and Honour Based Violence).

There should be consideration about the most appropriate means by which to hold meetings. Whilst it is preferable for meetings to take place face to face, it is recognised that sometimes virtual or telephone meetings may be more expedient.

Interpreters, Registered Intermediaries and Practitioners with Specialist Communication Skills should be prepared for potentially difficult/distressing content.

Where written materials should always be translated in word or form to meet the needs of the child, young person and their parent(s)/carer(s).

Invitations to child protection conferences, reports and conference minutes must be translated into a language/medium that is understood by the child, young person and their parent(s)/carer(s) where appropriate.

When working with a child who has been referred to services for Assessment of their wellbeing, health and development and/or welfare practitioners must establish the communication needs of the child and their parents/carers as soon as practicably possible (see SPB Jersey Assessment).

 Assessments may take longer when working with Interpreters, Registered Intermediaries and Practitioners with Specialist Communication Skills. With forward thinking, practitioners should be able to make arrangements so that children, young people and their parents/carers (where to do so does not prejudice the welfare of the child) are seen within recommended timescales for investigation and assessment. For example, in Child Protection Procedures, the need for an Interpreter or Practitioners with Specialist Communication Skills should be decided in the Initial Strategy Meeting / Discussion so that services can be booked. They can be in attendance with practitioners when they meet with the child and their family, (see SPB Jersey Core Procedures Child Protection Referral, Child Protection Enquiry, Article 42 Enquiries and Assessment).

Every effort should be made to enable children and young people to tell their story directly to those undertaking enquiries. Interviews tailored to the individual needs of the child and a written explanation included in the plan about any departure from usual standards where problems with access to an interpreter and/or communication facilitator have been the cause, or parents/carers have declined their services.

When carrying out an Assessment, it may be necessary to seek further advice from relevant specialists, for example, Speech and Language Therapists, Teachers for hearing impaired children, practitioners who work at the Child Development Centre, Paediatricians, or the Child’s Teacher, etc. Consideration should also be given to using Practitioners with Specialist Communication Skills who have existing relationships with the child or young person.

(Also See SP Jersey Article 42 Enquiries)

Achieving Best Evidence (ABE) in Criminal proceedings provides guidance and advice on interviewing victims and witnesses (including those with learning disabilities and special communication needs) and on the use of qualified Interpreters and Registered Intermediaries. Where they state the importance of assessing the witness’s communication needs and planning for an interview cannot be overstated. The purpose of a Registered Intermediaries assessment is to understand the witness’s communication needs. The purpose of the interview is to ascertain the witness’s account of the alleged events and any other information that would assist the investigation. Time spent assessing and planning any anticipated issues and meeting the communication needs of witnesses early in the criminal investigation will be rewarded with an improved interview (Achieving Best Evidence in criminal proceedings 2023).

Interviews with witnesses with communication needs may require the use of both an Interpreter and a Registered Intermediary and are generally much slower. This can be a tiring process, which should include a break between the Registered Intermediaries Assessment and the Interview. The interview may be long and tiring for the witness and might need to be broken into two or three parts, preferably (but not necessarily) held on the same day.

A witness should be interviewed in the language of their choice, and vulnerable or intimidated witnesses, including children, may wish to have a supporter present when being interviewed. A supporter’s role is limited to providing emotional support, and they must not prompt or speak for the witness, especially on any matters relevant to the investigation.

It may be necessary to seek further advice from professionals who know the child well or are familiar with the type of impairment they have, e.g., a paediatrician at the child development centre, the child’s school, and/or the social worker from the disabled children’s team.

Interviewers should be aware that some children will be perfectly fluent in English but will use their family language for intimate parts of the body.

When the child is interviewed, it may be helpful for an appropriate professional to assist the interviewer and child. Careful planning is required for the role of this adviser and the potential use of specialised communication equipment.

If a child communicates by means other than speech, professionals should seek specialist expertise to enable the child to express themselves properly and to ensure that the interview with the child meets criminal proceedings standards.

Dialect

Where possible, it is important to establish the child's parents/carers' dialect, pertaining to their country of origin, as it might have significant outcomes for translation.

It should also be noted that cultural issues between the interpreter and the victim/witness might have a bearing on the translation or disclosure.

Time 

Practitioners working with children and parents/carers should be patient; identifying need across a language barrier takes time. However, the time spent up-front will be paid back by a good rapport and clear communication that will avoid wasted time and dangerous misunderstandings.

Practitioners must remember to speak in short sentences and take regular pauses when speaking, to ensure information is translated correctly, allowing time for the child or young person to respond in their preferred method of communication. This promotes an atmosphere of calmness, which is more likely to elicit an open response.

Before Conversations

• Schedule enough time – as communicating through an Interpreter, Registered Intermediary or Practitioner with Specialist Communication Skills takes time;
• Meet in a quiet and interruption free environment – meetings must be carried out with confidentiality;
• Identify Jargon and/or Legal Terms – Ask the Interpreter, Registered Intermediary or Practitioner with Specialist Communication Skills to translate/communicate these using the accurate /English terminology, then explain the meaning to them so they can explain this to the child, young person and their parent(s)/carer(s);
• Set Boundaries – and be clear where they need to kindly translate everything said, rather than simplified summaries;
• Encourage Interpreters to explain the relevant cultural context when translating;
• Ensure Written Reports/Letters are translated and circulated to the child/young person/parents/carers ahead of meetings;
• Consider the possible emotional and mental impact of conversations on the child, family and the translator and factor in the time to be able to offer support to.

During Conversations

• Explain why personal or sensitive questions may be asked;
• Speak directly to the child or family member and speak in the first person;
• Slow down and speak in concise sentences;
• Ask one question at a time and allow the Interpreter, Registered Intermediary or Practitioner with Specialist Communication Skills to translate/communicate each point;
• Allow for thinking time;
• Take turns - If there are multiple people involved, ensure that all contributions are translated/communicated to ensure all contributions are heard;
• Be aware that sometimes meaning gets lost in translation and that cultural differences may affect an answer;
• Ask the child, young person or family member to summarise what they have understood from conversations to clarify understanding.

After Conversations

• Assess the emotional well-being of the child and their parents/carers;
• Take time to close the meeting, asking for any further questions and leaving contact details;
• Check in with the practitioner who has been in the role of Interpreter, Registered Intermediary and/or Practitioner with Specialist Communication Skills, seeking awareness of any emotional impact that communicating sensitive information may have had on them and encourage them to seek supervision where required through their single agency.

Children's Speech and Language Services

Citizens Advice Jersey

Disability and Special Needs

EYECAN Jersey website

Registered Intermediaries - Advocate's Gateway (theadvocatesgateway.org)

Send Referrals for Registered Intermediaries for Criminal Court, Complaint or Witness to  intermedaries@jersey.police.je

Home - The Intermediary Cooperative

Jersey General Hospital Interpreter Services

Jersey Deaf Society

Public Health England – Language Interpreting and translation: Migrant Health Guide

Royal National Institute of Blind People (RNIB) Website

Visual Impairment Team