Interpreters and Family Law

In family law, interpreters can play a crucial role in ensuring fair access to justice for individuals. When a person involved in family proceedings (such as a divorce, child arrangements, domestic abuse or Public Law case) cannot communicate effectively in English, the court may provide an interpreter to assist the individual in understanding the proceedings and ensure they are understood.

Key Points About Interpreters in UK Family Law:

When Are Interpreters Used?

1. • Non-English Speakers: If a party involved in a family law case does not speak English or has limited proficiency in the language, an interpreter will be required to ensure that they can fully participate in the proceedings. Occasionally a Relay Interpreter may be required, who will facilitate communication between parties when multiple languages are being spoken.
   • Deaf or Hard of Hearing Individuals: In family law cases, such as divorce, child custody, or Public Law proceedings, it is crucial that deaf or hard of hearing individuals have access to sign language interpreters to ensure they can fully understand the process and communicate effectively. This is particularly important when the individual is involved in hearings or negotiations.

Interpreter Qualifications:

1. • Interpreters in family law cases must be qualified and experienced. They are typically required to be registered with professional bodies such as the National Register of Public Service Interpreters (NRPSI).
   • The courts may require the interpreter to take an oath to ensure impartiality, confidentiality, and accuracy in their translations.

Costs of an Interpreter:

1. • Court-funded: If a person involved in a family law case cannot afford the cost of an interpreter, the court may provide one free of charge. The Legal Aid Agency may also cover the cost if the person is eligible for legal aid.
   • Private Party-funded: In some cases, if a party can afford it, they may be asked to arrange and pay for the interpreter themselves, especially in private family law cases (such as divorce or financial settlements).

Interpreter’s Role:

1. • Accurate Translation: Interpreters are required to translate everything accurately, without adding, omitting, or altering information. They are responsible for making sure that all communication is understood clearly by all parties involved.
   • Neutrality: Interpreters must remain neutral and impartial. They are not advocates, and their role is strictly to facilitate communication. They must not offer any opinions or advice regarding the case.
   • Court Support: Courts in the UK are required to provide appropriate accommodations under the Equality Act 2010. This may include offering sign language interpreters or other forms of communication support to ensure that individuals with hearing impairments can participate in family law proceedings.

Challenges in Family Law Cases:

1. • Confidentiality: In sensitive family matters, ensuring confidentiality and trust in the interpreter is essential. This can be particularly challenging when it comes to translating sensitive information related to domestic violence or child protection.
   • Cultural Sensitivity: Interpreters must also be culturally sensitive, as family law matters can involve deeply personal and cultural issues. Misunderstandings could arise if cultural nuances are not accurately conveyed.
   • Language Considerations: In cases where deaf individuals are involved, it’s important to ensure that the legal language and procedures are clear and accessible. This can sometimes require adjustments in how information is presented, either through written communication, sign language interpretation, or other accessible formats.

Legal Framework and Rights:

1. • Under the Equality Act 2010, individuals who do not speak English proficiently or have a hearing impairment have the right to access services in a way that ensures they understand and are understood in legal proceedings.
   • European Convention on Human Rights (ECHR), particularly Article 6, ensures that a person has the right to a fair trial. This includes the right to understanding and participating in proceedings, which may require an interpreter.

Conclusion:

Interpreters play a valuable role during court proceedings and assist in a range of activities, including, translation of documents, attending solicitor meetings and court hearings. An interpreter can provide the individual with a voice that can be heard and understood by all.

At Hopkins Solicitors, we understand that court proceedings can be a stressful and emotional time. We have access to a number of great interpreters and are eager to continue supporting non-English speaking, deaf or hard-of-hearing individuals to ensure you receive the service you’re entitled to. For more information on how our expert family team can help, you can contact them on 01623 665050