Capita: lost in translation?

A top judge has slated the performance of Capita, the providers of the court interpreting service, after a hearing had to be adjourned when interpreters failed to turn up.

Sir James Munby, president of the Family Division, criticised Capita for not supplying two Slovak-speaking interpreters, as requested, for not giving notice of their non-appearance until 2pm the day before the hearing, and for having too few suitably qualified interpreters.

The case, In the matter of J and S (Children) [2014] EWFC 4, involved the adoption of two Roma children by a same-sex couple, which the parents opposed.

Sir James said: “It would have been unjust, indeed inhumane, to continue with the final hearing of applications as significant as those before me—this, after all, was their final opportunity to prevent the adoption of their children—if the parents were unable to understand what was being said. 

“Anyone tempted to suggest that an adjournment was not necessary might care to consider what our reaction would be if an English parent before a foreign court in similar circumstances was not provided with an interpreter.”

Sir James expressed particular concern at the “revelation that on 7 May 2014 Capita had only 29 suitably qualified Slovak language interpreters on its books (only 13 within a 100 miles radius of the Royal Courts of Justice) whereas it was requested to provide 39 such interpreters for court hearings that day. This is on any view a concerning state of affairs. If the consequence is that a hearing such as that before me on 7 May 2014 has to be abandoned then that is an unacceptable state of affairs. It might be thought that something needs to be done.”

Dismissing the parents’ application to oppose the adoption, Sir James said: “The parents’ views, whether religious, cultural, secular or social, are entitled to respect but cannot be determinative.”

A Capita spokesperson said they did not comment on individual hearings, but had a process in place to advise courts directly if they are unable to meet requirements. She added that, on the date in question, Capita “successfully fulfilled 39 court requests for Slovak translators”.