If a patient is unable to read English, who is responsible for obtaining a translation of the RC’s report into a language that the patient understands? Is it the Trust or the tribunal service?
I was asked this question recently and do not know the answer. I have to admit that in the past I’ve just read through reports via interpreters rather than obtaining translations.
In my opinion is the Trust. The RC prepares a report who is going to be shared with the patient via solicitors (usually). The RC has the duty to make available a report that everybody understands; therefore, if the patient needs a translation in order to understand it, it should be the RC responsibility to put proper measures for this report to be translated.
I agree with Antonino, the Trust have a responsibility to provide the patient with a report that they can read and retain. That responsibility does not fall to the Tribunal Service. The TS are responsible for providing the interpreter for the hearing.
Whilst I agree that it should be the duty of the RA, has anyone managed to get them to agree to provide translated reports?
I currently have a French client with an upcoming MHT. Is it something that can be claimed back from LAA as a disbursement if I get them translated?
Happy to be proved wrong but I don’t agree. The responsible authority is required to supply reports to the Tribunal in the form set out in the practice direction, which makes no mention of producing them in a manner that the patient will understand. On a practical level, surely it would be in the interests of the patient that any translation was commissioned and carried out, by anyone other than the responsible authority?