Spotlight : RNID – Representing the needs of Tribunal Users
RNID is the largest charity representing the 9 million deaf and hard of hearing people in the UK. Simon Robinson from RNID talks about the issues faced by deaf and hard of hearing users of tribunals and the services RNID provides to them.
RNID is the largest single disability group. As part of its aim to radically improve the quality of life for all deaf and hard of hearing people, RNID provides a specialist Legal Casework Service. The Service provides legal advice and representation to deaf and hard of hearing people in relation to two specific areas: the Disability Discrimination Act (DDA) 1995 and Welfare Rights.
The Legal Casework Service deals directly with clients with hearing loss, ranging from a mild loss, through to profoundly deaf people using British Sign Language (BSL) and people with a dual sensory impairment. The Service is staffed by both qualified lawyers and experienced welfare rights advisers. As the Service includes people with disabilities, we are able to provide a dual perspective on these issues.
The Service provides advice and representation in relation to appeals from initial decisions, such as to the Appeals Service and thereafter to the Social Security Commissioners. The Service also provides specialist second tier advice to existing third party advisers. It regularly represents individuals at the Appeals Service and also provides assistance in relation to a range of DDA enquiries. This includes providing advice and representation before the Employment Tribunals and the Courts. Through the work of our Legal Casework Service we are only too well aware of the difficulties that disabled people can experience when using the tribunal system.
The user experience
The difficulties faced by users can vary depending upon the type and level of hearing loss. This in itself is an issue, which tribunals do not necessarily understand. Put simply, deaf people do not form a single homogenous group. The needs and issues of John, who has a severe loss of hearing due to an industrial accident and wears hearing aids, will be different from Ruth who has been profoundly deaf since birth and uses BSL as her first language.
John may need to use a lipspeaker or a palantypist to follow what is being said in the tribunal and will almost certainly need an induction loop. Ruth will need the assistance of a BSL/English interpreter and as BSL is a separate language from English, may well have difficulties understanding letters or other documents sent by the tribunal.
Improving the service for users
Tribunals need to provide adjustments tailored to the individual's needs in order to comply with the anticipatory duty to make reasonable adjustments set out in the DDA 1995.
The Council on Tribunals and the Disability Rights Commission published a useful guide to assist tribunals on these points. RNID urges tribunals to use this and other guidance in order to ensure that they comply with their duties.
We believe that a change of attitude is needed across the justice system – including tribunals. We believe that the administrative justice process must be accessible and inclusive for all users. RNID has welcomed the publication of the White Paper, and has made a detailed response to it.
Whilst we agree that change to the system is necessary, including a redevelopment of the ways in which individuals deal with disputes and legal issues, this does not amount to a blanket endorsement of the White Paper's proposals. In our experience, there has been a lack of understanding of the issues affecting disabled users of tribunals. One of RNID's key recommendations is that all tribunal members and front-line staff should receive comprehensive training in disability equality.
Whilst RNID agrees with the move to bring the user to the centre of the issues, we point out that this requires the system to be accessible and usable by all users. RNID has supported the useful steps that have been taken to this end. We strongly encourage tribunals to continue to make provision for people with disabilities, and we are happy to continue to work with them in relation to these issues.
The RNID Legal Casework Service can be contacted via the RNID website (www.rnid.org.uk); email: caseworkteam¶@¶rnid.org.uk or tel: 020 7296 8000 (main switchboard) 020 7296 8001 (textphone).
Simon Robinson is the Senior Legal Officer with the RNID Casework Service.
(October 2005)