All agencies need to ensure they are able to communicate fully with parents, children and young people when they have concerns about child abuse and neglect and ensure that family members and professionals fully understand the exchanges that take place.
Consideration should be given to the use of intermediaries during interviews, assessments and/or advocacy, when appropriate.
In taking a referral professionals must establish the communication needs of the child/young person, parents and other significant family members. Relevant specialists may need to be consulted e.g. a language therapist, teacher of hearing impaired children/young people, paediatrician etc.
The use of accredited interpreters, signers or others with special communication skills must be considered whenever undertaking enquiries involving children/young people and/or family:
Family, friends or involved professionals should not be used as interpreters within the conversations although can be used to arrange appointments and establish communication needs. Children/young people should never be used as interpreters.
For children, young people and/or parents requiring interpreters, it is vital to establish their dialect, pertaining to their country of origin, as it might have significant outcomes for the translation. It should also be noted that cultural issues between the interpreter and victim / witness might have a bearing on the translation or disclosure. When planning using an interpreter consideration should always be given to gender and religious and cultural beliefs respected.
The particular needs of a child/young person who is thought to have communication difficulties should be considered at an early point in the planning of the enquiry (Strategy Discussion stage).
Professionals should be aware that communication is possible when a child/young person communicates by means other than speech and should not assume that a conversation is not possible even if it would not meet the legal standards required to be admissible as evidence.
All conversations should be tailored to the individual needs of the child/young person and a written explanation included in the plan about any departure from usual standards.
Every effort should be made to enable such a child/young person to tell her/his story directly to those undertaking enquiries.
Workers having discussions with children/young people should be patient; identifying need across a language barrier takes time. However, the time spent up-front will be paid back by good rapport and clear communication that will avoid wasted time and dangerous misunderstandings.
Building trust with a child/ young person will also take time in order for them to open up and talk about the issue you want to discuss with them, particularly if they have been told not to talk about those issues.
Workers must remember to speak more slowly when using an interpreter to ensure information is translated correctly and allowing for the child/ young person to respond, this will also promote an atmosphere of calmness.
If the child/young person becomes anxious, distressed or overtired, check this out, and if necessary take a break.
It may be necessary to seek further advice from professionals who know the child well or are familiar with the type of impairment s/he has e.g. paediatrician at the child development centre, the child’s school and/or the social worker from the disabled children’s team.
Professionals should be aware that some children/young people will be perfectly fluent in English but will use their family language for intimate parts of the body.When the child is spoken to it may be helpful for an appropriate professional to assist the interviewer and child/young person. Careful planning is required of the role of this adviser and the potential use of specialised communication equipment.
Achieving Best Evidence in Criminal Proceedings Guidance on interviewing victims and witnesses, and guidance on using special measures (March 2011) provides guidance on interviewing vulnerable witnesses, including learning disabilities and of the use of interpreters and intermediaries.
Interviews with witnesses with special communication needs may require use of an interpreter or intermediary and are generally much slower. The interview may be long and tiring for the witness and might need to be broken into 2 or 3 parts preferably (but not necessarily) held on the same day.
A witness should be interviewed in the language of her/his choice and vulnerable or intimidated witnesses, including children, may have a supporter present when being interviewed.
If the family's first language is not English and even if they appear reasonably fluent, the offer of an interpreter should be made, as it is essential that all issues are understood and fully explained.
Interpreters used for comunication with children/young people should have been subject to references, DBS checks and a written agreement regarding confidentiality. Whenever possible, they should be used to interpret their own first language. In the case of FGM (see Female Genital Mutilation Procedure) the interpreter must not have any connection with the family and their cultural beliefs must be examined.
Professionals need to first meet with the interpreter to explain the nature of the discussion, aims and plan of the discussion, and clarify:
Family members may choose to bring their own interpreter as a supporter.
Invitations to child protection conferences and reports must be translated into a language / medium that is understood by the family.
Only valid for 48hrs