It is of the utmost importance that a parent is able to properly participate in the proceedings, understand the issues that arise and be provided with advice in a way that they can understand to inform the decisions that they need to make.

The case of Re C (A Child) [2014] EWCA Civ 128 should be considered by anyone who finds themselves within care proceedings that concern a deaf parent. McFarlane LJ, indicates the lessons to be learnt from this case and provides some informal guidelines in respect of matters to be considered in cases involving a deaf parent.

The Importance Of A British Sign Language Interpreter In Care Proceedings

As a starting point, it is vital that the Local Authority ensures that a British Sign Language interpreter is available for any meeting or conversation with the parent which takes place before care proceedings. It is not sufficient for a family member or friend to interpret, particularly when a parent may be asked to make decisions in respect of their child without the benefit of legal advice.

The case of Re C states that British Sign Language interpretation involves a sophisticated and to a degree bespoke understanding of both the process of communication and the impact of deafness on a person's understanding. An early expert assessment of the impact of a parent's deafness and his/her particular communication and assessment needs will be required.  The judgment also sets out the necessity for early resolution of funding arrangements for interpretation and consideration of whether a deaf relay interpreter (to act as "intermediary" for the deaf parent, working alongside the interpreter) is needed.

The Need For A Cognitive Functioning Assessment

From my experience, a cognitive functioning assessment should be conducted first, ideally by a psychologist who specialises in working with deaf clients and can sign themselves to avoid any confusion arising when questions are asked during the assessment. The outcome of this assessment should then inform the need for an intermediary assessment. If an intermediary assessment is required, the Court will consider such application and the cost commonly seems to be met by HMCTS since the assessment will inform whether an intermediary is required to assist the parent at Court and when giving evidence. Ideally, a deaf intermediary is preferable since they will have a thorough understanding of the support that the parent may require and as a separate issue, may reassure a parent and enable them to feel more comfortable during the assessment.

A cognitive functioning assessment will also confirm what type of parenting assessment would be appropriate for the Local Authority to undertake. It is likely that the assessment will need to be completed by a specialist and the instruction of an Independent Social Worker may be required.

The Role Of A British Sign Language Interpreter In Care Proceedings

Contact between a deaf parent and child will require consideration, a British Sign Language interpreter will need to be present to assist the parent in liaising with contact centre staff and consideration will need to be given to the format of correspondence. Not all deaf people will be able to read English, some may have learnt a written form of British Sign Language and may require assistance in understanding letters or emails sent to them. Consideration will also need to be given to the time required to arrange appointments, take instructions and for hearings to proceed. Extra time will be needed to allow for interpretation in all settings, a parent should not be made to feel rushed and their potential to understand a situation or evidence their true capabilities should not be compromised.

Remote Hearings: Supporting & Advising A Deaf Parent

Where remote hearings are concerned due to the impact of COVID-19, it may be inappropriate and unfair for the hearing to proceed remotely, this will depend on the type of hearing and the role of the deaf parent in that hearing. Having conducted research and spoken to support services, the general consensus is that remote hearings involving a deaf parent should take place by video link as opposed to by telephone if in fact they proceed at all, since this is the more inclusive platform for a deaf person to engage in the hearing. The interpreter can either attend remotely or can be present with the deaf person to sign to them in person and both then attend the hearing via one video link. Consideration will need to be given to the best video software to use, which will require liaison with the Court, since not all software will allow all participants to be visible to a parent at all times. Some software only allows the speaker to be visible and the images of the other participants are minimised. This will cause problems for a deaf person who is reliant on seeing their interpreter at all times, if the interpreter is not present with them.

Supporting & Advising A Deaf Parent At Timms

At Timms, our clients are our priority and we will ensure that any parent’s rights are protected so that they are able to fully participate in care proceedings concerning their child. Substantial early planning is essential and we have established links with local support services for deaf people. We understand the concerns and fears that a deaf parent may have when going through the process of care proceedings and the practical difficulties which may present. We will provide as much support to our clients as we can and ensure that all assessments are carried out at the commencement of proceedings as necessary to establish what professional support can be put in place to ensure that our clients receive a fair hearing, to give them the best possible chance of retaining care of their child.