Guidance

Interpreters and Translators

Published 4 November 2024

1. Interpreters

Code 4.2 requires advisers to provide prompt, clear and competent advice to clients. Advisers must be sensitive to the potential for there to be communication difficulties between them and their client, even if they speak the same language. If it becomes clear that the client and adviser are unable to communicate clearly and easily, then the adviser must arrange for a suitable interpreter to be present when they meet their client.

An adviser must be mindful of the fact that while clients and interpreters may share a common language, they may have significantly different cultural, political or religious beliefs.

If a client wishes a friend or family member to interpret for them, the adviser must assess and decide if the person is sufficiently competent and able to do so. This includes assessing whether they understand the instructions, their role as interpreter, and can communicate clearly and accurately between themselves, the client and the adviser. The adviser must also ensure that the person interpreting is willing to act as an interpreter and understands the requirements relating to client confidentiality.

It is not appropriate to use a witness or potential witness as an interpreter.

2. Translators

The adviser must also ensure that any documents relevant to their client’s application have been translated into English by a suitable translator.

When it comes to language skills, translators need to have strong ability to read, comprehend and write in the language into which text is being transferred.

3. Suitable interpreter or translator

A suitable interpreter or translator is one who is competent to provide such service taking into account the client’s needs and the nature of the matter to be conveyed. For example, a family member or friend may be suitable to help support the client in your initial meeting when you are generally discussing the client’s case, options and costs, or in subsequent calls where you are seeking clarification on a point, however a qualified professional may be necessary where you are confirming a witness statement or drafting detailed representations. When seeing a professional interpreter or translator their relevant qualifications, experience, independence and membership of such organisations as the National Register of Public Service Interpreters (NRPSI) should be considered and costs for such services discussed with the client.