A judge has ordered outsourcing group Capita to pay £13,000 in local authority costs after an adoption case had to be postponed because the company failed to provide interpreters. Sir James Munby, President of the Family Division condemned as a “truly lamentable state of affairs” Capita’s repeated failure to provide translators for a Roma couple from Slovakia to challenge the adoption of their two children.
The case exposes an apparent flaw in the Capita service based on its failure to put in place contracts with interpreters that will ensure they appear in courts when needed. It also exposes Capita to the risk of further cost orders against it in other cases, dealing a blow to the contract between its subsidiary, Applied Language Solutions Limited (ALS), and the Ministry of Justice.
At a previous hearing Munby P noted: “the contractual arrangements between Capita and the interpreters it provides do not give Capita the ability to require that any particular interpreter accepts any particular assignment, or even to honour any engagement which the interpreter has accepted”. Two interpreters who had accepted the work for 7 May 2014 later cancelled. ALS informed the court at 2pm on the day before the case. An outraged Munby said in the latest cost orders case (14 November 2014):
“This was done by an automatically generated email which included the words ‘We apologise for any inconvenience caused’ – a banal and formulaic statement hardly reflecting the fact that a failure to provide interpreters, particular in a case such as this, causes much more than ‘inconvenience’ to all concerned, not least to the anxious parents. The timing of the sending of this email was, I am told, in accordance with an agreed protocol. That may be, but, for reasons which will become apparent, it does not seem to me to affect Capita’s liability, nor does the fact, as I was told, that court staff have access, by way of a web portal, to the current status of any booking at all times after the booking has been made.” Read the rest of this entry