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I was in family court recently to attend a final hearing about where my two children should reside.
I have a severe high frequency hearing loss that makes it difficult to discern speech.
I have a responsible job and have the capacity to appear ‘normal’ to most people, but I place heavy reliance on my hearing aids, lip reading, sub-titles, hearing loops in public places and simply working hard at following other people.
The court website states clearly that ‘This court has hearing enhancement facilities’. I took it as a given that this would take the form of a hearing loop or infra-red system that was compatible with hearing aids.
My court application stated clearly that I was hearing impaired. Imagine my surprise when, once in the court room, I was presented with an infra-red receiver which had ear buds to go into my ears and which was designed to hang very conspicuously around my face.
I explained it would not work (for obvious reasons as I would have to take my hearing aids out in order to wear it) and it was swiftly put away. There was no ‘plan B’. I was just told I could ask for things to ‘be repeated’.
It was a very difficult day. I was told off for not looking at the Magistrates while lip reading the Barrister.
I was asked to refer to numbered paragraphs when giving evidence, and had to ask for the numbers to be repeated time and time again causing the Magistrates’ and the opposing Barrister a degree of openly expressed frustration.
I told the Magistrates I could not hear everything the other witnesses said.
The discriminatory treatment I received from the court really mattered on that day because my communication ability was significantly impaired in a situation where effective communication was vitally important.
It was not just a matter of a hearing loop not working properly in a bank or post office where I was carrying out a minor transaction. It was about the future of my family.
I have filed a disability discrimination complaint with the court and am waiting for an official response. Ironically, the family court I attended is linked to the county court.
If I bring a disability discrimination case, it will be heard by the county court. I have a degree of incredulousness about this at present….
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Cathy
August 26, 2015
This story is sad and all too familiar, but I feel this person should have made crystal clear what communication aid was suitable and apt for them to use in court, effectively.
The fact the court did produce some kind of provision may mean they havent actually discriminated against this person.
The fact the contraption they produced was totally inadequate, was nobody’s fault, but may mean discrimination is not applicable.
It is a salutory tale for deaf people everywhere to ensure that their needs are fully understood and where loops are used to make it clear what kind of loop system is appropriate for them.
I feel almost lucky that loop systems are absolutely useless to me and booking an Interpreter is far easier and straightforward. You don’t need a plan ‘B’ with an interpreter unless they don’t turn up!!!
talhuladiamond
August 26, 2015
Absolutely outraged by this story. What an awful, traumatic day it must’ve been for you. Thank goodness you have the strength to make a complaint and continue fighting, for many people found in that situation would’ve struggled to cope, I’m sure. All the best for both cases. I look forward to reading your story of success.
Tim
August 26, 2015
Pretty outrageous, but this account does not surprise me. There are many horror stories. Lawyers and judges are often ignorant of Deaf issues and fancy that they can second guess about them correctly. They often end up blaming the Deaf person. Arrogant and cocksure ignorance.
I fear for any Deaf person who has to go to court.
There should be more Deaf lawyers and judges.
Telman
August 27, 2015
As a matter of personal experience of suing those who should know better (in my case, the local authority (three times! – you’d think they would learn!) and the regional police authority, I suggest to you that you armour yourself with one thin above all else: What, in ts context, could “reasonably” be considered as being a “reasonable” adjustment?
In law “reasonable” is very much a movable feast. However, when it comes to courts and the overriding consideration that, at any session of a court by whatever name, it is a “hearing”, then, by the court’s own definition of the nature of the event, it demands in absolute terms that all parties can “hear”. Thus, by the courts’ (civil or criminal, highest to the lowest) own definition, it demands in absolute terms that it (the court) holds, maintains and unequivocally demonstrates it adheres to the highest possible standards.
In short, “reasonable” in a court, any court, in the context of “reasonable adjustments” is of the highest possible standard.
samthornesite
November 8, 2016
I agree with Telman – ‘reasonable’ adjustment has to be reasonable. In-ear loop systems work for a tiny fraction of people who don’t have moulds fitted or ear buds already in their ears! Worst design ever, and not a ‘reasonable’ adjustment. Continuing to speak while the lip-reader is focussing on exhibits or lip-reading others is also unreasonable.
It sounds to me like it was the upsetting day from hell. I am so sorry for you. I hope you have a better experience next time. Perhaps take a Mackenzie friend to speak up for you when things are going on that you can’t keep track of? The moral support might help at least. Anyway, all the best with your case.