BREAKING: Judge grants permission for #WhereIsTheInterpreter judicial review to go ahead

A High Court judge has granted permission for the judicial review against the UK Government, over its refusal to provide a British Sign Language (BSL) interpreter, to go ahead.

The order was given by the Honourable Mr Justice Johnson, with the case now going to a hearing at the Leeds Combined Court Centre.

A date for the hearing is to be confirmed.

In the document, Justice Johnson writes: “This claim raises an important issue – broadly […] the Government’s compliance with its obligations under the Equality Act 2010 so as to provide health critical information in a form that is accessible by deaf users of BSL.”

The decision comes after several submissions from disability lawyers Fry Law and the UK Government over the issue, with Downing Street’s legal representatives saying the legal claim serves “no practical purpose”.

“Firstly, the challenge was not brought promptly. Secondly, relatedly, the claim is now academic and serves no practical purpose,” they said.

However, these two arguments were rejected by Justice Johnson, who said that he was not persuaded by them.

“I do not refuse permission on time grounds. The claim was issued within 3 months of the first briefing about which complaint was made.

“Given the time that the Defendant took to reply to the Claimant’s [Katie Rowley] correspondence and given the nature of the challenge […] it seems to me that the claim has, in context, been brought promptly.

“Nor am I persuaded that the claim is academic. Aside from the claim for damages, there is evidence […] of further occasions on which BSL translation has not been provided,” he said.

In a statement to The Limping Chicken, Katie Rowley said she was “well impressed” that the court has accepted the judicial review.

“I feel it’s a step in the right direction for BSL users to have our voice heard and that we are able to change things to improve access and equality.

“We shouldn’t have to go begging or anything, but hopefully this now will go in our favour in court under the Equality Act 2010.

“With that success we can show that as a herd, we are stronger in numbers to gain what’s needed and show the nation we are no pushovers. We aren’t here to be ignored, pushed aside or anything.

“We deserve to be treated as an equal and with 100 percent respect like the rest of the nation. BSL should be available on stage, just like hearing people have audio access,” she said.

Chris Fry, who represents Rowley in the case, added: “I’m grateful to Mr Justice Johnson for granting permission for this important challenge, which we hope to get to a Hearing as quickly as possible.

“The Deaf Community is entitled to expect accessible information in BSL in real-time, rather than as a token gesture and I’m pleased that we will now that the opportunity to hold the Cabinet Office to account for what I consider to be shameful breaches of the Equality Act.

“As proceedings will be open, I hope that supporters of Katie and the #WhereIsTheInterpreter? Campaign will be able to attend to demonstrate to the Court, and Government how important this issue is to the Deaf Community.”

Photo: Number 10/Flickr.

By Liam O’Dell. Liam is a mildly deaf freelance journalist and campaigner from Bedfordshire. He wears bilateral hearing aids and can be found talking about disability, theatre, politics and more on Twitter and on his website.

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Update – 03.03.21: In a video responding to the news, #WhereIsTheInterpreter founder Lynn Stewart-Taylor said she was “overjoyed” to receive an email from Fry Law confirming the judicial review will go ahead.

https://twitter.com/royaldeaf/status/1367128067836157955?s=20

“I am so pleased. Without [the Royal Association of the Deaf], SignHealth, [Gloucestershire Deaf Association], all the other organisations who have been involved, and the individuals who have supported us, this would not have happened.

“It shows what a good network of people can do,” she said.