Official statistics reveal ALS performance shortfall

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Thursday 24 May 2012 by Catherine Baksi

Three months into its contract to provide court interpreters Applied Language Solutions (ALS) was not meeting its performance targets, statistics published today reveal. Data provided to the Ministry of Justice by ALS, showed that from 30 January to 30 April 2012, ALS provided an interpreter in 81% of the cases where courts requested one. Its performance target was 98%.

In the first three months of the contract, there were 26,059 requests for interpreters at courts and tribunals in England and Wales, covering 142 languages. Of the initial requests, 2,825 (11%) were either cancelled by the court, or the person who made the request failed to attend. These figures are not included in the fulfillment numbers.

The figures show that the overall success rate for requests increased from 65% in February to 90% in April, with success rates varying between 58-95% for the 20 most requested languages at all courts, and between 69-94% at tribunals.

There were 2,232 complaints relating to the requests during the period. The complaints, categorised by ALS, show that 44% were due to interpreters not attending, 23% were due to ‘operational issues’ and 3% concerned the quality of the interpreter.

Four languages - Polish, Romanian, Urdu and Lithuanian - accounted for over a third of all language requests.

A Ministry of Justice spokesperson said: 'We have now seen a significant and sustained improvement in performance. There are now only a tiny handful of cases each day when an interpreter job is unfilled. Disruption to court business and complaints have reduced substantially and close to 3,000 interpreters are now working under this contract. We continue to monitor the improvement on a daily basis.'

Earlier this week the solicitor general Edward Garnier QC told the House of Commons that the contract with ALS ‘is now running properly’. He said: ‘The company has got a grip on it and we can expect nothing but progress from here on.’

Comments

What about bookings made bypassing ALS?

The Initial bulletin (http://www.justice.gov.uk/downloads/statistics/mojstats/language-stats/language-service-stats-jan12-april-12.pdf) says that "the data used for these statistics is generated from management information reports taken from the web-based request system."

Does this mean that any bookings made by the HMCTS through other sub-contractors (interpreters direct or other agencies) via other means (direct phone calls, etc) are not included in these statistics? I am aware that registered public service interpreters have been receiving numerous calls from the Listings Staff and other agencies with court interpreting offers all this time.

The percentages and numbers

The percentages and numbers are indeed warped.....

The title of the report says "Statistics on the use of language services in courts and tribunals" but does not state that this is only relating to the use of interpreters via ALS under the terms of the Framework Agreement between ALS and the MoJ.

We just have to bear in mind that this information is what it says on the tin...and we also have to bear in mind what it doesn't say on the tin...

This information is ALS's own management information.
Mind you there is absolutely no mention anywhere that MoJ made any attempt to verify this information.
This information only shows how ALS is performing on the requests passed to them!!!!

It does not give a full picture of the "use of language services in courts and tribunals"...because we all know that there is now a firm "mixed economy in place" and as soon as two weeks into this contract the courts and tribunals "reverted to the old system of booking interpreters directly"....we now know that in many cases courts and Police don't even bother contacting ALS and they just call NRPSI registered interpreters directly....

We also know that a lot of other language service providers (agencies) were and are used to book interpreters where and when ALS fails.

How much of the "use of language services in courts and tribunals" is done by still engaging interpreters directly ??? How much is done by other agencies ???

No one knows, because the MoJ claim they do not collect this data !!!!

The very existence of this "mixed economy" is a damming evidence of the FWA...
One of the fundamental purposes and deliverables of this Framework Agreement was to consolidate the provision of language services under one "Framework roof" through a single provider. This clearly hasn't happened.

Only a fraction (no one knows what) of all the "use of language services in courts and tribunals" is done through ALS. And even there they manage to botch it up by achieving only 81% delivery when they are contractually bound to manage at least 98%.
And every 1 in 10 cases results in complaint.

Another awkward question to

Another awkward question to be asked on the MoJ

Who is going to foot the bill for all the disruption, cancellations and adjournments and unnecessary custody e.t.c. caused by failures of ALS to perform the contract since 30 January to date?

Does the MoJ monitor the costs of the above at all?

MoJ is negligent in letting the contractor monitor itself

These statistics are compiled by the contractor, and are not subject to any external scrutiny or independent analysis. As one example of the way these figures are skewed, if a court listing clerk calls the contractor to complain about non-attendance, the contractor immediately asks if the court would like to cancel the booking. Naturally the clerk says yes, because the case had to be ajourned (at massive cost to the taxpayer). The contractor lists this as a cancellation and still gets paid. Moreover, this non-attendance statistic does not show up on these figures.
For a more realistic picture of what is going on, see the independent Crimeline Survey:
https://www.dropbox.com/s/vla6uuiahnj99lj/interpreter%20survey%20results.doc
Highlights:
Key points:
- In more than half of all cases no interpreter showed up
- In only 26% of cases did the interpreter appear as requested
- In 18% of cases the interpreter was late for the hearing
Conclusion:
The MoJ and Conservative party are negligent in letting the contractor monitor itself.

How much money was spent?

MoJ privatised the provision of interpreting in courts in England and Wales in order to achieve savings to the tune of £18m per year. Is MoJ on track? Do we know how much money MoJ has spent on interpreting services between February and April 2012?

We will never know..... The

We will never know.....

The MoJ might be able to say how much ALS charged their corporate credit card (According to published Service Level Agreement (SLA) between ALS and the MoJ it appears that payments are done by ALS charging MoJ's corporate credit card)

But the MoJ claim that they do not collect centrally the information on payments to individual interpreters and any arrangements with other agencies are probably on an "ad hoc" basis entered into by individual courts.

As long as the "mixed" economy stays in place no precise figure will ever be know.

On a related point.....payments by MoJ to ALS ..... if one reads the SLA between MoJ and ALS one does not see any mention of invoicing.....

It appears that ALS simply compiles their statistics in their "web based electronic portal" and than on that basis decides to charge MoJ's corporate credit card.
If the amount claimed by ALS from MoJ is based on ALS own statistics and the MoJ openly state that they do not collect their own figures and rely on ALS stats without apparently verifying them, how is MoJ supposed to verify and query the amounts of money that ALS take from them ??

ALS in breach of the Agreement

There is nothing on this report mentioning the high rate of unqualiffied interpreters used to fulfill bookings on a daily basis.

Contrary to the Framework Agreement where 3 Tiers of interpreters are strictly outlined and agreed between MoJ and ALS - on a daily basis low tier interpreters (i.e. people without ANY interpreting qualifications, simply bilingual) are used to fulfill Magistrates and Crown Court bookings - this is a clear breach and the Company Investigations Bureau should have a look at this data because this is malpractice.

Dear unqualified

Dear unqualified interpreter....

The situation with Tier of interpreters appears even worse than you suggest.

Not only Tier 3 "lingists" (ALS prefers to say "linguists") end up interpreting in courts....

There appears to be no contractual provisions to specify which Tiers of "linguists" are supposed to be booked for which types of hearings.....I did not see it in the Framework Agreement and I did not see in the Service Level Agreement between ALS and HMCTS.

ALS claim on their website (Linguist Lounge) that it is the customer who requests "linguists" of a particular Tier, but I have not see or heard any mention of any guidance or instructions to court listings staff on how to select a Tier of interpreter when making a request for interpreter from ALS.

And if such mechanism does exist there appears to be no mechanism to monitor whether the "linguists" of the required Tier (higher) were indeed supplied by ALS.

A Lamentable Shambles

Methinks that the "3 tiers of linguists" ruse was just a species of "mere puff", to quote the classic description in Carbolic Smoke Ball, intended to create the impression that ALS had it all planned out...

A Laughable Shambles

Or perhaps better put, a sham.

Dear Court

Dear Court interpreter....

Can I challenge one myth about the projected £18 million a year saving on an annual spend of £60 million.

When tendering this Framework Agreement the MoJ in 2010-2011 stated that they estimate that the ENTIRE !!! Criminal Justice System (CJS) in England and Wales spends c. £60 million pounds a year on procurement of interpreting and translation (langauge) services.

How this figure of £60 million was arrived at is another interesting subject as MoJ admitted that they never had any centralised statistics on the use of interpreters, but let's take this figure of £60 mil p.a. at face value.

The MoJ then stated that they expect to save £18 million p.a. from this £60mil by switching ALL the provision of language services across the ENTIRE CJS !!!!

Which means that ONLY IF ALL the courts ALL the police forces and ALL the probation trusts in the country switched to the Framework Agreement could these expected savings of £18 mil be potentially be achieved. And if the Framework Agreement actually worked as advertised of course.

Here lies the key to this £60 mil / £18 mil myth!!!

At the moment only the courts and Tribunals service are under this Framework + 5 police forces.
A lot of other police forces across the country already have existing contracts with other suppliers which run well into 2013-2015 (For example 6 East Midlands police forces have a contract with an outfit called CINTRA until 2015).

The MoJ estimates the value of the contract with ALS at £25 million a year, but again it was based on assumption that ALS would be able to deliver ALL of the request for interpreters from all the courts.

It is clear to all the professionals who are working or recently worked as police and court interpreters that there now exists a "mixed economy" in the provision of language services to courts.

There are services that ALS is actually able to deliver and bookings it can fill under the Framework Agreement.
There are numerous instances where courts still engage individual interpreters directly under the old terms and conditions and pay rates. We hear that in many cases courts don't even bother contacting ALS first and we all know that in February barely two weeks into the contract the MoJ itself instructed their courts to book individual interpreters directly for hearings due within the next 48 hours.
There are also numerous instances where courts turn to other language service providers to book interpreters. (One wonders on what terms and condition and pay rates these providers deliver services and how these T & C's and pay rates negotiated)

The MoJ does not know what is the exact split of "business" going to ALS, to interpreters direct and to other agencies. That is because by own admission the MoJ does not monitor and does not collect such statistics.
If the "business" is split equally between ALS, interpreters and other agencies then only £8 mil a year of expenditure would go through the provisions of the hapless Framework.
One wonders how on earth does the MoJ expect to evaluate the performance of this contract if they deliberately fail to monitor it and to collect statistics!

I repeat that the very existence of this "mixes economy" is a glaring example of failure of the Framework Agreement, which was supposed to consolidate the provision of language services and to save the courts "ringing around" interpreters and "processing thousands of claim forms".

ALS INTERPRETERS

Dear sir
I am sad that the ministry of justic is covering up for ALS at isleworth court an ALS had booked an interpreter for Tamil Defandant the interpreter himself was a criminal the interpreter that was booked for CPS Tamil language recognised him because she interpreted in his case. So criminal is interpreting for another criminal. The CPS interpreter couldn't say any thing as she was frightened from him. So that's what the MOJ is defending by supporting ALS.

Interpreters

I am really confused by all of this, apparently there have been 26.000 requests for interpreters in the last 3 months, that does seem a lot to me, how many of these were defendants and how many were witnesses, that is the real question.

The puzzling thing is that when I watch TV News from Iran, Afghanistan, Iraq, Syria, any eastern European country they can almost all speak pretty good English, even the man in the street. In fact watching Eurovision and SoccerAid this weekend I saw that most of the Eurovision entries sang in English, all of those representing their countries in the vote spoke very good English, not the french though, and SoccerAid's visits to India, PhillIpines and a number of African countries introduced many pretty good English speakers in the streets, I also seem to recall the same with all of the other televised AID programmes.

My question therefore is why do all of these people need interpreters?

If there is a genuine need then so be it but If they are defendants and found gui;ty they should be made to pay the interpreter costs, that might just stop them demanding an interpreter and rouse their long lost command of the English language.

Puzzled again

Just watched BBC 1 Panorama (Monday 28 May 8:30pm), called Stadiums of Hate, a program dedicated to the football EURO 2012. This was centered in Poland and Ukraine, once again almost all those interviewed spoke good English, most were violent thuggish and aggressive people, almost all appeared to be racist, creating racist situations not just at football matches but also in the main cities, racism seems to be the norm in Poland (an EU country) All England football fans please remember that when you visit Poland and Ukraine to watch the EURO 2012 games if you find yourself confronted by the police and/or courts then you are fully entitled to a free translator, paid for by their state. if you do not get this then let us all know, we seem to hand out free translators to everyone, the figures published by the MOJ suggest that Polish is one of the most demanded languages in the police stations and courts. We await your reports.