Mr A brought a claim for unlawful discrimination against the Ministry of Justice and Practice Plus Health and Rehabilitation Services

Credit: DjelicS

A deaf prisoner with cancer was handcuffed on a short chain during hospital visits,leaving him unable to communicate using sign language.

The hospital had arranged for a British Sign Language (BSL) interpreter to be present online during a meeting between the 64-year-old man who has been profoundly deaf since birth and a consultant overseeing his cancer care. However,the handcuffs meant he could not make signs.

The consultant and the prisoner,known as Mr A,complained to the prison officer from HMP Lewes to whom the man was handcuffed.

The officer contacted the prison,and eventually permission was granted for the short chain to be swapped to a longer one,allowing him to use his hands. However,the same situation arose during a second hospital visit.

On other occasions,staff at Lewes denied Mr A a BSL interpreter within the jail because they took the view that lip reading and writing would be enough for him to communicate with prison staff,medics and other prisoners.

‘Informed of their rights’ 

Mr A,who was remanded to Lewes in August 2021 and spent a year in prison,brought a claim for unlawful discrimination against the Ministry of Justice (MoJ) and Practice Plus Health and Rehabilitation Services,the prison’s healthcare provider.

He has now settled with both parties and has been awarded a compensation payout by the MoJ of an undisclosed sum.

Mr A said: “I am really pleased my claim has now settled,but I am not the only deaf person who has been denied access to a BSL interpreter while in prison. Deaf prisoners should be informed of their rights and supported to have their deaf needs met while in custody.”

The case was uncovered by Inside Time,the prisoners’ newspaper. The MoJ told it that it had “agreed to settle this claim with no admission of liability”.

Mr A was represented by law firm Leigh Day,which said: “He was not provided with access to a BSL interpreter by prison or medical staff at the prison even though his communication needs were exacerbated in light of his cancer diagnosis.

‘Significant barriers’ 

“Mr A raised his concerns with HMP Lewes to the best of his ability,but the prison took the view that he was able to communicate sufficiently through lip-reading and writing,and no BSL interpreter was made available. A BSL interpreter was also not made available for his appointments with the healthcare department at the prison.

“As a result,he faced significant barriers understanding and taking part in prison life,as well as to follow and question medical professionals about his own health.”

Benjamin Burrows,a human rights partner at Leigh Day who represented Mr A,said: “It is commonly accepted that life in prison is going to be much harder on those who are deaf than for others. However,not providing a deaf prisoner with access to a BSL interpreter,when BSL is their first language,makes life almost impossible for them.

“This case shows that the needs of deaf people in prison are still being fundamentally misunderstood. I am pleased that we have been able to settle Mr A’s claim,but it is of considerable disappointment and concern that he had to resort to litigation in the first place.”