BSL-33 Swansea University

Senedd Cymru | Welsh Parliament

Bil Aelod Arfaethedig – Mark Isherwood AS | Proposed Member Bill - Mark Isherwood MS

Datblygu'r Bil Iaith Arwyddion Prydain (BSL) (Cymru) | Development of the British Sign Language (BSL) (Wales) Bill

Ymateb gan: Prifysgol Abertawe | Evidence from: Swansea University

The need for legislation

The British Sign Language Act 2022 requires the UK Government to issue guidance about the promotion and facilitation of the use of British Sign Language (BSL). This however only applies in England and not to the Welsh Government or public bodies in Wales such as councils or the NHS.  The British Sign Language (BSL) (Wales) Bill aims to place equivalent specific duties on the Welsh Government and public bodies in Wales.

Question 1: Do you think there is a need for this legislation? Please provide reasons for your answer.

Yes. Without this legislation Deaf BSL users continue to be disciminated agains and have little power or recourse. Deaf BSL users are not treated fairly and hearing people do not realise this. A BSL Bill for Wales will go some way in recognising the rights and needs of Deaf BSL users and specifically that they have the right to language provision for services in BSL. Denying this to Deaf BSL users is to deny their human rights.

Question 2: Do you agree or disagree with the goals that the Bill seeks to achieve? Please provide reasons for your answer.

I agree with all the goals the BSL Bill seeks to achieve. The barriers for Deaf people in  Wales are many and have been the focus of our research for the past six years, yet the dire situation in Wales has existed for much longer. All our published funded research has shown just how much Deaf BSL users in Wales experience inequalities and barriers, particularly in health services.

Deaf BSL users in Wales continue to report poor experiences in health services from primary to secondary care across all of Wales. We have extensive evidence and publications to show this. For example: "No interpreters at appointments despite requesting on via email because they didn’t know how or forgot to book one". Many Deaf people are continually asked to "phone the GP surgery and use the appointments audio booking system" that exists in many areas, resulting in them having to go in person when ill to try and get an appointment.

A BSL Bill will go some way in raising awareness of the continued discrimination Deaf BSL users experience, and also provides an opportunity to begin reducing the inequalities people experience in booking and attending appointments, and in having information provided in a language they can understand. We know literacy levels for Deaf people are often lower than hearing people, so with the current language barriers that exist Deaf BSL users have much higher risk of health problems, misdiagnosis and misinformation about their treatment. There are many examples of this across Wales from research studies conducted in Wales over the past six years and previously.

Language barriers that exist relate to many areas including provision (very few interpreters with numbers reducing), and very few health and care staff who are Deaf aware. Workers have very little knowledge about the language and communication needs of Deaf people and continually interact and communicate ineffectively. We have much evidence of the many occasions when statutory services simply do not know or have efficient systems to actually book BSL interpreters. So when Deaf people do want to take part and have a voice, they are continually discriminated against and this opportunity is denied to them.

Because of these barriers Deaf BSL users in Wales are denied the opportunity to have a voice in the design and delivery of services, so things do not progress and the status quo continues.

A BSL Commissioner and regular reporting would go some way in showing just how challenging life is for Deaf BSL users in Wales.

British Sign Language

Question 3: Do you agree that the Bill should include proposals to promote and facilitate the use of BSL and its tactile forms?

Yes

Question 4: Do you agree that the Bill should support the various Welsh regional dialects of BSL?

Yes

Question 5: Do you think that the term ‘BSL users’ should be replaced with ‘BSL signers’, recognising that BSL is a language which includes both deaf and hearing signers? Please provide reasons for your answer.

Yes

BSL signers is a more inclusive term. Encouraging the use of BSL for Deaf and hearing signers will help make the language more visible, which will in turn raise awareness. The more requests there are for BSL provision at public places, events, and activities, the more Deaf aware the public become. In Wales Welsh language users have an active offer as they are entitled to communicate in their own language. It should be the same for BSL signers which will include Deaf BSL signers and also hearing signers who are friends and family signing members. At public events and activities BSL signers should be entitled to an active offer too so they have equal language rights.

Question 6: Do you think that the term ‘deaf BSL signers’ can be used when referring to BSL users/signers who are medically or audiologically deaf?  Please provide reasons for your answer.

Yes.

Yes but recognising that people may prefer use of captial D recognising Deaf identity and Deaf culture. So potentially Deaf BSL singers would distinguish from hearing BSL signers. Hearing BSL signers tend to be more Deaf aware if they have been studying BSL.

Deaf Communities

Question 7: Do you agree or disagree that deaf communities:

a) currently have a voice in the design and delivery of the public services that they use? Please tick the answer that most applies and provide any comments.

Strongly disagree.

Currently very few of our organisations and statutory services have staff who know how to book and properly organise a BSL interpreter. This means that bookings are last minute usually resulting in no interpreters being available. I have lost count of the number of times Deaf BSL users have tried and wanted to attend events and meetings and have a voice and share their stories, only to be consistently denied this because:

1. staff do not know how to book BSL interpreters or how to confirm arrangements with Deaf people.

2. Staff are seldom Deaf aware and do not understand or know how to communicate. e.g they do not understand the importance of lighting, positioning for interpreters and Deaf people. And hearing staff frequently forget and turn away denying lip reading opportunities.

Deaf people are seldom recorded as Deaf on their records so staff do not know and don't ask about communication requirements. Few staff know any BSL and do not attend or have access to Deaf awareness training.

Because of the above reasons, and a lack of language rights, Deaf BSL users are denied opportunities every day. Currently few systems provide any opportunity for Deaf BSL users to have a voice. A BSL Bill would change that and ensure more language rights for Deaf BSL users in Wales.

All services need to recognise that current Complaints and feedback systems are seldom Deaf-friendly which is the only reason complaint numbers from Deaf people may be low. The effort required for a Deaf BSL user, who may have lower literacy levels or be denied the opportunity to complain in BSL shows just how discriminatory and non-inclusive services are. In 2024 with all the technology we have, there is no excuse for this.

b) should have a formalised voice in the design and delivery of the public services that they use, especially ones targeted at deaf people. Please tick the answer that most applies and provide any comments.

Strongly agree.

A Bill that ensured a formalised process for Deaf BSL users to have a voice would fully recognise Deaf BSL users' rights. We all know about 'nothing about us without us' so services for Deaf people need to fully include Deaf people throughout all processes and be Deaf-led where possible. A formalised voice for Deaf BSL users and subsequent reporting on this would demonstrate the importance of inclusion, equality and Deaf people's language rights. We recognise them for other language users and have denied Deaf people and discriminated against them for too long.

Unfortunately stakeholders such as Health Boards, Social Services, Statutory services and government often pile Deaf people in with other Disabled people for responses and feedback, when the language needs of Deaf BSL users are quite different. A formalised approach would mean better equity. Equity involves offering varying levels of support based on specific needs or abilities to achieve greater fairness of outcomes, and a BSL Bill for Wales would support Deaf BSL users in this area.

Question 8: Are there any specific communication methods used by deaf people that you would like the Bill to reference/include?

That all Deaf people's needs are individual and the need to ask about communication requirements is most important. Many people will not be aware of the difference between Deaf BSL users, lip speakers, lip readers, those who need speech to text or captions or notetakers and that assumptions must not be made about a person's speech. The lack of Deaf awareness training for all workers across health and care services, as well as retail and all statutory services has maintained this problem.

Barriers that exist for deaf people

Question 9: What do you believe are the main barriers that currently exist for deaf people and/or their families in the following areas. Please tick all that apply and provide information/examples on each area:

Education; Health; Social Care; Transport; Other Public Services used by deaf people and their families; Workplace; Amenities like sports, local events, museums, great outdoors, heritage, most public events.

The barrier that exist focus on a lack of language provision in BSL and also other communication requirements not being met in all these settings. Staff do not know how to book and organise or work with BSL interpreters. Many Deaf BSL users experience a life of barriers that impacts poorly on their mental health. People are isolated because there is little language provision for them. So think about the process of using public transport to go and visit a museum. Even with advance planning this process is fraught with challenge because Deaf people's language needs are ignored. Try out your local museum or public place of interest and see:

1. if there is BSL provision like an app or video available; and

2. see if the staff know about it, and how to work it.

Sadly so often Deaf people who do go and do want to try and enjoy and take part find barriers continually exist. Many Deaf people have simply given up after so much discrimination and know that their attempts to engage will always be a battle.

Establishing a BSL Commissioner for Wales

The Bill proposes to establish a BSL Commissioner who would promote and facilitate the use of BSL, and would have the same powers as other minority language Commissioners such as in the Welsh Language (Wales) Measure 2011.

Question 10: Do you agree or disagree with the proposal to establish a BSL Commissioner for Wales, and, do you have any different suggestions or alternatives? Please provide reasons for your answer.

Yes

Question 11: The proposed remit of the Commissioner would be to:

§    formulate BSL standards;

§    establish a BSL Advisory Panel;

§    produce reports every 5 years in BSL, Welsh and English on the position of BSL in that period;

§    provide guidance and a process for public bodies to promote and facilitate BSL in their respective domains;

§    establish a procedure for the investigation of complaints.

Do you agree with the proposed remit of the Commissioner, and are there any other provisions you would like to include in the Commissioner’s remit? Please provide reasons for your answer.

I would like to see a lot more, but we have to start somewhere. A BSL Commissioner would give reporting responsibilities and mean the production of evidence that the Government would need to take notice of.

Question 12: Do you agree that the BSL Commissioner and the BSL Advisory Panel members should be fluent users/signers?

Yes

Question 13: Do you think that the proposed BSL Commissioner and Advisory Panel should prioritise the following. Please tick all that apply and provide reasons for your answer.

Enabling deaf users/signers to lead the development of policies and implementation of services for BSL users/signers; Early years language support for deaf children and their families; Improving BSL provision in education; Access to interpreters in public services.

Welsh Government need to be fully aware of the price paid by Deaf people and the costs to their health and mental health as well as economic impacts and quality of life that NOT providing the above has. Hearing people are too often in charge making decisions, who may be well meaning but do not know the issues.

The fact that 96% of deaf children are born to hearing families who know little about Deafness or BSL means they should be entitled to early years language support. The SUPERSTAR research project identifed the ongoing impacts and problems that families and deaf children in Wales face because of a lack of language support is shocking. It is not good enough for families to try and attempt to learn BSL from YouTube and Social media platforms. Properly resourced provision would increase deaf children's life chances significantly.

Improving BSL provision in education settings would increase accessibility for all learners. Currently there are too few qualified BSL signers to work in education settings meaning provision is very low and deaf children's communication needs are not met. Meaning their education chances are likely to continue to stay at a lower level to hearing childrens.

There needs to be significant change and improvement to interpreter provision in Wales. We do not have any university that provided the BSL interpreter qualification and the number of BSL interpreters in Wales is low and set to reduce in terms of those due to retire soon.

Question 14: Do you agree or disagree with the proposal to place a duty on the Welsh Government to prepare and publish an annual BSL report? Please provide reasons for your answer.

Yes.

An annual BSL report will show current statistics and also where problems and inequalities are experienced. It would also set an example of how to achieve good quality services and BSL practices which would inform and inspire others.

Question 15: Are there any other issues that you would like to raise about the Bill and the accompanying Explanatory Memorandum?

Please do use my research evidence which is peer reviewed and in the public domain and all collected in Wales.

Wales is the only UK country with no BSL ACT, and the only UK country with no Deaf mental health service. The evidence below goes some way to show reports from Deaf people and their families across Wales that this situation cannot continue:

1. Terry, J., Wilks, R., Davies, J. (2024). Simulated learning interventions to improve communication and practice with deaf and hard of hearing patients: a systematic review and qualitative synthesis. Journal of Advances in Health Sciences Education. Under review.

2. Terry, J., Robins-Talbot, C. (2024). Mental Health First Aid™ for Deaf communities: responses to a lack of national Deaf mental health service provision. Journal of Public Mental Health. ISSN: 1746-5729. https://cronfa.swan.ac.uk/Record/cronfa66484/Download/66484__30428__1126e7b2a4404292961f96c07d175195.pdf    

3. Terry, J. (2024). What supports hearing parents raising children who are deaf? British Association for Teachers of Deaf Children and Young People (BATOD). March 2024. https://www.batod.org.uk/information/batod-association-magazine-2024/

4. Terry, J., Parkinson, R., England, R., Nosek, M., Humphreys, I., Howells, A., Meara, R. (2024). Improving nursing students’ knowledge of working with Deaf and hard of hearing patients: evaluation of a Deaf awareness eLearning package. Nurse Education Today. https://doi.org/10.1016/j.nedt.2024.106446

5. Terry, J., Meara, R. (2023). A Scoping Review of Deaf Awareness Programs in Health Professional Education. Plos Global Public Health. https://journals.plos.org/globalpublichealth/article?id=10.1371/journal.pgph.0002818

6. Terry, J., Meara, R., England. R. (2023). “They still phone even though they know I'm Deaf”: exploring experiences of Deaf people in health services in Wales, UK. Journal of Public Health. https://doi.org/10.1093/pubmed/fdae112

7. Terry, J, Rance, J (2023). Systems that support hearing families with deaf children: A scoping review. PLoSONE 18(11):e0288771. https://doi.org/10.1371/journal.pone.0288771

8. Terry, J. (2023). Enablers and barriers for hearing parents with deaf children: Experiences of parents and workers in Wales, UK. Health Expectations. https://onlinelibrary.wiley.com/doi/abs/10.1111/hex.13864   

9. Terry, J. (2021). Developing networks to improve practice, policy and education with Deaf communities. Clinical Psychology Forum, No 348, December 2021. Special issue: Deafness and hearing loss

10. Terry, J., Redfern, P., Bond, J., Fowler-Powe, M., Booth, C. (2021). Deaf People Wales: Hidden Inequality. All Wales Deaf Mental Health & Well-Being Group. June 2021. https://bit.ly/36ao3IE

Question 16: Anything else?

Due to the lack of support and recognition from Government and Statutory services, Deaf people and their hearing colleagues have been working behind the scenes to find out more about these gaps. Research funders recognise that Deaf people are a population significantly disadvantaged and discriminated against. The small project fundings we have had are just a drop in the ocean and continually show that Deaf people's language rights have an ongoing negative impact on their lives and outcomes. Welsh Government ignore this situation at their peril. A BSL Act for Wales is the best way to pave the way for positive change for Deaf communities in Wales.