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Disability Justice Fund: BSL Resource Project
Reasonable Access is delighted to be awarded a a grant by Trust for London to work with a range of diverse Deaf people in 2023 to identify ways Deaf BSL signers can challenge audist discrimination and assert their rights (we are slide 15 on the webpage).
How the BSL Resource Project will work
Most of Reasonable Access’s information is in written English which is not fully accessible to many Deaf BSL signers.
Over 2023 we hope to engage with a diverse range of Deaf BSL signers to research common discrimination that Deaf signers experience, how they challenge or deal with them. We will look at existing BSL information related to access (see below) and what information BSL signers think would be most useful to help them challenge discrimination and access barriers.
We will set up a small steering group of Deaf BSL signers to help guide us in making the main decisions throughout this project.
When we have finished the interviews, we will create short test videos of between 3 and 5 of the issues. The videos will be in BSL and aim to be linguistically and culturally clear to a wide range of BSL signers. We will also ensure there are accurate closed captions, voice over and an English transcript to make them as accessible as possible.
We will produce a short report in English and BSL with our key findings and areas to focus on in future which may help us or other organisations seek future funding.
Existing BSL Resources related to discrimination and access
Information in BSL related to access rights is scattered and often hard to find. Below are all the relevant BSL resources we have found in one place.
If you know of information we should add, please do contact us with the links.
Disability Justice Project
The Disability Justice Project helps people use the law to fight for their rights by providing information, guidance and template letters to help people challenge discrimination.
Some of the Disability Justice material has BSL videos including:
Equality and Human Rights Commission (EHRC)
The EHRC are an important Human Rights and Equalities organisation for England, Scotland and Wales.
The EHRC have a BSL playlist on the EHRC YouTube channel of ~20 videos covering:
- Transport discrimination.
- Workplace adjustments.
- Premier League (football) accessibility.
- Housing.
- Adult Social Care.
- Access to justice (the courts, police and legal system) for disabled people (including BSL signers).
- Equality Act for political parties.
- EHRC strategies, policies, inquiries and reports.
NHS Accessible Information Standard (AIS) – healthcare in England
Hearing Dogs
Scotland specific resources
Miscellaneous
BSL Advocacy support
Royal Association for Deaf People (RAD)
Royal Association for Deaf People (RAD) have a BSL advocacy service for British Sign Language users which includes healthcare complaints and may be able to assist with other access complaints.
BSL relevant court judgments
Reasonable Access like to collect useful ‘relevant’ court rulings that may help Deaf and disabled people with getting our legal rights. We have some British Sign Language (BSL) specific cases here.
Assessment of mental capacity in deaf sign language user (2024)
In the Court of Protection in 2024 the case called Oldham Metropolitan Borough Council v KZ & Ors (Rev1) [2024] EWCOP 72 (T3) (04 December 2024) about assessment of mental capacity of a deaf signer with severe language deprivation who is manifesting severe behavioural difficulties.
Content Note: This case contains distressing references to abuse and audism
This judgment outlines how a deaf signing individual’s mental capacity should be assessed [Paragraphs 96(1)(2)]:
- Mental Capacity assessor who is able to communicate at an advanced level of BSL
- Mental Capacity assessor who has a background in understanding deafness and engaging with the deaf community
If these conditions are not met, a clear explanation of reasons and alternative options should be provided e.g. using qualified sign language interpreters and deaf relay interpreting and advocacy professionals
Copy of judgment and commentary
- Full judgment of the case “Oldham Metropolitan Borough Council v KZ & Ors (Rev1) [2024] EWCOP 72 (T3) (04 December 2024)” on Bailii
- Summary of key legal issues by Local Government Lawyer blog
A deafness focused summary of the issues in KZ’s case
KZ was born deaf and lived overseas in at least 2 countries during his early years. KZ’s parents do not sign. KZ has a cochlear implant which he does not find useful – it is not clear when this was implanted. In 2024, KZ was diagnosed with severe language deprivation due to lack of appropriate or signed language access throughout his life.
It is likely KZ was abused by and within his family of origin and others. KZ has struggled in education. KZ has a history of behaviour like stalking and physically/sexually assaulting other people. KZ has received mental health support, been arrested and gone to court several times. KZ’s behaviour remains such a risk to others that he has to have 2:1 supervision at all times and is required to live at a specialist residential home.
In 2021, a mental capacity assessment was carried out for KZ by a psychiatrist who did not sign and who relied on a support worker who only had BSL level 1 skills to communicate with and understand KZ. As a result, KZ was misdiagnosed with a range of conditions including: borderline intellectual impairment (learning disabilities), autism, ADHD, OCD and emergent psychosis. KZ was also deemed to have almost no legal or mental capacity to make any decisions about his life, care, activities and contact with his family.
After being moved to a more signing friendly and suitable placement, KZ was given a new mental capacity assessment in 2024 by a psychologist who had advanced signing skills and 20+ years’ of experience working with deaf signers and the deaf community. The new psychologist believes KZ does not have an intellectual or cognitive impairment, autism, psychosis, OCD or ADHD, but that all of his difficulties result from severe language deprivation combined with trauma. KZ is recognised to have experienced trauma from his family of origin, previous residential placements, education providers and in general. This psychologist argues that language is needed to understand and learn appropriate behaviour in society and supports the placement staff who are working with KZ to develop his language skills and hopefully improve some of his mental and legal capacity over time.
The judge also met KZ before making their final court hearing and judgment to better understand what KZ did and did not want, and ensure KZ was supported to understand the court hearings and judgments about him. At this pre-hearing meeting, there was KZ, KZ’s BSL signing advocate, a registered BSL/English interpreter (RSLI) to mediate communication between signers and non-signers, KZ’s solicitor and a member of signing support staff who knows KZ well. Because of this meeting, the court was able to understand KZ’s needs and arrange for him to access his own court hearing remotely with interpretation and breaks for translation and explanation of what was happening. KZ was also supported to not have to watch the parts of the hearing involving his parents on-camera as one of the issues under discussion was them wanting more contact with KZ than he wants with them.