Adjustments for all hearing participants
- The Equality Act 2010 creates a legal duty for the MPTS to make ‘reasonable adjustments’ for disabled people to remove or minimise any disadvantage they may face compared with those who do not have a disability.
- This means that the MPTS may need to change the way that a hearing is run, provide extra equipment and/or remove any physical barriers to ensure that a disabled individual is able to access the public service being provided. The MPTS may even need to treat disabled people ‘more favourably’ to address any disadvantage, for example by agreeing to limit the length of a day’s hearing if an individual may become fatigued because of a disability. However, the Equality Act does not define what is ‘reasonable’ and this will depend on the specific circumstances of the case, the individual, and the nature of support they may need.
- Where there are concerns about an individual’s wellbeing or ability to participate effectively in the hearing, even if those concerns do not amount to a disability as defined by the Act, consideration should be given to whether adjustments can be made to assist the individual. Where the individual is a PA or AA, the tribunal will also need to make sure they are able to appropriately exercise their rights under Article 6 of the Human Rights Act 1998.
- If any participant in the hearing requires any adjustments, these should be raised with the MPTS by the parties in advance of the hearing.
- For AT hearings the need for adjustments should be raised during the case management process. Any reasonable adjustments that have been notified to the MPTS Case Management team will be set out in the case management records shared with the tribunal and the tribunal should ensure these are followed.
- The tribunal should be prepared to adjust their approach during the hearing to enable the individual to participant effectively, considering the nature of their role or involvement, and recognising that some adjustments may only be identified during the hearing. Tribunals should also be proactive in considering whether adjustments are needed. It is not necessary to wait for one of the parties to make an application.
- The tribunal should remain mindful of the distinction between reasonable adjustments that the MPTS is required to make to comply with its legal duty and general adjustments that the tribunal has a discretion to make to assist individuals appearing before the tribunal to engage in a more meaningful way.
- Both types of adjustments may include, but are not limited to:
- sitting for a shorter day(s)
- introducing frequent breaks
- allowing an individual to request to pause their evidence
- allowing an individual to have a comfort item or stress item to help them stay calm or concentrate
- changing the layout of the hearing room
- permitting a supporter to sit near, or next to, the individual while they give evidence, and
- the use of an interpreter.
- If the tribunal considers that it is appropriate for there to be a supporter, the role of that individual should be clearly explained by the tribunal chair to ensure it is fully understood.
- For all types of hearings, it is the responsibility of the party who wishes the participant to use an interpreter to arrange for a suitably qualified interpreter to be available.43
- By exception, the use of an interpreter may also arise at the hearing if a party has failed to identify the need for an interpreter pre-hearing or if the needs of a participant unexpectedly change during the hearing. Where such issues arise, tribunals should ensure that the relevant party and the interpreter have completed Form M2 to ensure they are suitably qualified and understand and agree to the MPTS code of conduct.
43 In cases where a person wishes to speak in Welsh and the Welsh Language Standards apply, it will be the responsibility of the MPTS to make suitable arrangements for an interpreter.