A profoundly deaf prisoner was allegedly denied a sign language interpreter during his year in jail.

The former inmate said staff at HMP Lewes took the view that lip reading and writing would be enough for him to communicate with prison staff, medical staff and other prisoners while he was serving his sentence.

He alleged that when he was taken to hospital for treatment for his cancer on two separate occasions, he was handcuffed to a prison officer with a short chain, which meant that he was unable to communicate using British Sign Language (BSL).

After the consultant oncologist raised concerns directly with prison staff, he was given a longer chain

Now the prisoner, known as Mr A, has settled a legal claim against the Ministry of Justice and Practice Plus Health and Rehabilitation Services, who denied liability for the unlawful discrimination claim and later agreed to settle the claim brought against them.

Mr A, who is 64, is profoundly deaf and relies on BSL to effectively communicate. 

He was remanded to HMP Lewes in August 2021. It is alleged that 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”, his lawyers said.

Mr A raised his concerns with HMP Lewes to the best of his ability, but no BSL interpreter was made available. A BSL interpreter was also not made available for his appointments with the healthcare department at the prison. 

His lawyers said he faced “significant barriers understanding and taking part in prison life”.

Mr A brought a claim for compensation against the Ministry of Justice and Practice Plus in December 2022, alleging that they had unlawfully discriminated against him under the Equality Act 2010 and violated his rights under Articles 8 and 14 of the European Convention on Human Rights by failing to meet his deaf needs.

The claim has now been settled against both defendants and The Argus understands the Ministry of Justice has made no admission of liability.

Mr A was represented by human rights partner at Leigh Day Benjamin Burrows and Paul Clark, a barrister at Garden Court Chambers.

Mr Burrows 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.”

Mr A said: “I am really pleased my claim has now settled. Deaf prisoners should be informed of their rights and supported to have their deaf needs met while in custody.”