Recognizing literacy problems during the hearing

If literacy problems have not been identified before the hearing, clients’ problems with literacy can be identified during the hearing.

A group of judges, working with the John Howard Society, has suggested steps they took in their courtrooms. We have adapted these suggestions slightly to suit administrative tribunals. This list may be useful.

  1. If the client is represented by counsel and you suspect a client may not understand, ask counsel for more information about their client’s background.
  2. Ask the tribunal staff who were involved in the intake process.
  3. It may be necessary for you to ask the client or participant directly (although some have expressed concern about this). If you are worried about embarrassing the client or making inappropriate inferences about the client, ask counsel to make discreet inquiries.
  4. If the client is not represented by counsel, rely on any information in the file, ask intake staff, or ask the client directly where possible.
  5. Be aware of the statistics on literacy, as outlined elsewhere in this manual, as possible markers for low literacy.
  6. Be alert to the varying degrees of literacy and the negative impact it can have on all aspects of a hearing, including any conclusions that may be drawn.
  7. Be aware of the markers for literacy previously mentioned, and be on guard for them.
    1. Is the client or participant reading too slowly or too quickly for the level of the material they are asked to review?
    2. Are clients and participants unable to summarize what they have read?
    3. Are clients and participants unable to explain the process?