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CHW186-Staff Whose First Language is Not English Policy

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Staff Whose First Language is Not English Policy

1. Purpose

The purpose of this policy is to support staff whose first language is not English in delivering safe, effective, and compassionate care while ensuring clear communication, regulatory compliance, and the wellbeing of individuals using the service. At {{org_field_name}}, we value a diverse workforce and are committed to promoting inclusion, equality, and language support. This policy outlines how we ensure all staff, regardless of linguistic background, are enabled to perform their duties confidently and in a manner that aligns with the Regulation and Inspection of Social Care (Wales) Act 2016, The Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, and CIW expectations for safe care and staffing.

2. Scope

This policy applies to all employees of {{org_field_name}}, including care assistants, nurses, domestic staff, catering staff, management, agency workers, and volunteers whose first language is not English. It also applies to recruitment, training, supervision, and communication processes, ensuring that individuals using our service are safeguarded, respected, and supported to communicate effectively with all staff.

3. Related Policies

This policy should be read alongside:
CHW02 – Fit and Proper Persons: Employed Staff Policy
CHW07 – Person-Centred Care Policy
CHW08 – Dignity and Respect Policy
CHW11 – Safe Care and Treatment Policy
CHW27 – Staff Supervision, Training and Development Policy
CHW28 – Staff Conduct and Code of Ethics Policy
CHW30 – Equality, Diversity and Inclusion Policy

4. Policy Statement

At {{org_field_name}}, we value a diverse workforce and recognise the contribution made by staff from different linguistic and cultural backgrounds. A person’s first language will not, in itself, determine their suitability for employment or deployment.

All staff must, however, have the language and communication skills necessary to perform their particular role safely, effectively and competently. The level and nature of communication competence required will depend upon the duties of the role, the individuals being supported, their assessed communication and language needs, the Statement of Purpose and the risks associated with the work.

Staff carrying out care and support duties must be able to understand, communicate and act upon information necessary for safe practice. This includes, where relevant:

The service will take reasonable and proportionate steps to support staff to develop their communication skills. Support will not be used as a substitute for ensuring that a member of staff is competent to undertake the duties allocated to them.

Communication requirements will also take account of the language and communication needs of individuals receiving care and support, including Welsh-language needs and any alternative or augmentative communication methods identified in an individual’s assessment or personal plan.

Staff will only undertake duties for which they have demonstrated the necessary communication competence. Where a communication difficulty could place an individual or another person at risk, appropriate supervision, restriction of duties, further training or other proportionate action will be put in place until the required competence has been demonstrated.

5. Recruitment and Selection

{{org_field_name}} will recruit staff in accordance with the requirements relating to the fitness and suitability of staff and will ensure that each person appointed has the qualifications, skills, competence and experience necessary for the work they are expected to perform.

Communication requirements will be identified in relation to the particular post and will be proportionate to the duties and responsibilities of that role. Applicants will be assessed against objective, role-related criteria rather than assumptions based upon their first language, nationality, national or ethnic origin, accent, name or perceived immigration status.

Where the role involves direct care and support, communication with individuals, safeguarding, medication, emergency procedures, record keeping, receiving or giving handovers, or communication with health and social care professionals, the recruitment process will establish whether the applicant can communicate and understand information to the standard necessary to perform those duties safely and effectively.

Assessment may include, where proportionate to the role:

The language assessment must reflect the actual requirements of the post. A higher standard of English must not be imposed merely because English is not the applicant’s first language.

Where the assessed needs of individuals require particular language or communication skills, including Welsh-language skills, these requirements will be considered when recruiting and deploying staff.

Where an applicant requires reasonable adjustments because of disability, these will be considered and implemented in accordance with the Equality Act 2010 where applicable. Reasonable adjustments will not remove the requirement for the person to demonstrate that, with those adjustments in place, they can perform the intrinsic and safety-critical requirements of the role.

Before appointment, the service will also complete the recruitment, suitability, registration, Disclosure and Barring Service and right-to-work checks applicable to the role in accordance with legislation and the organisation’s safer recruitment procedures.

Where an applicant is otherwise suitable but requires further development in communication skills, appointment or deployment will only proceed where the Registered Manager is satisfied that any identified gap can be safely managed. Any required development, supervision, restriction of duties or competency assessment will be documented and reviewed.

6. Induction and Onboarding

All staff will receive an induction appropriate to their role and responsibilities in accordance with the requirements of the service and applicable Social Care Wales requirements.

Induction will include the policies, procedures, responsibilities and information necessary for the worker to carry out their role safely. This will include, where relevant:

Where a member of staff’s first language is not English, reasonable additional support may be provided to assist learning and understanding. This may include additional induction time, supervised learning, visual material, appropriately translated learning material, mentoring, workplace language development and opportunities to repeat or demonstrate learning.

The provision of translated or simplified material does not replace the requirement for staff to understand and correctly apply the original policies, procedures, instructions and care information relevant to their duties.

The Registered Manager, or a suitably competent person delegated by the Registered Manager, will ensure that understanding and practical competence are assessed rather than assumed. Staff must be able to demonstrate that they understand what action to take in situations relevant to their role, including safeguarding concerns, emergencies and other safety-critical circumstances.

Where a member of staff has not demonstrated the communication competence required for a particular duty, they will not undertake that duty without the level of supervision or support necessary to maintain safety. Restrictions will remain in place until competence has been demonstrated and recorded.

7. Communication in the Workplace

{{org_field_name}} will promote clear, respectful and effective communication between all members of staff and between staff and individuals receiving care and support.

Staff are expected to ask for clarification whenever they do not understand an instruction, record, personal plan, risk assessment, professional recommendation or other information relevant to their work. No member of staff will be criticised for appropriately seeking clarification where this is necessary to work safely.

Managers, supervisors and other staff giving instructions will communicate clearly and will take reasonable steps to check understanding where there is any indication that information may not have been understood.

Staff must not pretend to understand information when they do not. Where uncertainty relates to an individual’s safety, safeguarding, medication, health condition, personal plan, emergency procedure or other safety-critical matter, the member of staff must seek clarification from an appropriate person before taking action, unless immediate action is necessary to prevent serious harm.

Approved interpreting, translation or communication support may be used where appropriate. Any such support must protect confidentiality, accuracy, dignity and information security.

Staff must not use unapproved public or consumer translation applications, personal devices, relatives, other individuals using the service or other inappropriate persons to translate confidential, safeguarding, medical, medication or other sensitive information.

Children or other individuals receiving care and support must not be used as interpreters for staff.

Where professional interpreting or translation is necessary, the service will use an appropriately competent and confidential service wherever reasonably practicable.

Translation or interpreting support must not be used as a substitute for a member of staff possessing the language and communication competence necessary to carry out the safety-critical elements of their own role.

Handovers, care records and other safety-critical information must be communicated and recorded in a form that can be clearly understood by the staff responsible for acting upon that information.

7.1 Welsh Language and the Active Offer

{{org_field_name}} recognises its responsibilities in relation to the Welsh-language needs of individuals receiving care and support.

The service will take reasonable steps to meet each individual’s identified language needs and will make arrangements to support meaningful communication in the individual’s language of need and choice.

Welsh-language requirements will be considered as part of:

The service will evidence its commitment to providing, or working towards providing, an Active Offer of Welsh-language care and support. An individual whose first or preferred language is Welsh must not be required routinely to request Welsh-language support before their language needs are considered.

Where an individual wishes or needs to communicate in Welsh, the service will identify how this will be supported. This may include deployment of Welsh-speaking staff, appropriate communication resources, Welsh-language information, appropriate interpreting arrangements or other suitable measures.

The absence of a Welsh-speaking member of staff on a particular shift does not remove the service provider’s responsibility to consider and make reasonable arrangements to meet the individual’s identified language and communication needs.

Information about an individual’s preferred language and communication requirements will be recorded in the relevant assessment and personal plan and communicated to staff who provide their care and support.

Staff must respect an individual’s choice to communicate in Welsh and must not discourage an individual from using Welsh because a particular member of staff is not a Welsh speaker.

Welsh-language ability within the workforce will be identified and used appropriately when planning staffing arrangements, while ensuring that Welsh-speaking staff are supported fairly and are not relied upon in a way that compromises safe staffing or places unreasonable expectations upon individual workers.

8. English Language Support and Development

We actively support staff to improve their English language skills where needed. This may include:
Signposting to ESOL (English for Speakers of Other Languages) courses through local colleges or training providers
Offering flexible shift patterns to attend English lessons
Providing language learning apps, materials, and workplace-based practice opportunities
Including English improvement goals in supervision and personal development plans
Celebrating progress and encouraging peer support

9. Ensuring Safety and Quality of Care

{{org_field_name}} will ensure that all staff have the communication skills and competence necessary to undertake the duties allocated to them safely and to meet the assessed needs of individuals receiving care and support.

Managers will ensure that staff can understand and correctly act upon the information necessary for their role. Depending upon the duties performed, this will include:

Staff must be able to communicate with individuals in a way that is meaningful and understandable to the individual, taking account of the individual’s language of need and choice, cognitive ability, sensory needs and any communication aids or methods identified in their assessment or personal plan.

Where a communication concern is identified, the Registered Manager or delegated competent person will assess the potential impact upon the member of staff’s duties and upon the safety and well-being of individuals.

Where the concern could compromise safe care or support, immediate proportionate action will be taken. This may include:

A member of staff who has not demonstrated the required competence must not undertake unsupervised safety-critical duties where a failure of communication could place an individual or another person at risk.

Any restriction or support arrangement will be documented, communicated to those responsible for allocating duties and reviewed within an appropriate timescale.

Where communication difficulties contribute to an incident, near miss, medication error, safeguarding concern or other adverse event, the matter will be reviewed through the organisation’s relevant incident, safeguarding, supervision and quality assurance processes. Necessary learning and improvement actions will be recorded and implemented.

10. Preventing Discrimination and Promoting Inclusion

Staff whose first language is not English are protected under our CHW30 – Equality, Diversity and Inclusion Policy. We do not tolerate racism, xenophobia, mockery, or exclusion based on language or accent. Team members are encouraged to value diversity and support one another in creating an inclusive, welcoming environment. Reports of discrimination are handled sensitively and in accordance with our grievance and disciplinary procedures.

11. Monitoring and Supervision

The communication competence of staff will be monitored as part of normal supervision, appraisal, competency assessment and quality assurance arrangements.

Managers will consider whether each member of staff continues to have the communication competence necessary to undertake their allocated duties and meet the needs of individuals receiving care and support.

Monitoring may include evidence from:

Where a communication or language development need is identified, this will be recorded and an appropriate action plan will be agreed. The action plan will state the support or training required, any temporary restriction or additional supervision necessary, the person responsible for monitoring progress and the date for review.

Where the communication difficulty creates a potential risk to individuals, the Registered Manager will ensure that appropriate action is taken immediately and will not wait until the worker’s next scheduled supervision or appraisal.

One-to-one supervision will take place in accordance with the service’s supervision arrangements and applicable regulatory guidance, including no less frequently than quarterly, and all staff will receive an annual appraisal. Communication competence and any relevant language development needs will be considered within these processes where applicable.

The service will maintain appropriate records of supervision, training, competency assessment and agreed development actions.

Repeated or significant concerns about a worker’s ability to communicate safely will be managed in accordance with the organisation’s staff support, capability, disciplinary, safeguarding and fitness-to-practise procedures as applicable.

12. Confidentiality and Safeguarding

All staff are expected to understand and comply with confidentiality and safeguarding expectations, regardless of their first language. Staff are assessed during induction on their ability to explain what safeguarding is, how to raise concerns, and what constitutes abuse. If language difficulties make it unclear whether a staff member fully understands these critical areas, additional training and mentoring are provided, and they are not assigned to unsupervised duties until competency is demonstrated.

13. Policy Review

This policy will be reviewed annually or sooner if changes in legislation, guidance from CIW, staffing profile, or concerns arise. Reviews are led by the Registered Manager in consultation with the Responsible Individual and staff representatives. Updates are shared in team meetings, through training, and added to the staff handbook.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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