A Deaf campaigner has launched a legal action aimed at stopping the government discriminating against users of British Sign Language by preventing them from serving on juries.
David Buxton, chief executive of the London-based disabled people’s organisation Action on Disability, is seeking a judicial review of the government’s failure to allow him to sit on a jury.
He was called up for jury service at Kingston Crown Court earlier this year, but when he told the Jury Central Summoning Bureau he was Deaf, he was informed that he was not required.
A crown court judge later deferred a decision on whether he would be allowed to serve as a juror.
In his claim for judicial review – which is being funded by the Equality and Human Rights Commission – Buxton is arguing that justice secretary David Gauke is discriminating against him and breaching the Equality Act’s public sector equality duty, and the Human Rights Act, by not allowing him to serve on a jury with the assistance of an interpreter.
The Ministry of Justice said this week that allowing a non-juror into the jury room during its deliberations breaches common law.
But Buxton’s call is backed by the UN committee on the rights of persons with disabilities, which said last September that the UK government should enable BSL-users “to fully and equally participate as jurors in court proceedings”, under article 13 (access to justice) of the UN disability convention.
The committee, in its concluding observations on the government’s implementation of the convention, said it was concerned that “regulations exclude persons with hearing impairments from participation in jury proceedings, and that personal assistants/interpreters are not deemed to constitute procedural accommodation”.
The refusal to allow BSL-users to take part as jurors is a long-standing source of frustration for many Deaf campaigners.