What is SENDA?


The Special Educational Needs and Disability Act 2001 (SENDA) introduces the right for disabled students not to be discriminated against in education, training and any services provided wholly or mainly for students, and for those enrolled on courses provided by ‘responsible bodies’, including further and higher education institutions and sixth form colleges.

This is a summary of the Special Educational Needs and Disability Act 2001 legislation (SENDA) that establishes legal rights for disabled students in pre- and post-16 education (UK).

Student services covered by the Act can include a wide range of educational and non-educational services, such as field trips, examinations and assessments, short courses, arrangements for work placements and libraries and learning resources.

What does SENDA mean in practice?

It will be unlawful for responsible bodies to treat a disabled person ‘less favourably’ than a non-disabled person for a reason that relates to the person’s disability. A dyslexic student applies to do a degree in law. The university tells her that they do not take dyslexic students on law degrees. The treatment she receives is less favourable compared to other students, and the reason for the treatment relates to her disability. The university is likely to be acting unlawfully.

If a disabled person is at a ‘substantial disadvantage’, responsible bodies are required to take reasonable steps to prevent that disadvantage. This might include:

  • changes to policies and practices
  • changes to course requirements or work placements
  • changes to the physical features of a building
  • the provision of interpreters or other support workers
  • the delivery of courses in alternative ways
  • the provision of material in other formats

Example: A partially deaf student who lip-reads is attending a law course. One of her lecturers continues to lecture while simultaneously writing on the whiteboard. The student asks him to stop speaking when he turns his back to use the whiteboard so that she can follow what he is saying. The student is likely to be at a substantial disadvantage if this adjustment is not made.

The law requires responsible bodies to anticipate the requirements of disabled people or students and the adjustments they could be making for them. This might be done through regular staff reviews and reviews of practice.

How do people know whether an adjustment is reasonable or not?

What steps are reasonable all depends on the circumstances of the case.

They will vary according to:

  • the type of services being provided
  • the nature of the institution or service and its size and resources
  • the effect of the disability on the individual disabled person or student

Some of the factors that might be taken into account are:

  • the financial resources available to the responsible body
  • the cost of taking a particular step
  • the extent to which it is practicable to take a particular step
  • health and safety requirements
  • the relevant interests of other people

The final decision about what is reasonable will be decided by the courts.

When did SENDA 2001 compliance take effect?

Compliance with The Special Educational Needs and Disability Act 2001 (SENDA);

These new special needs legislation rights came into force on 1 September 2002, with two exceptions:

  • the provision of auxiliary aids and services will be covered from 1 September 2003
  • alterations to physical features will be covered from 1 September 2005

Make your website Comply with SENDA

For your website to comply with The Special Educational Needs and Disability Act 2001 (SENDA) your organisation should ensure your website is built to the very latest W3C standards and recommendations from the very outset. Your accessible website design consultant should lay down clear instructions for your incumbent website design company to build your website to W3C HTML and CSS global good practice standards. Your website should be able to pass at least the very minimum W3C recommended Priority 1 standard for websites (so complying with the 1995 DDA) but you should also remember that the RNIB and even the UK Government acknowledge and advise that you really should be looking to pass at least Priority 2 and you should still be asking your website development company what extra functionality they have included in your website design to aid disabled visitors to your website.

The whole point of this exercise is to make sure the information on your website is accessible to all, regardless of any disability a visitor may have. The only way to ensure this is to follow accepted W3C recommendations for website construction and compliance in UK law and pro-actively introduce added functionality to a website where it is deemed it is necessary.

And remember, your website design company should advise you (if you are updating your website in-house) on how to maintain your W3C Priority Rating throughout the life cycle of your site.

Other Reading

If you want to procure, or design and build sites with accessibility in mind in the UK, you’ll find the following documents useful:

PAS 78

PAS 78 is now BS 8878).

This publication provides guidance to organisations in how to go about commissioning an accessible website from a design agency. It describes what is expected from websites to comply with the UK Disability Discrimination Act 1995 (DDA), making websites accessible to and usable by disabled people.

Download FREE:

  • PAS78 (pdf)
  • PAS78 (Word)
  • PAS78 (rtf)

More recently the UK Government issued a consultation document on Delivering Inclusive Websites to ‘improve’ commissioning a new website.

  • Delivering inclusive websites (PDF) [PDF, 210KB]
  • Delivering inclusive websites (Word) [MS Word, 353KB]

PAS 78: Guide to Good Practice in Commissioning Accessible Websites in the UK.

Originally, the title was ‘Guide to good practice in the design of accessible websites’. After the first Steering Group meeting it was decided to change the focus to ‘commissioning’ rather than ‘design’. In April 2004, the DRC published the report of their Formal Investigation into accessible website design / web accessibility in the UK.

One significant finding was that 81 per cent of websites surveyed failed to uphold the most basic W3C accessibility guidelines and specifications, even though many website commissioners and developers claimed to be aware of the importance of making websites accessible. The DRC has concluded that there is a need for best practice guidance on the
process of commissioning accessible websites.

PAS78 has been commissioned to provide guidance to website
commissioners on:

  • the steps that should be taken to commission accessible websites
  • the W3C guidelines and specifications to be adopted
  • the role of the guidelines and specifications, software tools and user testing within the development life cycle.

The purpose of the PAS 78 is to meet the needs of website commissioners, not website designers.

PAS 78 is not ‘rules’, is not ‘new web design guidelines’ and is not ‘the law’

PAS 78 is to help site commissioners (those that procure web design services via a website tender submission process, for instance) to ensure that they are able to commission accessible sites. It is intended to be a document that commissioners can understand and can discuss with web design project managers. For example, heavy reference is made to WAI guidelines, usability testing, automated checking tools, etc.

PAS 78 was published in March 2006.

The process is dictated by BSI. Standards documents follow a strict schedule and PAS 78 is no different.

Basics of PAS 78

  • PAS 78 is NOT a consensus document (i.e. not all steering group members must agree on the content… this is very significant, actually…)
  • PAS 78 will last not more than 2 YEARS before review
  • the audience of PAS 78 will be website COMMISSIONERS. It is not a document for web designers (important).

PAS 78 is a ‘work in progress’. It could mature into a British Standard.

PAS 78 a DRC-commissioned document, written by a Steering Panel, reviewed by a Review Panel and valid for not more than 2 years after publication, though it does have the potential to be further developed into a British Standard. BSI holds the copyright of the document.

Scope of PAS 78

This Publicly Available Specification outlines good practice in commissioning website designs that are accessible to and usable by disabled people. It gives recommendations for:

  • the management of the process of, and guidance on, upholding existing W3C guidelines and specifications;
  • involving disabled people in the development process and using the current software-based compliance testing tools that can assist with this.

It is applicable to all public and private organizations that wish to observe good practice under the existing voluntary guidelines and the relevant legislation on this subject and is intended for use by those responsible for commissioning public-facing website designs and web-based services.

Choosing A Website Designer

It is not possible to provide a definitive specification for a fully accessible website which will satisfy the requirements of the DDA and PAS 78 does not try to expand on this further. Website commissioners should therefore be sceptical if contracting companies declare that they will create websites that are ‘DDA-compliant’ or ‘compliant with the law’.

Conversely, website commissioners should not require a web designer to design a website that is ‘DDA-compliant’ or ‘compliant with the law’. Until case law has been established such claims cannot be made or honoured.

There is currently no nationally recognized system of accreditation for website developers who claim to create accessible websites that uphold W3C guidelines and specifications. Website commissioners should therefore perform their own reference checks until they are satisfied that the website development contractor has competence and experience in developing accessible websites that uphold W3C guidelines and specifications. Checks should include:

  • a review of previous work
  • references from previous clients
  • a practical knowledge of PAS 78
  • a practical knowledge of W3C guidelines and specifications
  • an appreciation of the implications of “The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises)” 2002 edition
  • familiarity with assistive technologies.

Call for Tenders / Website Design / CMS / Projects

Hobo is more than happy to submit Tender / Website Specification Documents / or costings for any website design / CMS project you may have for your company or agency. Our award winning developers have built websites for many Scottish Colleges, Universities, the NHS and other public and private sector organisations.

BS 8878 2010 Web Accessibility Code Of Practice British Standard

PAS 78 is now BS 8878). The web accessibility code of practice via BSI (Building accessible experiences for disabled people) is NOW AVAILABLE and it should be interesting reading for all those who want to build their websites so the majority of people can access them:

BS 8878 Web accessibility. Building accessible experiences for disabled people. Code of Practice is applicable to all public and private organizations wishing to offer accessible, usable websites to their customers. BS 8878 has been designed to introduce accessibility, usability and user experience for disabled people to non-technical professionals, some of whom may be completely new to this subject.

It gives guidance on process, rather than on technical and design issues, including recommendations for:

  • involving disabled people in the development process
  • using automated web accessibility tools to assist with accessibility testing
  • the management of the guidance and process for upholding existing accessibility guidelines and specifications.

The new British Standard BS8878 for accessible websites is based on PAS 78 and is due out late 2009. Any time soon hopefully!

Of course, accessible website design begins with validation – you can validate your html and validate your css using W3C tools.

With any web accessibility guidelines, I like to cut through the soup and see what the folks at Accessify Forum think of each implementation – there’s a lot of passionate accessibility folk who hang out there who are only to ready to help with useful accessibility tips. Check it out.

I do wish the folks responsible for making these documents are available would stop shunting this stuff about. Over the years they don’t even bother redirecting users to where the new files are kept or even leaving a link to the new location – sometimes you need to be a SEO to find the flaming documents. Hows that for accessibility?

Whatever happened to cool URI don’t change?

For web developers and those resposible for procuring an accessible website, it’s considered by some on the know that WCAG 2.0 level Double-A (AA) is a solid technical foundation to base a website on, but you are also going to have to test your website with USERS before you can say your site is accessible.

It’s worth noting that it’s still, in late 2009, practically impossible to design a site that will comply with the UK DDA as the UK DDA does not refer to WCAG and it does not lay down a specific level of accessibility for all websites. The purpose of the UK DDA is to legislate against unreasonable discrimination, and to require reasonable adjustments in cases where discrimination occurs for those accessing websites – but that discrimination would obviously have to be determined by a court, and that hasn’t happened in the UK to my knowledge. Of course, building your website to standards like WCAG shows at least you are attempting to make your websites accessible on some some level.

Actionable Tips

  • Build your website to W3C WCAG 2.0 level Double-A (AA)
  • Validate Your HTML & CSS
  • Make it simple for visitors to your website to contact you
  • Make reasonable changes to your website if asked to by someone who has difficulty accessing the information on it
  • Have a culture of inclusiveness in your whole organisation!
  • Learn more about web accessibility because this article is opinion and clearly NOT LEGAL ADVICE.

Contents of BS 8878 2010 contain:

  • Scope
  • Normative references
  • Terms, definitions and abbreviations
  • Embedding web accessibility within an organization – Responsibilities and documentation
  • Claims of conformity with BS 8878
  • Setting web accessibility responsibility and policy for the organization
  • Definition of an organizational web accessibility policy
  • Creating accessibility policies and statements for each web product
  • Definition of a web product’s accessibility policy
  • Definition of a web product’s accessibility statement
  • How to make justifiable decisions on accessibility options at each step
  • The process for creating accessible web products
  • Step 1: define the purpose of the web product
  • Step 2: define the target audiences for the web product
  • Step 3: analyse the needs of the target audiences for the web product
  • Step 4: note any platform or technology preferences and restrictions of the web product’s target audiences
  • Step 5: define the relationship the product will have with its target audiences
  • Step 6: define the user goals and tasks the web product needs to provide
  • Step 7: consider the degree of user-experience the web product will aim to provide
  • Step 8: consider inclusive design and user-personalized approaches to accessibility
  • Step 9: choose the delivery platforms to support
  • Step 10: choose the target browsers, operating systems and assistive technologies to support
  • Step 11: choose whether to create or procure the web product in-house or contract out externally
  • Step 12: define the web technologies to be used in the web product
  • Step 13: use web guidelines to direct accessible web production
  • Step 14: assure the web product’s accessibility through production
  • Step 15: communicate the web product’s accessibility decisions at launch
  • Step 16: plan to assure accessibility in all post-launch updates to the product
  • Using web accessibility guidelines to direct the production of accessible web products
  • Inclusive design guidelines
  • Personalization guidelines: for individualized web product adaptability
  • Accessibility guidelines for web products on non computer platforms
  • Guidelines for accessible web design for older people
  • Assuring accessibility throughout a web product’s lifecycle
  • Summary of approach
  • Gathering requirements from disabled users
  • Creating an accessibility test plan
  • Accessibility testing methods
  • Post-launch programme of accessibility testing
  • Terms, definitions and abbreviations
  • Disability and the law
  • Business case for making web products accessible
  • Examples of a web accessibility policy and web accessibility statement
  • Allocation of responsibilities
  • The accessibility challenges of different types of web product
  • How disabled and older people experience web products
  • Examples of web product purposes, audiences, user goals, user tasks and degrees of user-experience for those tasks
  • Measuring user success
  • The user-personalized approach to accessibility
  • Procurement of authoring tools, software, components or web-services
  • A guide to dealing with correspondence and complaints about a web product’s accessibility
  • Suggested user profiles
  • A guide to user testing with disabled and older people
  • List of figures
  • Architecture for user-personalized accessibility
  • Decision process for software selection

I was into web accessibility before seo and I still think every web designer should at least try and make their sites a bit more accessible, ESPECIALLY if asked….. – here’s a press release I received today:

BSI is inviting all interested parties, and in particular website owners, web product managers, web procurement managers, usability and accessibility specialists, marketing professionals and disabled web users, to review and comment on the draft of a new standard on accessible websites, DPC BS 8878 Web accessibility – Code of Practice

There are three main drivers for organizations to take steps to make their web products more accessible and usable:

  1. Commercial reasons, notably opening up web products to a wider audience:
  • More than 11 million people are protected by the UK’s disability discrimination law, according to the Department of Work and Pensions. Separate research by the Government’s Office for Disability Issues suggests that 15% of disabled people have hearing difficulties and 12% have visual impairments, and many others have physical or cognitive impairments which may impact on their use of web products.
  • Many elderly people, while not legally considered disabled, are also affected by the multiple minor impairments of ageing.
  • There are also many other non-disabled people who could benefit from more accessible web products including, people with a low reading age, and people who momentarily do not have use of one of their senses due to illness or because they need that sense to do something else at the same time
  1. Ethical reasons:
  • The Digital Britain report details the many benefits that modern digital technologies can bring. Many organizations want to ensure that disabled and elderly people are not excluded from these benefits, and are able to use new technologies to increase their ability to live independently, and to be fully engaged members of society.
  1. Legal reasons:
  • If an organization’s web product is not accessible to a disabled person, that person may have grounds for making a claim against the organization under the Equality Act 2010 or the Disability Discrimination Act 1995

Many web products unwittingly and unlawfully exclude disabled and elderly people; yet in most cases the barriers these web products present can be removed.

This draft British Standard explains how to create organizational policies and production processes to identify and remove such barriers.

DPC BS 8878 was originally issued in December 2008 and attracted an unprecedented amount of interest. After due consideration of the feedback, and taking into account recent changes in legislation and advances in technology, BSI is now able to provide an enhanced draft which is extensively restructured, and contains additional guidance material on topics such as:

  • The Equality Act 2010
  • The relationship between inclusive design and user-personalised approaches to accessibility, including whether to provide additional accessibility provisions
  • Creating accessible web products for computer, mobile and IPTV platforms
  • How to procure accessible web products
  • How to assure a product’s accessibility throughout the production process, including the value and costs of different forms of accessibility testing
  • Dealing with feedback and complaints on accessibility from users

DPC BS 8878 can be viewed at www.bsigroup.com/drafts until 30 June 2010.  All comments will be considered by the BSI technical committee responsible for drafting the standard.

Mike Low, BSI Director, Standards commented,

”Accessibility is an essential aspect of modern web production. The new UK Equality Act continues the legal imperative for websites to make reasonable steps to include the needs of disabled people. Moreover, Digital Britain initiatives to encourage more elderly people online pose both an opportunity and challenge for site owners in creating sites which are usable by a broader range of people than ever before.

Jonathan Hassell, of the BBC, Chair of the committee responsible for drafting DPC BS 8878,commented,

“Site owners urgently need an end-to-end guide to help them to ensure their products consider the needs of disabled and elderly people at all stages of the web production process, from initial requirements gathering, through selection of technologies and platforms, testing, launch and maintenance.

BS8878 is that guide. It’s designed to be a real-world standard, talking about real-world issues, experienced by real users, wanting to use real up-to-date web 2.0 products. It’s designed for real web product managers and production staff dealing with the real decisions they need to make every day which will affect whether or not their products will include or exclude disabled and elderly people.

This Draft for Public Consultation is a chance for people to tell us whether our drafting committee have got the content and style of the standard right and both given them an idea of the breadth of the parts of their production process that accessibility issues impact, and also demystified accessibility so they feel confident they know how to proceed.”,”
About BSI

BSI is a global independent business services organization that inspires confidence and delivers assurance to over 80,000 customers with standards-based solutions. Originating as the world’s first national standards body, BSI has over 2,400 staff operating in over 120 countries through more than 50 global offices. BSI’s key offerings are:

  • The development and sale of private, national and international standards and supporting information that promote and share best practice
  • Second and third-party management systems assessment and certification in all critical areas of management disciplines
  • Testing and certification of services and products for Kitemark and CE marking to UK, European and International standards. BSI is a Notified Body for 17 New Approach EU Directives
  • Certification of high-risk, complex medical devices
  • Performance management software solutions
  • Training services in support of standards implementation and business best practice.

For further information please visit www.bsigroup.com

Is Your Website Legal? Does It Comply With UK Laws on Disability?

Have you ever asked yourself the question: “Is my website design legal under current UK Law? You might not know this, but it HAS to be.

The Disability Discrimination Act 1995 – The DDA and the secondary legislation applied within Northern Ireland have placed a legal duty on service providers to make reasonable adjustments to the way they provide services to ensure that disabled people can use them.

The DDA states that disabled people should not be treated less favourably than other people when accessing services. This duty extends to the provision of websites where a website falls within the definition of a service under the terms of the DDA.

It is not possible to provide a definitive specification for a fully accessible website which will satisfy the requirements of the DDA, however the guidance set out in PAS 78 represents what the Disability Rights Commission (DRC) believes to be good practice website design.

What Are My Obligations Under The UK DDA?

Broadly speaking, the UK DDA makes it unlawful to discriminate against disabled people in the way in which you recruit and employ people; provide services; or provide education. Discrimination can take place in two ways – by treating a disabled person less favourably; and/or by failing to make ‘reasonable adjustments’ so that disabled people can participate in employment and education or make use of a service.

How Does The UK DDA Apply To Websites?

Websites may be covered under the employment provisions, as they may be a means of advertising jobs; or there may be an intranet which staff need to use. Websites will most commonly be covered when they constitute the provision of a service, or they are related to education (See SENDA).

The UK Disability Discrimination Act

Excerpts from the UK Disability Discrimination Act 1995 and related guidelines relevant to the legal compliance of websites.

Disability Discrimination Act (DDA) 1995, Section III

19. – (1) It is unlawful for a provider of services to discriminate against a disabled person-

(a) in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

(b) in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;

(c) in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or

(d) in the terms on which he provides a service to the disabled person.

Code of Practice (revised) – Rights of Access Goods, Facilities, Services and premises:

2.17 – It is important to remember that it is the provision of the service which is affected by Part III of the Act and not the nature of the service or business or the type of establishment from which it is provided.

In many cases a service provider is providing a service by a number of different means. In some cases, however, each of those means of service might be regarded as a service in itself and subject to the Act.

[Example]: An airline company provides a flight reservation and booking service to the public on its website. This is a provision of a service and is subject to the Act.

www.equalityhumanrights.com – UK Disability Rights Commission (DRC)

On 1 October 2007 the three equality commissions merged into the new Equality and Human Rights Commission:

  • Commission for Racial Equality (CRE)
  • Disability Rights Commission (DRC)
  • Equal Opportunities Commission (EOC)

The websites of these commissions have also been incorporated into the new Equality and Human Rights Commission website: www.equalityhumanrights.com.

The UK Disability Rights Commission (DRC) is concerned about the current inaccessibility of websites to disabled people. In April 2004 we published the results of a Formal Investigation (FI) into the issues that disabled people face when using websites. The findings of the investigation led us to work with the British Standards Institution (BSI) to produce a set of formal guidance on website accessibility.

The Disability Rights Commission’s investigation discovered that many disabled people find many websites difficult to use. However, this hasn’t always been their experience of the web. When Professor Tim Berners-Lee invented the World Wide Web (WWW), he expected it to provide a level playing field for disabled and non-disabled people alike: ‘The power of the Web is in its universality. Access by everyone, regardless of disability, should be an essential aspect.’

This was the case for the first few years after the invention of the WWW. Disabled people, including blind and partially sighted people, deaf and hearing impaired people, people with conditions that resulted in limited use of their arms and people with cognitive disabilities, were able to use the Web with relative ease. This was largely due to the creation of access technologies that would, for example, convert web text into audible, synthetic speech that blind people could hear. Access technologies worked relatively faultlessly because most websites were hand-coded using the World Wide Web Consortium (W3C) HTML standards.

Since the inception of the Web, it has been a potential new means for disabled people to find information and use services on the same terms as everyone else. For those disabled people who found it difficult to leave their home, the Web could have been an alternative means of accessing services.

Unfortunately, accessibility has never been properly understood and addressed by web authors and development tools.

Web authoring software tools hit the market, but most of them did not produce W3C-compliant code, which meant that the web ceased to be based on standards-compliant mark up. Many disabled people found their access technologies and themselves isolated from a significant number of web services.

The DRC addressed this situation in 2004 in our report ‘The Web: Access and Inclusion for Disabled People’. The report revealed findings of a large-scale study of 1000 British websites and made a number of major recommendations.

The report was based on research, undertaken by City University, which looked for compliance with guidelines published by the W3C and included testing by disabled users. The findings were discouraging: 81% of websites failed to meet the most basic criteria for conformance to web accessibility guidelines.

The FI report, which is available on the DRC website, makes for vital reading as it includes a list of the most common problems faced by web users. It also includes the results of a survey of website commissioners and developers. 97% of large organisations claim to be aware that web accessibility is an important issue and 68% claim to take accessibility into account when designing websites. Yet, 81% of the websites tested by City University lacked evidence of any attempt to make their content accessible.

The report highlighted a huge gap in knowledge of website commissioners and developers which needs to be addressed.

As a result of this, the DRC has commissioned the BSI to produce new guidance to plug this knowledge gap. The guidance will take the aim of informing website commissioners and developers of their obligations and of good practice in this area. This guidance takes the form of a Publicly Available Specification (PAS).

The Special Educational Needs and Disability Act (2001) (SENDA) amended Part 4 of the DDA to specifically include education, so educational establishments are legally bound to ensure their course-related website content is fully accessible.

You must make reasonable adjustments to your website to legally comply with UK Government regulations, as described in the UK DDA & SENDA. This means you must ensure that there are no obvious barriers to disabled users on your website.

So, validate your HTML and CSS, and test your website against WCAG (BOBBY or Watchfire). If your site has Priority 1 WCAG errors in the code, you are effectively leaving your organisation open to prosecution under the UK Government DDA & SENDA, although the chances of this happening in the UK is very slim indeed.

The advice is obvious – comply with W3C Recommendations and make efforts your website design accessible.

Does My Website Have To Be Accessible?

There’s a lot to learn about accessible website design. Here I collect some of the facts about web accessibility in the UK, a beginners guide. Please note some of this information was provided by the RNIB, and I republish it with permission.

The part of the DDA that states websites must be made accessible came into force on 1 October 1999 and the Code of Practice for this section of the Act was published on 27 May 2002. RNIB 2005

You DO have a responsibility at some level, whether or not you are the designer or the commissioner of the website, to ensure your website design does not discriminate against disabled visitors to your site.

You now have a legal obligation – following the implementation of section 21 of the Disability Discrimination Act (1999) – to make reasonable adjustments to ensure blind and partially sighted people can access your service. RNIB, 2005

The DDA does not specifically address websites design standards but it does make reference to the service provision of, well any service..

For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and he cannot show that his failure to comply with that duty is justified. DDA 1999

and interestingly, the Code of Practice cites an airline website as an example to define a service online:

What services are affected by the Act? An airline company provides a flight reservation and booking service to the public on its website. This is a provision of a service and is subject to the act. Code of Practice 2.13 – 2.17 (p11-13)

Service providers have a duty to make adjustments before there’s a problem. The DDA Code of Practice makes this clear.

Service providers should not wait until a disabled person wants to use a service which they provide before they give consideration to their duty to make reasonable adjustments. [] They should anticipate the requirements of disabled people and the adjustments that may have to be made for them. [] Failure to anticipate the need for an adjustment may render it too late to comply with the duty to make the adjustment. Furthermore, it may not of itself provide a defence to a claim that it was reasonable to have provided one. A service provider’s duty to make reasonable adjustments is a duty owed to disabled people at large. It is not simply a duty that is weighed up in relation to each individual disabled person who wants to access a service provider’s services. DDA Code Of Practice 1999

NOTE – PAS 78 is now BS 8878.

So what happens if your website design is not accessible?

Unsurprisingly, you leave yourself open to criticism, bad press and and more seriously legal action if your site is not accessible.

A disabled person can make a claim against you if your website makes it impossible or unreasonably difficult to access information and services. If you have not made reasonable adjustments and cannot show that this failure is justified, then you may be liable under the Act, and may have to pay compensation and be ordered by a court to change your site. RNIB 2005

What is meant by ‘reasonable adjustments’ to your website design?

Steps that should be taken to make reasonable adjustments include changing:

  • a practice, policy or procedure which makes it impossible or unreasonably difficult for a disabled person to use a service;
  • any physical features which make it impossible or unreasonably difficult for a disabled person to use a service.

Reasonable steps must also be taken to provide:

“auxiliary aids and services ” (an example of which would be an accessible website) where these would enable or facilitate the use of a service. RNIB 2005

These changes have been required since October 1999. Note that “reasonable” is not defined in the Act, but the Code of Practice does give some guidance on this, and indicates that it will depend upon:

  1. the type of service provided
  2. the type of organisation you are and resources available
  3. the impact on the disabled person

What level of compliance should your website design meet?

No case has been brought to court in the United Kingdom to date, so there is no case law guidance. In any event, case law can only provide broad guidance – what websites have to do may vary from site to site. What is important, however, is the outcome: the DDA requires that you make what it refers to as ‘reasonable adjustments’, to your services to ensure that a person with a disability can access that service. This means making changes to websites – which offer 24 hour service, and a variety of features not available via, for example, a telephone service – so that disabled people can use them.

…as outlined in our ‘See it Right’ website accessibility requirements, we recommend that websites exceed the basic level of compliance that the World Wide Web Consortium (W3C) recommend in their Website Accessibility Guidelines (WAG) version 1.0 and aim for double AA compliance. If you are a UK government website you should be aiming to achieve double A. RNIB 2005

Who can build you a website design that ‘complies with UK Law’?

No website design company is capable of producing a website for you that is ‘compliant with the law’ or ‘compliant with the DDA’ in the UK.

9.1.1 It is not possible to provide a definitive specification for a fully accessible website which will satisfy the requirements of the DDA. Website commissioners should therefore be sceptical if contracting companies declare that they will create websites that are ‘DDA-compliant’ or ‘compliant with the law’. Conversely, website commissioners should not require a web designer to design a website that is ‘DDA-compliant’ or ‘compliant with the law’. Until case law has been established such claims cannot be made or honoured. PAS 78 , 2006

Although there are many website design companies that build (or at least promise to build) quality, W3C compliant websites.

How do you choose a web site design company?

There is currently no nationally recognised system of accreditation for website developers who claim to create accessible websites that uphold W3C guidelines and specifications. You should therefore perform your own reference checks until you are satisfied that the web site designer has competence and experience in developing accessible web sites that uphold W3C guidelines and specifications. PAS 78 2006

Checks should include:

  • a review of previous work
  • references from previous clients
  • a practical knowledge of PAS 78
  • a practical knowledge of W3C guidelines and specifications
  • an appreciation of the implications of ‘The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises)’ 2002 edition.
  • familiarity with assistive technologies.

Web Accessibility Opinion

Basically, you need to make sure your site is built to W3C standards for good website design. That means valid html and valid css. It means passing Priority 1 W3C WCAG (Google it!) at least. It means well formed website code (i.e. without errors) and simple and correct use of technologies. Actually – this is fairly simple to do for an experienced web designer – do not accept that you need to pay more for accessible web design – it should come as standard, part of good practice web design. You could go one step further and ask “vision impaired” testers to test drive the site. Finally, you need to listen to your web site visitors. If someone contacts you about the inaccessibility of your web site – then fix it!

There’s a business case and moral obligation to make your site as accessible as you can. There are over 8 Million people registered as having a disability in the UK, and a lot of them use the net – do you really want to ignore them? Prosecutions have been successful in Australia and the US – it will happen in the UK, just not any time soon – so don’t worry too much about prosecution – and don’t listen to the snake oil salesman who want your hard earned cash for total website redevelopment!

Section 508

Section 508 only applies to US based companies and US Government or federal agencies at this time. The US Congress amended the Rehabilitation Act in 1998 to require Federal agencies to make their websites accessible to people with disabilities.

Inaccessible websites interfere with an individual’s ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals.

The law applies to all Federal agencies when they develop, procure, maintain, or use websites as an information tool. Under Section 508 (29 U.S.C. ‘ 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to everyone else.

The criteria for web-based technology and information is based on access guidelines developed by the Web Accessibility Initiative of the World Wide Web Consortium.

1998 Amendment to Section 508 of the Rehabilitation Act

Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998

SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY

(a) REQUIREMENTS FOR FEDERAL DEPARTMENTS AND AGENCIES.–

(1) ACCESSIBILITY.–

(A) DEVELOPMENT, PROCUREMENT, MAINTENANCE, OR USE OF ELECTRONIC AND INFORMATION TECHNOLOGY.–When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology–

(i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and

(ii) individuals with disabilities who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Visit www.section508.gov for more detailed information on Section 508.

First Company Prosecuted in the UK Over Web Accessibility (DDA)

Imagine the National, no, International, press coverage your business could get, if your business is the first business in the UK to appear in court over the inaccessibility of the company website.

Could your business be the first company in the UK to be prosecuted for failure to comply with the UK DDA (Disability Discrimination Act)?

Although unlikely, the answer is yes, you can be prosecuted. A disabled person can make a claim against you if your website makes it impossible or unreasonably difficult to access information and services. If you have not made reasonable adjustments and cannot show that this failure is justified, then you may be liable under the Disability Discrimination Act, and may have to pay compensation and be ordered by a court to change your site!

A useful reference is the case brought against the Sydney Olympics Committee in Australia in 2000. This resulted in a landmark decision against the website owners, requiring them to pay $20,000 Australian dollars.

“This response, I am satisfied, was very hurtful for him; the suggestion that he enlist the aid of a sighted person to assist him was wholly inconsistent with his own expectations and what he himself, unaided, had been able to achieve, both at university level and in business, in spite of his disability. To dismiss him and to continue to be dismissive of him was not only hurtful, he was also made to feel, I am satisfied, various emotions including those of anger and rejection by a significant statutory agent within the community of which he himself was a part.”

Judge Hon. William Carter QC 2

Since When Must A Website Be Accessible In The UK?

The Disability Discrimination Act 1995 – (the DDA), was introduced with the intention of comprehensively tackling the discrimination which many disabled people face.

You now have a legal obligation – following the implementation of section 21 of the Disability Discrimination Act (1999) – to make reasonable adjustments to ensure blind and partially sighted people can access your service. RNIB, 2005

The part of the DDA that states website owners have a responsibility to make reasonable adjustments to make a website accessible came into force on 1 October 1999 and the Code of Practice for this section of the Act was published on 27 May 2002.

What are the October 2004 changes to the DDA?

The DDA changes that came into effect on October 1 2004 are as follows:

  • small employer exemption removed. All employers are now legally obliged to make all their services accessible including websites, intranets and extranets accessible
  • police and fire services are now also legally obliged to make their websites, intranets and extranets accessible. Previously they were exempt. The only area of employment still specifically excluded is the armed forces.
  • service providers will have to make physical adjustments to their premises where these features make it impossible or unreasonably difficult for disabled people to use the service they provide.

Note that since 1999 website owners have had a legal obligation to make reasonable adjustments to make a website accessible… if approached.

Accessible Website Design in the UK

Have you been approached by website companies stating your web site design does not comply with the UK Disability Discrimination Act (DDA)? Worried? Thinking of a whole new site redesign to ensure compliance? Well hold on…did you know that no company is capable of producing a website for you that is ‘compliant with the law’ in the UK?

I’m not stating that there aren’t professional web design companies out there that build good quality, best practice web sites for clients. There is. But you should be sceptical if contracting companies declare that they will create web sites that are ‘DDA-compliant’ or ‘compliant with the law’. Quite simply, it’s It is not possible to provide a definitive specification for a fully accessible web site which will satisfy the requirements of the UK DDA and asking a web designer to design a website that is ‘DDA-compliant’ or ‘compliant with the law’ is opening a can of worms.

Why? Until case law has been established (i.e. Some big corporate company is taken to court over the inaccessibility of it’s site) such claims cannot be made or honoured. Simple as that.

So what should you do?

Basically, you need to make sure your site is built to W3C standards for good website design. That means valid html and valid CSS. It means passing Priority 1 W3C WCAG (Google it!) at least. It means well formed website code (i.e. without errors) and simple and correct use of technologies. Actually – this is fairly simple to do for an experienced web designer – do not accept that you need to pay more for accessible designs – it should come as standard, part of good practice web design. You could go one step further and ask “vision impaired” testers to test drive the site. Finally, you need to listen to your web site visitors. If someone contacts you about the inaccessibility of your web site – then fix it!

There’s a business case and moral obligation to make your site as accessible as you can. There are over 8 Million people registered as having a disability in the UK, and a lot of them use the net – do you really want to ignore them? Prosecutions have been successful in Australia and the US – it will happen in the UK, just not any time soon – so don’t worry too much about prosecution – and don’t listen to the snake oil salesman who want your hard earned cash for total website redevelopment!

How do you choose a web site design company?

There is currently no nationally recognized system of accreditation for website developers who claim to create accessible websites that uphold W3C guidelines and specifications. You should therefore perform your own reference checks until you are satisfied that the web site designer has competence and experience in developing accessible web sites that uphold W3C guidelines and specifications.

Checks should include:

  • a review of previous work
  • references from previous clients
  • a practical knowledge of PAS 78
  • a practical knowledge of W3C guidelines and specifications
  • an appreciation of the implications of ‘Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises)’ 2002 edition
  • familiarity with assistive technologies.Accessible Website Design

You now have a legal obligation – following the implementation of section 21 of the Disability Discrimination Act – to make reasonable adjustments to ensure blind and partially sighted people can access your service. RNIB, 2005

The Grey Area Of Website Design: Web Accessibility

It’s a sad fact that, even in 2008, it’s widespread and normal practice to commission and develop a website design that may discriminate against those with disabilities – in the UK at least.

I, along with many others, certainly had high hopes that PAS (Publicly Available Specification) 78 would have done a lot more to raise the issue of accessible website design.

It’s clear it’s not penetrated the larger population as a whole, because no client has ever asked me to build a site to PAS 78 recommended standards. It is always me that raises the issue with them.

Can I Be Sued?

“You now have a legal obligation – following the implementation of section 21 of the Disability Discrimination Act – to make reasonable adjustments to ensure blind and partially sighted people can access your service. RNIB, 2005

As I understand it, the only way you can end up in court for the inaccessibility of your site (in the UK) is when if and;

Hypothetically:

  1. A user reports difficulty using your website. You disregard it or respond to it badly. That’s poor service.
  2. A disabled user reports difficulty using your website. You disregard it or respond to it badly. That’s poor service.
  3. If the problem is due to your site being built badly with regards to accessibility, the user might complain to a support organisation.
  4. The support organisation would approach you and try to resolve the problem. How you react to this is your last chance to avoid legal action.
  5. If you take the complaint seriously and do your best to resolve it, you are no longer discriminating. Legal action would not be justified.
  6. If you disregard it or respond to it badly, legal action might be initiated, typically by the support organisation. You have consistently refused to accommodate this person due to their disability.
  7. In court, the exact nature of the problem would be investigated.
  8. The cost of rectifying the problem may be assessed against the available revenue of the website owner.

As you know in the UK, when it is proved you are discriminating against someone, anyone, you are in hot water. If on the other hand you are making a visible effort to promote accessibility on your site, with an obvious commitment to improve ‘obvious’ barriers to disabled users, you are in quite possibly ‘in the clear’.

No company has been successfully sued / prosecuted in the UK, to date. It has happened in the US and in Australia.

What About Small Business & SME?

The chances of a small business being taken to court might be the same as big business in some cases, but I would think that would be cowardly, crazy and unlikely. Surely for maximum impact in the news, it would be a larger company first in court?

Where Can I Learn More About Web Accesibility?

The BSI PAS 78 (which *may* evolve into a BSI British Standard) was launched in the UK on March 2006, with an aim to specifically assist uk website commissioners when developing a new website. If you are a public body, you will find this document useful, and should insist any new website is created while considering this document to meet minimum requirements.

Note that PAS 78 is not the law, not rules – they are basic recommendations.

For website designers and developers, the (W3C) offer clear recommendations on the accessibility of sites, with free HTML & CSS ‘Validators’. Another useful tool is ‘Watchfire’, which checks certain elements about your website against Priorities 1,2 & 3 of the WCAG). Of course, asking disabled users for feedback about your site is the best means of checking your site.

Whose Responsibility Is Accessible Website Design?

This is quite hotly debated as UK Law is vague. As I understand it, under PAS 78 website commissioners have a responsibility to ensure accessibility is considered. Under the UK DDA website developers have a responsibility not to discriminate against disability. In UK Law, the area is so Grey (because there has no case been brought to court) nobody actually knows yet who’s ultimately responsible. So it is critical that when you buy a new website you, at the web tender and contract stages, agree whose responsibility it is.

Does Accessibility Cost More?

Sure, it’s a pain in the backside for website developers to learn, create and maintain accessible websites. However in my opinion accessible design is quite simply good practice, good website design, and if accessibility is considered at the outset of any design project, costs are minimalised until a design agency finds that there is no need to charge extra for what should be best practice. A lot of websites suffer from exactly the same problems that can be eradicated. Learning about the W3C makes a better web designer – period.

Retrofitting a totally inaccessible site will cost – sometimes a lot.

In my experience educating the client in the more important areas of accessibility is sometimes a thankless task. We build websites clients can edit themselves, which of course gives them the opportunity to screw the level of accessibility of the site when they make big changes. No matter how many times you tell someone to include alt tags, it’s human to err.

What Should You Do

  • When developing new websites, ensure they are coded to standards and W3C recommendations that consider accessibility *at the design stage*.
  • Validate HTML & CSS using free online tools (as easy as using a search engine)
  • Test Your site for obvious barriers to disabled visitors using tools like Watchfire
  • Ask people who in the know to point out any major flaws in your site
  • Ensure if a problem with the site is raised, and it is reasonable, take action to remedy the situation
  • Make sure your pages download fast, and test your website design in different browsers – you can do this at http://browsershots.org/
  • Stay Out Of Court. You don’t want to be the first business in the UK prosecuted because of an issue with their website, which the DDA does recognise as a service. But also, at this time, be aware no web design company in the UK can build you a site that complies with the DDA (Read PAS 78).

10 Quick Tips For A More Accessible Site Design from the W3C

  1. Provide Alt Text For all images, and alternative content for all other media.
  2. Use eternal CSS for styling and layout and HTML for document structure.
  3. Associate table headers with table cells, and use tables only for data. Include a table summary.
  4. Provide a skip links option to let a user skip repetitive content.
  5. Do not use flash, frames or tables for layout purposes.
  6. Design for device independence. Don’t require a mouse and don’t require javascript to activate links etc.
  7. Use simple language on your website, and specify the language used.
  8. Make sure colours and fonts contrast sufficiently.
  9. Do not fix a font size on your website. Use % or ems.
  10. Use a fluid layout, using percentages or ems for width.

Make Me A UK DDA Compliant Website Design!

….er, we can’t. No website design company can can, as there has been no case that has went to court in the UK. What we can do is make it to W3C recommended standards. As I understand it Priority 2 or WCAG AA level is an ‘acceptable’ level, at least in the E.U.

I’m leaving the comments open, for views, support and any possible correction in my view on web accessibility as it’s such a grey area there’s little room for more misinformation. I’ve been interested in accessibility since about 8 years ago, when I ‘discovered’ it was an issue on my first website project. Ignorance about the issue makes advocates naturally very critical which is understandable. I learned a long time ago a site can always be improved, and there’s always a better way to do things, just as in search engine optimisation.

Some website design companies might say you have to pay for accessibility, and you are at ‘risk’ from prosecution if you don’t. I hope this article has quantified that risk and pointed out that accessibility isn’t too much a problem for a professional website design company. Don’t listen to companies who say to ignore accessibility issues, either, that’s just inappropriate, and definitely poor advice.

A SEO Rant

The people responsible for PAS 78 totally screwed up in my opinion when they couldn’t even be bothered organising between them a search engine friendly server side 301 redirect when they moved the PAS 78 Free Download document when on 1 October 2007, the Disability Rights Commission (DRC) ceased to exist and was replaced by the new Commission for Equality and Human Rights (CEHR).

Even accessibility advocates couldn’t find it (that and why do they keep moving the Government Web Accessibility Handbook about – infuriating!)! In fact from a search engine optimization perspective, they’ve screwed up big time, not transferring the old domain trust as well as physical visitors to the new page.

The W3C advocate “cool urls don’t change”. Although in real life, this is sometimes impractical, and a server side 301 redirect would have at least allowed people to find the document. Wouldn’t it have also been easy to put PAS 78 in the page title so Google could find it and rank it quicker?

All that would take….a minute?

We are a search engine optimization company, and we make websites, too. As always, we will always attempt to build websites with accessibility, and usability, in mind, to eradicate major accessibility obstacles from our sites, and offer a commitment, without contract, that we are responsible for the accessibility of websites we design & build. With that in mind, any reasonable accessibility issues brought to our attention, where possible, will be resolved as quickly as possible.

Is My Website Deemed Accessible In The UK?

A big question. Websites suffer from varying levels of inaccessibility. To keep on the right side of UK Government Law, your website should meet certain basic criteria.

Your website should meet basic industry good practice benchmarks, like valid HTML and CSS. Then, your website should meet at the very least Priority 1 (of the W3C WAI WCAG). At Hobo we build websites to a much higher spec, but these are the basic standards your website should meet.

If you’d rather simply be told whether your website does or does not comply with the UK Disability Discrimination Act, then contact Hobo.

On this site you can find out some information that can help you test the accessibility of your site, and give you some information about what level of accessibility compliance you should be aiming to achieve at a basic level.

In the UK, a new British Standard for web accessibility was published in 2009 – BS 8878.

Can I Be Prosecuted In The UK Law Because Of My Website?

Although very unlikely as it stands, the answer is yes, you can be prosecuted simply because your website is not accessible enough for all – not just able bodied visitors.

A disabled person has every justification to make a claim against you if your website makes it impossible or unreasonably difficult to access information and services. Especially if, when the contact you with a request to modify something, you ignore them!

If you have not made reasonable adjustments (and this means ensuring your website design is built with W3C recommendations in mind) and cannot show that this failure is justified, then you may be liable under the UK Disability Discrimination Act, and may have to pay compensation and be ordered by a court to change your site!

Fortunately, no one agency police the web looking for companies to prosecute

A useful reference is the case brought against the Sydney Olympics Committee in Australia in 2000. This legal case resulted in a landmark decision against the website owners, requiring them to pay $20,000 Australian dollars.

“This response, I am satisfied, was very hurtful for him; the suggestion that he enlist the aid of a sighted person to assist him was wholly inconsistent with his own expectations and what he himself, unaided, had been able to achieve, both at university level and in business, in spite of his disability. To dismiss him and to continue to be dismissive of him was not only hurtful, he was also made to feel, I am satisfied, various emotions including those of anger and rejection by a significant statutory agent within the community of which he himself was a part.”

Judge Hon. William Carter QC 2

It’s a very grey area and it’s been that way for years. You DO have a responsibility under UK law not to discriminate, and a disabled person has the right to take you to court over the inaccessibility of your website if you cannot justify why it’s not accessible to them!

Minimal Level Of Accessibility – Websites, UK Law & DDA

As there has been no case brought to court (as yet) in the UK, there is no set minimum level of requirement. It has long been accepted that the minimum level required to comply with UK law is Priority 1 at the very least, which means you have at least removed some of the most obvious barriers to a disabled visitor to your site.

The UK Government and the RNIB both advise that you should be surpassing Priority 1 to at least Priority 2 to make your website truly useable by disabled visitors. The best we can hope to do is follow the recent recommendations Delivering Inclusive Websites;

Minimum level of accessibility The minimum level of accessibility for all Government websites is Level Double-A of the W3C guidelines. Any new site approved by the Cabinet Sub-Committee on Public Engagement and the Delivery of Service (DA(PED)) must conform to these guidelines from the point of publication.

Continuing standalone sites must achieve this level of accessibility by December 2008. Websites which fail to meet the mandated level of conformance shall be subject to the withdrawal process for .gov.uk domain names, as set out in Naming and Registering Websites (TG101).

Delivering Inclusive Websites
, 14/05/2007

The E.U. has determined that Priority 2 should be the minimum levels a website design should meet.

In 2002, the European Parliament set the minimum level of accessibility for all
public sector websites3 at Level Double-A
. However, a recent survey of public
sector services4 showed that 70% of websites in the European Union failed to
conform to Level-A of the W3C guidelines. E-inclusion is a European policy
initiative which aims to ensure that ICT (Information & Communications
Technology) is usable by a wider population; and to promote the use of ICT to
achieve social inclusion objectives. The Riga eInclusion Declaration5 agreed to
promote inclusive e-government by ‘ensuring accessibility of all public web sites by 2010,
through compliance with the relevant W3C common web accessibility
standards and guidelines’.

Further information and advice is available from COI Digital Policy
webguidelines@coi.gsi.gov.uk

Delivering Inclusive Websites
, 14/05/2007

As there are no set minimum standards, it is impossible to build a site to comply with the UK DDA (Disability Discrimination Act), but it is clear the UK Government and the EU are beginning to take notice of web accessibility issues.

Who Enforces UK Website Accessibility Laws?

Web Design, Accessibility, RNIB and The UK DDA

No one agency or organisation police the world wide web with a view to prosecuting any one website owner. Specific support organisations may approach you because a member of public has made a complaint or expressed any dissatisfaction about your website or service. Here we look at some of the activity of the RNIB over the last few years and how they view the importance of compliance with the DDA.

Quote:

“The RNIB believes that blind and partially sighted people have a moral as well as a legal right to be able to access web sites and services on the same terms as people who don’t have disabilities. The RNIB has long been of the belief that the DDA legislation applies to services offered via the web. However, RNIB does not trawl the web in search of sites to prosecute, as some press articles may have led you to believe. Not only would this be resource intensive and expensive for RNIB, it simply is not in keeping with their policy, which is to do what they can within thier means to make designers and businesses aware of the importance and benefits of accessible web design”.

But, blind or partially sighted people who approach RNIB on the basis of having found a web site they cannot use are not referred to the Legal Advocacy Service immediately. Instead, the Digital Policy Development Officer (assisted by colleagues) initially consults with the blind or partially sighted person to ascertain whether their own IT equipment is suitably up-to-date to be able to surf the web effectively, and whether the blind or partially sighted person has received sufficient training to enable them to use their IT equipment effectively.

Once it is clear that the blind or partially sighted person has the tools and skill to use the web effectively the web site in question is assessed for accessibility problems. The company responsible for the site (the site owner, in other words) is then contacted and alerted to the problems that a disabled customer is experiencing. There then commences a 3-way dialogue between RNIB, the visually impaired person and the company.

In 99% of cases the company is able to make the changes the RNIB suggest in a reasonable time and the matter ends there. Only if the RNIB are not able to reach a satisfactory conclusion via conciliation is RNIB’s Legal Advocacy Team involved.

UK DDA Prosecutions Over Inaccessible Website

A few years ago the RNIB was involved in 2 county court cases;

The Royal National Institute of the Blind (RNIB) is the first organization in the UK to take legal action against a company in violation for the Disability Discrimination Act (DDA).

RNIB 2005

‘There has recently been some interest around The Royal National Institute of the Blind’s (RNIB’s) involvement in Disability Discrimination Act (DDA) cases relating to accessible websites. RNIB has recently been involved in two such cases, one of which was the subject of county court proceedings, and which settled in July 2003; these are the first court proceedings which they are aware of that related in any way to the provision of a service on the web.

These cases have now been resolved: both the clients and RNIB are content with the settlements that were reached. RNIB will continue to use the DDA in particular to issue proceedings on behalf of blind and partially sighted people in court for breaches of the Act where these breaches cannot be resolved without such action.

The clients involved in these two cases do not wish to comment further. Currently RNIB is working on potential cases involving website accessibility on behalf of other blind and partially sighted people under the DDA. We are unable to comment on the details of these potential cases at the moment but may be able to in future.

The word clients in this statement means blind and partially sighted people and not companies or businesses.’

So what happens if your website design is not accessible?

Unsurprisingly, you leave yourself open to criticism, bad press and and more seriously legal action if your site is not accessible.

A disabled person can make a claim against you if your website makes it impossible or unreasonably difficult to access information and services. If you have not made reasonable adjustments and cannot show that this failure is justified, then you may be liable under the Act, and may have to pay compensation and be ordered by a court to change your site. RNIB 2005

Web Accessibility Discrimination Prosecutions Cases in Australia and US

Australia

A case brought against the Sydney Olympics Committee in Australia in 2000 resulted in a landmark decision against the website owners, requiring them to pay $20,000 Australian dollars!

United States Of America

On 19 April 2004, New York State’s Attorney General Eliot Spitzer announced settlements with two major travel web sites, Priceline.com and Ramada.com.

In both instances, the companies had failed to implement guidelines published by the W3C Web Accessibility Initiative (www.w3.org/wai) that would have guaranteed the web sites’ accessibility to people with disabilities.

Under the terms of the settlements, the companies will now implement the WAI guidelines and pay the State of New York $40,000 and $37,500, respectively, as costs of the investigation.

The UK RNIB said of this Legal action

‘Service owners and web site developers in the UK should take heed of this warning: if it can happen in the US, it can and probably will, happen here. Our Disability Discrimination Act and the supporting codes of practice published by the Disability Rights Commission make it absolutely clear that web site owners are obliged by law to implement accessibility guidelines or face the possibility of legal action’.

Our Disability Discrimination Act has put a legal duty on service providers to ensure that disable people can use their web sites. Web site owners should act now to avoid becoming the subject of litigation in the UK’

What we do

As a website design consultancy we can offer advice on how to make your website more accessible to all your website visitors. We’re happy to submit tender proposals and development costs for any website design project you may have. Please contact us to arrange a visit to your office or to submit a website design tender.

This content is not an authoritative statement of the law and the information is not a substitute for obtaining legal advice. Whilst we have made every effort to ensure that the information we have provided is correct, we cannot accept any responsibility or liability for any errors or omissions.

Information provided by RNIB

Shaun Anderson

10th December 2006

Web Accessibility Checks, Tests, Tools + Resources

We’re currently re-evaluating all the sites with our name on it including this one – perhaps you might want to test your site?

Valid HTML and Valid CSS is the first step to ensuring an accessible website.

  1. Validate Your HTML to W3C recommendations
  2. Validate Your CSS to W3C levels
  3. ATRC – Find out if your page is WCAG 2.0 Level2 ‘compliant’ – this is the grade (or level of compliance) that the UK Government now recommend – Hobo Web
  4. WAVE – Test your website compatibility issues with WCAG 1.0 and section 508
  5. TAW – Checks website pages for conflicts with WCAG 1.0.
  6. CynthiaSays – I use this and it’s my favourite, but to be honest, I think the reports, though extremely detailed are difficult for the novice web designer
  7. HERA – Highlights WCAG 1.0 compatibility issues
  8. CSS Analyser – Color contrast test to make sure your sites CSS color scheme meets WCAG 1.0 requirements
  9. Readability Check – Analyzes the language on your website to Flesch Reading Ease and Flesch-Kincaid!
  10. Check how your site looks on multiple browsers.

 

Other Reading

If you want to procure, or design and build sites with accessibility in mind in the UK, you’ll find the following documents useful:





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