1,000 web sites to be checked in UK for disabled access

Accessibility is a legal requirement, but it is well known that many sites do not meet even the most basic levels. The DRC is not threatening legal action against those running non-compliant sites – at least not yet. It is, however, empowered by the Disability Rights Commission Act 1999 to instigate formal investigations aimed at eliminating discrimination and encouraging good practice in the treatment of disabled people.

The DRC will check web sites spanning the public and private sectors, testing for basic compliance with recognised industry accessibility standards.

Disabled access is about making web sites usable by those with disabilities such as sensory or mobility problems. A visually impaired internet user can use a screen reader to translate the contents of web pages for speech synthesisers or Braille displays; but the user will struggle to understand web pages if, for example, images are displayed on the page without a text alternative (which can be provided in HTML by an ALT tag).

There is consensus that the best practice is to comply at least with a minimum accessibility level defined by the World Wide Web Consortium, or W3C. It is likely that this minimum standard – known as Level One or Level A – is the standard that the DRC will be looking for in UK sites.

The legal obligation is found in the UK's Disability Discrimination Act of 1995, which states that it is unlawful for "a provider of services" to discriminate against a disabled person in failing to comply with its provisions.

Initially, there was some ambiguity because the wording of the Act did not specifically mention on-line services. This ambiguity was removed by the publication in February 2002 of a Code of Practice which is based on the Act.

The Code specifically refers to the application of the Act to on-line services. In explaining the services which a business should make accessible to people with hearing or visual disabilities, the Code cites "accessible web sites" among its examples.

The DRC says that 50 disabled people will be involved in in-depth testing of a representative sample of the 1,000 sites for practical usability. This work will help clarify the relationship between a site's compliance with standards and its practical usability for disabled people.

Speaking on Friday on the announcement of the Formal Investigation Bert Massie, Chairman of the DRC, said:

"Organisations which offer goods and services on the web already have a legal duty to make their sites accessible. The DRC is committed to enforcing these obligations but it is also determined to help site owners and developers tackle the barriers to inclusive web design."

The findings of the DRC's investigation are expected by the end of this year.

See OUT-LAW's article, Disabled access to web sites under UK law for more information.