An Open Letter from Miriam Wright CEO Vision Support

One such law, the Disability Discrimination Act (DDA) of 1995, now obliges companies to provide auxiliary aids or services. This would make it easier for disabled users to make use of any services which it offers to the public.
Through the work that the Charity does we have had contact with a number of individuals who have been unclear as to their rights and been unsure as to the process of obtaining alternative formats.
The intention behind this letter is to offer our services to assist companies in making alternative formats more available to the Visually Impaired. This is not just a legal requirement but is of a real help to the end user who may have to go to unreasonable or uncomfortable lengths to be able to access the information that is sent to them. It provides a barrier to accepting and using new services. If a Visually Impaired person feels wrongly excluded from provision of goods or services they have recourse to the courts and can claim damages, not only for financial loss, but also for injury to feelings, and there is no limit to damages that can be awarded for the latter.

In our work with companies two of the more common questions are:-

• What are the limits on the materials that we have to produce?”
  
• What is a reasonable adjustment?”

The answer to the first is that service providers are required, by the DDA, to be proactive rather than reactive. There is a duty to consider all the ways in which you provide information and make sure that is accessible to everyone. In short any materials that you produce and send out to customers existing or potential must include those with a Visual Impairment. Special offers, adverts, or general update materials must be available and sent out in the format of the customer’s choice. The Act does not limit the communication spectrum.
In terms of reasonable adjustment there are no hard and fast rules, no single solution. However, the production and availability of materials in the format selected by the customer and available across all communications is a good start.
As a general rule the more important the information the more vital that it is available quickly in alternative formats. For example:

• A change to an existing service which some or all customers will need to be aware of in order to take action.
• Essential information such a labelling, safety notices, evacuation procedures.
• Information from which important decisions will be made.
• Contracts.
• Confidential or personal information.

If the information concerns a product, offer or service that is only available for a limited period, and customers must respond quickly to take advantage of it, you will need to ensure that Visually Impaired customers are not disadvantaged by delays in the production of alternative formats.
When considering your current and future policies, procedures and practices, seeking merely to comply with the letter of the law is a high risk approach as the DDA is difficult to interpret. For example, working practices may be challenged in the courts and, until a body of case law is established, it would be imprudent to quibble over whether a customer is covered by the Act. Best practice is not only the most prudent option but it serves all of your customers to the best possible standard and does not discriminate between them. To work within the spirit of the Act is not only the best option for an individual company but for the end user who will remain loyal to you and recommend you to family and friends. The argument for adopting a best policy approach is not limited to obeying the law but has its roots in commercial benefits and social responsibility.

For more information visit the website of Vision Support