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Legal and Ethical

Equal Access to Information and Services

Contents

  1. Equal access to information and services
  2. Benefits of equal access
  3. Legal and ethical standards
  4. Equality Act 2010
  5. Professional guidelines
  6. Accepted standards
  7. WCAG (Web Content Accessibility Guidelines)
  8. WCAG principles
  9. Alt text
  10. Alternative input methods

Equal access means that everyone can reach information and use a service without barriers or discrimination. Nothing about a person — a disability, their age, the language they speak or their background — should stop them opening a web page, filling in an online form or using a system at work.

Barriers that shut people out

Most barriers come from design choices, not from the person using the service. A swimming pool booking form that only works if you drag a block across the screen shuts out someone with a motor disability who relies on a keyboard or a switch. A page full of pop-ups that appear without warning is unsettling for an autistic visitor who needs things to stay calm and predictable. Long, tightly packed blocks of text slow down a reader with dyslexia. A road-safety video with no captions loses a deaf viewer, and a train timetable that shows delays in red and on-time trains in green is unreadable to someone who is colour blind. Someone who is blind or hard of sight is blocked when a picture has no written description, because their screen reader has nothing to say.

BarrierWho it blocksFeature that removes it
Drag-and-drop only formMotor disabilityKeyboard access
Pale yellow text on whiteLow vision, colour blindnessStrong colour contrast
Timetable saved as a photoBlind, screen reader userReal text or alt text
Video with sound onlyHearing difficultiesCaptions
Constant pop-upsAutismCalm, predictable layout
Dense justified textDyslexiaShort lines, plain font

Access for everyone, not only disability

Equal access reaches further than disability. A council that publishes its recycling rules only in English, or only as a file that some phones cannot open, has excluded people just as surely as a mouse-only form does. Organisations therefore plan access in from the start: captions, keyboard access, alt text and strong contrast are chosen to match the people who will use the service, and those same features usually help visitors who are not disabled too.

Equal access means removing the barriers that stop some people using information and services. Accessibility features are often seen as help for disabled users, but they improve things for everyone — and once the barriers go, the benefits spread to individuals, organisations and society.

Individuals

People gain access to media and entertainment: captions let you follow a science video on a noisy bus, and audio description makes a nature programme usable when you cannot see the screen. An accessible website also lets you do everyday jobs at any hour and on any device, such as renewing a library loan on the way home or checking when a pool at your local leisure centre is free from your phone. Online courses and revision sites offer chances to learn and improve, while messaging and video calls make it easy to keep in touch with relatives far away.

Organisations

Businesses benefit because every member of staff can use their systems to research competitors and prices, find suppliers and communicate better with each other. When everyone can reach the records and financial systems they need, orders and invoices are less likely to be wrong, which improves financial management. Accessible customer communication, such as a clear contact form or live chat, improves service. For example, a bakery that publishes its opening hours and allergen list as plain text with proper headings lets a customer's screen reader read those details aloud, winning orders it would otherwise have lost.

Society

Social networking reduces social barriers and brings communities together, because people who cannot easily leave home can still join groups. Messaging over long distances at a lower cost keeps families and friends connected. The democratisation of knowledge means anyone with internet access can learn, not just those who can travel to a library or pay for a course. Shared online projects build a better understanding of other cultures and support international collaboration, such as schools in different countries putting together an online museum of local history.

Legal standards are the rules set out in law. Ethical standards are based on what society believes is right and wrong. An organisation has to meet both, but only one of them can be enforced in court.

Legal standards

Legal standards come from legislation, and they are enforceable: a regulator or a court can force an organisation to change what it does, and breaking the law can lead to penalties such as fines, disciplinary action against the staff responsible, or imprisonment.

Any organisation that uses technology must follow the laws covering that use. Data protection law controls how it stores and shares personal data, and the Equality Act 2010 covers how it treats the people using its services. Laws are updated and replaced over time, so an organisation has to keep checking that its systems and policies still match the current version; following an old version of a law is still breaking the law.

Ethical standards

Ethical standards are not written into law. Society works them out over time, and they are the behaviour people expect from a fair, honest organisation. No one can be prosecuted for ignoring them, but the consequences are real: customers lose trust, staff leave, and a reputation built over years can be damaged in days.

The two are not the same, and something can be legal but not ethical. A video-sharing app tunes its recommendations to keep you watching for as long as possible, even when its own research shows some clips leave young users feeling worse. No law is broken, but many people would call it unethical, because the app puts viewing time ahead of its users' wellbeing.

Legal standardsEthical standards
Based onLegislationWhat society believes is right
Enforceable?Yes: fines, disciplinary action, imprisonmentNo: trust and reputation suffer instead
Decided byParliament and the courtsPeople, gradually over time
Question it asksIs this allowed?Is this fair?

The Equality Act 2010 is the UK law that upholds equal access and prohibits discrimination. It brought earlier laws against unfair treatment, such as the Race Relations Act and the Disability Discrimination Act, together into one Act, so those older laws no longer apply — the Equality Act 2010 is the one that does.

Under the Act, discrimination in access to information and services is illegal. An organisation, or an individual working within it, that discriminates can be prosecuted, so providing fair access is a legal duty rather than a goodwill gesture.

What counts as discrimination

Discrimination can take several forms when you provide information or run a service:

  • Offensive content — words, pictures or jokes that insult a group of people, such as a climbing centre's printed welcome leaflet that includes a mocking joke about people with dwarfism.
  • Failing to provide accessibility tools to a member of staff — a hotel that refuses to fit a hearing loop at its busy reception desk, so the receptionist who is hard of hearing cannot hear guests checking in or ask them to repeat themselves. Treating an employee this way is discrimination too, and the hotel can be prosecuted.
  • Offering content in one inaccessible format only — a bowling alley that shows its lane prices only as a colour-coded chart, so a visitor with colour vision deficiency cannot tell the prices apart. Adding text labels to each colour removes the barrier.

Plan access from the start

Because the duty is legal, an organisation must think about access before it launches a service, rather than waiting for a complaint and patching things afterwards. Checking keyboard access, text alternatives and captions at the design stage is cheaper than rebuilding later, and it keeps the organisation within the law.

Professional guidelines are rules that focus on one profession or industry. They are based on actions agreed by key organisations, such as a professional body or a trade association, and are usually published as a code of practice or code of conduct. They set out the standards that members of that profession are expected to meet when they do their job, for example how to treat clients, keep records, handle complaints or give every customer equal access to a service.

Not the same as law

Professional guidelines are not enforceable by law unless a licence to practise is involved. If someone needs a licence to do the job, breaking the guidelines can lead to that licence being revoked. This stops the person working in the profession until the licence is restored.

For example, a trade association for heating engineers publishes guidelines on how members should record the safety checks they carry out when servicing a boiler. A member who signs off the work without doing the checks could have their registration withdrawn, which stops them servicing gas appliances until it is restored.

Reputation

For an organisation, not following professional guidelines risks its reputation. Clients and other businesses expect professionals to keep to the agreed standards. If a company is seen to ignore them, customers may take their business elsewhere, contracts may be lost and good staff may leave. Where no licence is involved there is no fine or prosecution under the guidelines themselves: the damage is to trust. A company that ignores guidelines on equal access, for instance, can lose customers who feel shut out, even though it has broken no law.

Accepted standards are agreed ways of doing things that have built up over time because people have found they give good results. They are often called best practice. No single law or organisation creates them: they grow from experience and are reshaped as technology changes. For example, IT teams have learned to test new software on the browsers and devices their staff actually use before rolling it out, rather than assuming it will work everywhere.

Because technology moves on, accepted standards are reviewed and updated regularly. Organisations are expected to follow the current version rather than an old one, and checking for updates is part of keeping a service working well. They are not enforceable by law in themselves: an organisation cannot be fined or prosecuted simply for ignoring one. The consequences are practical instead. A service that breaks an accepted standard may not work for some users, customers may complain, and the organisation's reputation can suffer. A standard can still be written into a contract or into an organisation's own policies, which makes it binding in practice for that organisation.

To tell standards apart, ask what backs them up. Law is enforceable and breaking it can lead to penalties such as fines. An accepted standard rests on agreement and expectation, so ignoring it usually costs an organisation trust and customers rather than leading to a court case. WCAG is a well-known accepted standard covering web accessibility.

WCAG (Web Content Accessibility Guidelines) is an accepted standard: a set of recommendations for making web content easier to access. It is aimed mainly at the people who build web pages, so that users with disabilities who rely on assistive technologies such as screen readers, magnifiers, captions and keyboard-only input can use their content. Following it also improves the experience for everyone, on all kinds of devices: clear headings, large targets and a simple layout are easier to use on a phone or when you are in a hurry.

For example, a leisure centre publishes its swimming timetable online. If the page follows WCAG, someone using a screen reader can hear the times in a sensible order, and someone who cannot use a mouse can still move through the page. A visitor reading the timetable on a phone in bright sunlight also benefits from strong contrast and clear headings.

WCAG is not a law. An organisation cannot be prosecuted simply for breaking it, although it may be written into contracts or into the organisation's own policies. That makes WCAG an accepted standard rather than legislation.

WCAG is versioned. Version 2.1 includes everything in version 2.0 and adds new content. One addition is a guideline for input modalities under the Operable principle: anything a user does with a complex touchscreen gesture, such as a pinch or a swipe, should also be possible with a simple tap or click, so people using assistive technologies get an equivalent experience. Version 2.1 does not replace 2.0; it contains 2.0 and builds on it.

WCAG (Web Content Accessibility Guidelines) is organised around four principles: perceivable, operable, understandable and robust. Each principle has guidelines describing what accessible web content should do, and a site needs to meet all four, not just one.

PrincipleWhat it meansGuidelines in practice
PerceivableUsers must be able to receive the information.Provide alternatives for time-based media, such as captions on a recording of a school concert; present content in different ways without losing information or structure; separate foreground from background so text is easy to see and hear.
OperableUsers must be able to interact with the interface in a meaningful way.Make all functionality available from a keyboard; give users enough time to read and use content; avoid content known to cause seizures, such as flashing images; help users navigate, find content and work out where they are.
UnderstandableThe information and the operation of the interface must be understandable.Use text that is readable and understandable; make pages appear and operate in predictable ways; help users avoid mistakes and correct them.
RobustContent must keep working across a range of devices and with the assistive technology people use to access it.Build pages so they keep working with current and future user agents, including browsers and assistive technology.

For example, a school library search page is perceivable if its labels stand out clearly from the background, operable if the search box and buttons can be used with Tab and Enter, understandable if the instructions are clear and any mistakes are explained, and robust if it still works with a screen reader on a tablet. The principles work together: a page that is easy to see but impossible to use without a mouse is not accessible.

Alt text (alternative text) is a short written description attached to an image on a web page. You do not usually see it on the page: a screen reader reads it aloud in place of the image, and a browser displays it if the image fails to load.

Good alt text gives the purpose of the image in that place, not a list of every detail. On a school sports page, a photo of the winning relay team could have the alt text "Year 8 relay team holding the district trophy after the final". Someone who cannot see the photo still knows what it adds to the report. For a chart, "Bar chart: Year 9 earned the most house points in March" is more useful than "a chart". A screen reader already announces that the item is an image, so there is no need to begin with "Image of".

Some images are only decoration, such as a patterned strip beside a heading. These can be given empty alt text (alt="") so a screen reader skips them instead of announcing an image that carries no information. A complex diagram, such as the steps in the water cycle, may need a longer description in the surrounding text, because every label crammed into the alt text is hard to listen to.

Why it matters

A screen reader cannot work out what a picture shows. Without alt text, a blind or low-vision user may hear only "image" and miss the information completely. Alt text also helps any user whose images fail to load, because the description appears in place of the picture. In WCAG (Web Content Accessibility Guidelines), providing text alternatives for non-text content is a guideline under the Perceivable principle: users must be able to receive the content, whatever form it starts in.

Not every user can type or click a mouse, so websites and online forms need alternative input methods. Two common ones are keyboard accessibility and voice data entry.

Keyboard accessibility

Keyboard accessibility means every task on a site or form can be completed using only a keyboard. Tab moves between fields and buttons, Enter follows a link or presses a button, and Space ticks a checkbox. Focus should follow the visual order of the page, so tabbing moves down the screen in the order you would read it, and no task should depend on a mouse-only action such as dragging an item into a box.

This matters for someone with a motor disability, a tremor or a long-term injury such as repetitive strain injury, because holding and steering a mouse can be painful or impossible. It also covers switch devices, which send the same key presses as a keyboard. These features help everyone: many users tab through a form simply because it is quicker than reaching for the mouse.

For example, a library's online reservation form lets you tab to the book title, then the pickup date, then the reserve button, so a borrower who cannot use a mouse still reserves a book in under a minute.

Voice data entry

Voice data entry lets a user dictate information into a form instead of typing it. The device or browser converts the speech to text and puts it into the field, and the user checks the result on screen. Someone who cannot type easily because of a motor disability, or who finds spelling difficult because of dyslexia, can speak their name, address and date of birth instead of hunting for keys.

For example, a college application form accepts a spoken name and date of birth, so an applicant with dyspraxia, who finds small keys hard to hit accurately, can complete it without typing every field.

Where keyboard access sits in WCAG

The keyboard requirement is a guideline under the Operable principle of WCAG (Web Content Accessibility Guidelines): all functionality must be available from a keyboard. A site that meets it does not shut out users who cannot hold or steer a mouse.