How is the term ‘disabled people’ defined and why does it matter?

As a website designer or an organisation commissioning a website you need to know how the term ‘disabled people’ is defined for the following reasons:

It will have an impact on the approach you take to making your website accessible.
As an organisation you will want to stay on the right side of the law when it comes to making your content and service accessible to ’disabled people’.
Ok, how is the term defined in law?

To paraphrase the UK equality legislation, the term, ’disabled people’ is defined not by the cognitive or physical impairment of the individual but by the physical (or virtual) environment they live in.

For example, if a wheelchair user turns up for a job interview to find that they can’t get in the building because there are steps up to the front door, that’s a problem. The legislation states that it is not the individuals mobility problem that makes them disabled it’s actually the lack of a ramp.

The design of the building and a lack of an alternative access route is preventing them from attending the interview. What needs changed here is not the person but the design of the building or the addition of an alternative way in.

In other words the individual is not expected to suddenly regain the power of their legs – their lack of mobility is not the issue. However, in this the lack of access to the building has put the individual at a disadvantage and that is against the law.

I understand how that works for buildings, what about websites?

The issues are exactly the same on the web. You can’t say that your website is not designed to be accessible to people who are blind or have Dyslexia or people with a hearing impairment.

If you said that you would be breaking the law; because you are implying that accessibility is due to a problem with the the person and not a problem with the website.

So in summary. If you are a website designer, this definition of ‘disabled people’ tells you that it’s your job to create a design that is flexible enough to accommodate the needs of individuals with different impairments.

If you are an organisation commissioning a website, you may be surprised to know that the accessibility of your website is not the responsibility of your website designer.

The UK legislation clearly states that the responsibility for ensuing your website is accessible lies with you, the owner of the site.

So for you the definition of the phrase ‘disabled people’ means you need to be absolutely clear when commissioning your website that it must be accessible to all users.

There are exceptions to this rule in that the any costs incurred and efforts you make are considered reasonable in relation to the resources you have as an organisation.

Jim Byrne

Digital Accessibility Consultant

Do you need your website to be accessible to disabled people? Do you need an accessibility audit of your existing website? I can help. Contact me. Tel: 07810 098 119

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