Contents

What are your rights?
How to request printed information in an accessible format
What to do about inaccessible websites and online documents
What to do about inaccessible buildings and services
How to make a complaint
How will your complaint be dealt with?
What to do if you are not satisfied with the outcome of your complaint
What to do if you are not satisfied with the Ombudsman’s decision or actions
Making a claim of discrimination to the Equality Tribunal
What the law says

What are your rights?

If you are a person who is blind or vision impaired, a public body must meet the following obligations under the Disability Act 2005:

• Ensure that its buildings are accessible to you;
• Ensure that you can access its services at the same point and the same time as everyone else, and provide you with assistance where necessary;
• Allow you to request printed information in a format that is accessible to you, for example a college prospectus or government publication in large print, Braille or audio;
• Ensure that its websites, emails and online services are accessible to you using your assistive technology.

If these obligations are not met, you can make a complaint If the outcome of your complaint is unsatisfactory, you can go to the Ombudsman.

The Equal Status Acts 2000-2004 also prohibit discrimination in the provision of goods and services and apply to private organisations and individuals as well as public bodies. You can make a claim of discrimination to the Equality Tribunal.

For a full explanation of your rights under the law, see our section on what the law says

How to request printed information in an accessible format

To request printed information in an alternative format such as Braille, large print or audio, you should contact the Access Officer of the public body that has published the information. To help you, we have compiled a list of contact details of access officers for government departments, local councils and other state agencies. Address your request to ‘The Access Officer’. You can contact them by written letter, email or phone. But bear in mind that having written records of your communications may be useful later if you don’t get what you ask for and need to make a complaint.

Here is some suggested text for your request. You can copy and expand on this as you require.

[Beginning of suggested text]

As a person who has a vision impairment, I am unable to read your printed publication [insert publication title or identifying information]. I would therefore like to request a copy in Braille / large print / audio CD / digital audio [delete as required] format, as is my right under the Disability Act 2005. Please send this to me at the following address: [insert your postal and/or email address, depending on what format you are requesting]. If you are unsure about how to produce a document in this format, you could contact NCBI – Working for People With Sight Loss for advice.
Thank you for your assistance,

[End of suggested text]

We have also created a template request letter in MS Word format, which you can use if you prefer.

The Ombudsman’s website explains which public bodies are covered by the Disability Act. If the information provider is not a public body, you can still make a claim of discrimination to the Equality Tribunal under the Equal Status Act.

What can you ask for?

For examples of the kinds of things that can be produced in accessible formats, see our list of recent publications that NCBI has helped public bodies make accessible

Some publications that you may be interested in requesting are:

• Social Welfare and Pensions Act 2009
• Public Transport Regulations Act 2009
• National Asset Management Agency Act 2009
• Twenty Eighth Amendment of the Constitution (Treaty of Lisbon Act) 2009
• European Union Act 2009

You can request a copy of these Acts in the format that you require from Michael O’Brien, Access Officer in the Houses of the Oireachtas, Tel: 01 618 4814.

The Disability Act 2005 requires six government departments to produce sectoral plans outlining a programme of action to be taken by the department that will ensure that its information, services and buildings are accessible to people with disabilities. These departments are:

1. Department of Transport
2. Department of Social and Family Affairs
3. Department of Health and Children
4. Department of Communications, Energy and Natural Resources
5. Department of Jobs, Enterprise and Innovation
6. Department of Environment, Community and Local Government.

The six sectoral plans were initially produced in 2006. They are now being revised. You might be interested in requesting the progress reports of the revised sectoral plans in the format you require from each department’s Access Officer.

You might also be interested in requesting information on:

• elections, for example political party manifestos;
• referendums, for example Lisbon Treaty information;
• national emergencies; and
• pandemics, for example swine flu information.

If you have a successful outcome from following this advice, please tell us by emailing us at info@ncbi.ie

How will your request for information be dealt with?

You should receive the information in your requested format within a reasonable time period. What is ‘reasonable’ depends on the type of information and the format you are requesting. For example, it should be possible for the public body to provide large print or Braille versions of small documents or leaflets within a week. Audio versions or very large publications may take longer. If the information is required very quickly, such as an application form with a short deadline, then that will also affect what you could consider ‘reasonable’. It is reasonable to expect the public body to tell you how long it will be likely to take. As a maximum, you should be prepared to wait four weeks, unless the body indicates that this timeframe is simply not possible for them.

If you are not satisfied with the response to your request for information in an alternative format, you can make a complaint.

What to do about inaccessible websites and online documents

For public website content, emails and electronic documents you shouldn’t need to request them in an accessible format. Versions that are accessible to your assistive technology should be available anyway. If you are sure that they are not, you can move straight on to making a complaint under the Disability Act without first making a request. The Ombudsman’s website has an explanation of which public bodies are covered by the Disability Act. If the information provider is not a public body, you can still make a claim of discrimination to the Equality Tribunal under the Equal Status Act.

What to do about inaccessible buildings and services

If a public building or heritage site is inaccessible to you or if a service provided by a public body is not available to you at the same time and place as everyone else, you can make a complaint under the Disability Act. The Ombudsman’s website has an explanation of which public bodies are covered by the Disability Act. If it is not a public building or service, you can still make a claim of discrimination to the Equality Tribunal under the Equal Status Act.

To see how other people have successfully taken claims for discrimination, take a look at our case studies of Equality Tribunal rulings on inaccessible buildings and services.

How to make a complaint

If you have come across a public building, heritage site, service, website or electronic communication that is inaccessible to you, or if you have requested printed information in an accessible format and not received it, you can make a complaint to the public body under the Disability Act 2005. The Ombudsman’s website has an explanation of which public bodies are covered by the Disability Act.
Note that the law includes various restrictions. For example, buildings used only temporarily are exempt and alterations that have a significant adverse effect on the conservation status of a species or habitat or the integrity of a heritage site are not allowed. For full details, read sections 25 to 28 of the Disability Act.

Write or email the head of the public body concerned. You can complain on someone else’s behalf if you are their spouse, parent, relative, guardian, legal representative, acting in loco parentis or assigned personal advocate.

Your complaint should include the following information:

• Your name and correspondence address.
• That you have a vision impairment.
• That you wish to complain about a failure to comply with the Disability Act 2005.
• If it is about a building or heritage site, the name and address of the building or site and why you found it inaccessible.
• If it is about a heritage site, the name and location of the site, why you found it inaccessible and that you believe it could be made accessible without a significant adverse effect on the conservation status of a species or habitat or the integrity of the site.
• If it is about a service, the details of the service and why it was not accessible to you at the same time and place as it is to everyone else.
• If it is about information in an alternative format, the full details of your previous request and why you are not satisfied with the response.
• If it is about an inaccessible ‘electronic communication’, how you received or accessed it, what assistive technology you use and what aspects of it are inaccessible to you. A useful resource to refer to is Contacting Organizations about Inaccessible Websites from the Web Accessibility Initiative. You can also suggest that they contact NCBI’s Centre for Inclusive Technology (cfit@ncbi.ie) for advice.

If you wish, you may also request a copy of the body’s procedures for investigating complaints. All public bodies are required by law to publish these. But bear in mind that if you require these in an accessible format that is not currently available, this may complicate and delay your complaint.

How will your complaint be dealt with?

The head of the public body will refer the matter to a member of his or her staff, who will act in the role of ‘inquiry officer’. If the inquiry officer decides your complaint is ‘frivolous or vexatious’ you will be told and no further action will be taken. Otherwise, he or she will investigate the complaint, write a report and send you a copy. The report will detail the inquiry officer’s findings and state whether the public body admits to a failure to comply with the Disability Act. If so, the report will describe the steps that will be taken by the public body to comply.

Note that the wording of the Disability Act limits the body’s obligations through phrases like ‘as far as practicable’ and ‘where practical and appropriate’, so the body may state that it is not practical for them to serve your needs.

What to do if you are not satisfied with the outcome of your complaint

If you fail to resolve your complaint with the public body directly, you can ask the Ombudsman to investigate the matter.

You can contact the Ombudsman by letter, email, phone, fax, or by filling in a form on the Ombudsman’s website. Someone else may do this on your behalf if you give them permission. Contact details are as follows:

Address:
The Office of the Ombudsman,
18 Lower Leeson Street,
Dublin 2.

Email: ombudsman@ombudsman.gov.ie
LoCall 1890 22 30 30
Fax: 01 639 5674
Website: www.ombudsman.ie

The Ombudsman’s website gives a full explanation of how to make a complaint and what the Ombudsman will do.

If the Ombudsman judges that there has been a failure to comply and it has adversely affected you, she may recommend that the matter be further considered or remedial measures taken within a specified time.

What to do if you are not satisfied with the Ombudsman’s decision or actions

If the Ombudsman doesn’t resolve things to your satisfaction, you can consider making a claim of discrimination to the Equality Tribunal under the Equal Status Act. Or you could contact NCBI, who will give the matter careful consideration and decide whether there is anything further that we can do to assist you.

For matters concerning the accessibility of buildings or services, contact:

Fiona Kelty
Access and Awareness Coordinator,
NCBI,
Whitworth Road,
Drumcondra,
Dublin 9.
Email: fiona.kelty@ncbi.ie
LoCall 1850 33 43 53

For matters concerning the availability of printed information in an alternative format, contact:

Lina Kouzi
Library and Media Services Manager,
NCBI,
Unit 29,
Finglas Business Centre,
Jamestown Road,
Finglas,
Dublin 11.
Email: lina.kouzi@ncbi.ie
Phone: 01 864 2266

For matters concerning access to ‘electronic communications’, including websites, contact:

Mark Magennis
Director, Centre for Inclusive Technology (CFIT),
NCBI,
Whitworth Road,
Drumcondra,
Dublin 9.
Email: mark.magennis@ncbi.ie
Phone: 01 882 1956

Making a claim of discrimination to the Equality Tribunal

If you feel you have been discriminated against in the provision of goods or services by an individual or organisation not covered by the Disability Act, or if the Ombudsman has failed to resolve your complaint against a public body, you can make a claim to the Equality Tribunal under the Equal Status Acts 2002-2004. You must first notify the person against whom the claim is being made, in writing, within two months of the date of the most recent occurrence of the discrimination.

The Equality Authority’s website contains a guide to the Equal Status Act, including a clear explanation of the steps for making a claim, as does the Equality Tribunal’s website

What the law says

The Disability Act 2005

Public bodies now have a legal obligation under the Disability Act to provide equal access to buildings, services, information and heritage sites ‘as far as practicable’. The relevant provisions are contained within Sections 25, 26, 27 and 28 of the Act. The procedure for complaining to a public body for failing to comply and the steps the public body must take in response are set out in Section 38.

The National Disability Authority (NDA) has prepared a Code of Practice on Accessibility of Public Services and Information Provided by Public Bodies in relation to sections 26, 27 and 28 of the Disability Act. It is available from the NDA website. This is a legally binding statutory obligation. Among other things, the code of practice states:

Concerning Section 26 (1)(a) Integrated access to services: In practical terms, this means that people with disabilities can avail of a service provided by a public body at the same point of access or location, at the same time as everyone else, where practicable and appropriate.

Concerning 27 Accessibility of services provided to a public body: A public body can achieve this by taking care that, in all public procurement exercises, accessibility is a criterion to be considered throughout the entire tendering process, from drawing up and running tender competitions through tender evaluation and placing the contract to conclusion of procedures and review.

Concerning Section 28 (1)(b) Written information and communications provided to the public in an accessible format: A public body can achieve this by exploring the range of formats that can be employed for individuals with visual impairments, establishing procedures for sourcing or providing accessible formats and establishing procedures for processing requests for accessible formats.

Concerning Section 28 (2) Communicating with the public through an electronic format accessible to a person with a visual impairment availing of adaptive technology: A public body can achieve this by establishing what is entailed in making electronic communications accessible, understanding the needs of those using adaptive technology and reviewing existing practices against The Web Content Accessibility Guidelines (WCAG) AA.

The Equal status Acts 2000–2004

The Equal Status Acts prohibit discrimination on nine grounds, including disability, in the provision of goods and services, including access to and use of services to the public, whether for free or whether the goods are charged for.

They set out the obligations on service providers to accommodate the needs of people with disabilities through making reasonable changes in what they do and how they do it within a ‘nominal cost’.