Government breaks equality law - again and again

Most people agree that various forms of engagement between government and citizens is central to a vibrant democracy and the creation of a fair and equal society.  The most common of these in Scotland takes the form of consultation papers published on the government's saltire flapping website.


Government has for a number of years funded an organisation, Scottish Accessible Information Forum, which has produced guidance, provided advice and support and offered training in how to make reports, papers and documents accessible to people who have particular needs if they are to be able to read what government proposes, say, to do about the failings of the NHS.  SAIF says on its web site:

SAIF works towards its aim by providing a range of tools such as publications, training, consultation and advice, to help public bodies and others improve the accessibility of their information.

Simples?  You would think so.  Government knows what it should do.  Has an organisation which it funds ready to show its staff how to do it.


Why then is it then that a random sampling of government's current consultation papers shows:

• The ‘Mental Health Strategy for Scotland 2011-15’ consultation paper uses justified margins both sides instead of using one of the most common recommendations that margins be justified left hand side only. The respondent form in the downloadable pdf of the paper from government’s web site is inaccessible in that it does not allow electronic completion.
• The ‘Patient Rights (Scotland) Act 2011 – consultation on secondary legislation’ paper uses different typefaces and sizes throughout, again in contravention of good practice for the creation of accessible communication. As with the Mental Health Strategy. The respondent form in the downloadable pdf of the paper is inaccessible, not allowing electronic completion.  
• The ‘Devolution of Community Care Grants and Crisis Loans: Consultation on Successor Arrangements’ paper uses different typefaces and different type sizes [at one stage using 11 point] and uses text layout where the margins are justified to both sides. In addition the respondent section is again inaccessible as described above.  
• The ‘Registration of Civil Partnerships Same Sex Marriage - A Consultation’ paper has a text layout throughout where the margins are justified both sides, again contrary to good practice in creating accessible communication. Once more the respondent form included as a part of the downloadable pdf version of the paper does not allow electronic completion, again a failure to meet good practice standards on creating accessible communication.

Government has no excuses. The standards for creating accessible communication in documents, reports and other papers has been around for some years now. Government has also had access to SAIF which provides detailed good practice and other forms of practical support to organisations which want to be accessible. The general duty for disability equality since 2006 has placed a legal requirement on government to identify and remove barriers to access.

Government knows it is breaking the law on an almost daily basis.

This random sample shows clearly that there is a systemic and cultural failure on the part of government to make and sustain simple changes which deliver measurable equality of access and opportunity for disabled people.  Government is breaking the law on disability equality on an almost daily basis.  Government knows it is breaking the law on an almost daily basis.