As well as my notes quoting the DRC’s legal bloke saying they would be getting more shirty and would/ could cite the PAS in court, here’s a couple of opinions from third party lawyer types:
Alex Newson, a UK lawyer at Freeth Cartwright, writes
- PAS 78 is the latest addition to the ‘best practice’ concept.
- Following best practice is the best way of complying with the DDA
- PAS 78 is not a technical standard like WAI, it’s about the process of making and maintaining accessible websites
- Following WAI Level 2 (at least) remains the ‘minimum’ website owners and designers should be looking to achieve
Struan Robertson, editor of outlaw.com (a Pinsent Masons site), comments:
The DRC‘s endorsement of PAS 78 is significant and it could be used in court to illustrate whether a business has complied with the Disability Discrimination Act. A failure to follow it could be damaging to an organisation’s case; but compliance would be evidence of steps being taken to fulfil the legal duty.