Accessible formats for local transport plans and annual progress reports

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Purpose of guidance

1. This guidance is issued to local transport authorities under section 112 of the Transport Act 2000. It sets out what authorities are expected to have regard to in preparing a Local Transport Plan (LTP) in an accessible format. It also applies to the preparation of an LTP Annual Progress Report (APR).

Background

2. During the passage of the Transport Act 2000 the Government gave a commitment to provide guidance to authorities on preparing LTPs in formats that were accessible for disabled people. This guidance meets that undertaking. In developing it we have also considered what guidance might be reasonable in respect of people from different ethnic communities.

3. It is issued to authorities under section 112 of the Transport Act 2000, which requires authorities to have regard to guidance issued by the Secretary of State concerning the preparation, publication and content of LTPs. It also applies to the preparation, publication and content of APRs. This guidance supplements existing guidance on preparing LTPs and APRs 1 .

Introduction

4. As a matter of good practice, all authorities should ensure that information about their policies and plans is accessible to all groups in society - regardless of their disability or ethnic background.

5. Given the strategic nature of LTPs, and the key role that they can play in helping to improve quality of life, for example through measures to enhance access and mobility, it is particularly important that authorities should ensure that their LTPs and APRs are accessible to the widest possible audience.

6. Some authorities already make some local transport publications available in accessible formats 2 and translate documents into different community languages where appropriate. This guidance aims to ensure that a more consistent approach is taken in respect of LTPs and APRs. Authorities should carry out the necessary preparation allowing such documents to be produced within a reasonable timescale in response to requests from their communities. Authorities must exercise their judgement in deciding whether to produce documents in accessible formats in advance of requests being made. They should take into account their knowledge of the local community's needs (see paragraph 16 below), and take the most cost-effective approach to meeting those needs. Authorities should be aware that where the information being requested is part of a consultation exercise, any delay in providing documents in accessible formats would require an extended consultation period and this may result in additional costs.

Disability Discrimination Act 1995 (DDA)

7. In providing their services, authorities must comply with Part III of the Disability Discrimination Act 1995 (DDA). This part of the Act, which applies to any organisation (or person) that provides goods, facilities or services to the public, makes it unlawful to discriminate against disabled people by refusing them a service, providing a service on worse terms, or providing a lower standard of service without justification.

8. The Act also requires service providers to make reasonable adjustments to the way they provide their goods, facilities and services if they would otherwise be impossible or unreasonably difficult for disabled people to access. Service providers who fail, without justification, to do so could risk legal challenge from individuals who may be supported by disability organisations or the Disability Rights Commission (DRC) 3 . This guidance is not intended to comment on what constitutes a 'reasonable adjustment' in respect of LTPs or APRs.

9. It is not always clear whether information provided to the public constitutes a service. In general, a book is considered to be a manufactured product, rather than a service to the public, and hence is not covered by the DDA. However, publication of a leaflet describing an organisation's services, or giving advice to the public on a particular issue, might be considered to be a service to the public, and so might be covered by Part III of the DDA. In the absence of specific case law on this issue, it is unclear whether the provision of an LTP or an APR is in fact a "service" within the meaning of the DDA.

10. Until cases of alleged discrimination have been taken through the courts, it is difficult to predict what will, or will not, be considered reasonable under Part III - or indeed whether the provisions of an LTP or APR are covered by Part III. Local authorities may wish to seek legal advice on how the duties in Part III apply to the way that they publish LTPs and APRs and other literature, and what constitutes a 'reasonable adjustment'. The Code of Practice on the duties under Part III also provides guidance on how to comply with the duties 4 .

11. As a matter of good practice, and irrespective of whether the duties in Part III apply, authorities should always adopt a positive approach to providing publications in an accessible format to ensure that the information is available to as wide an audience as possible.

"Let's make it accessible" guidance

12. In February 2001 the Cabinet Office and the then Department for Education and Employment published guidance entitled "Let's make it accessible". Although it was written for officers in Central Government Departments, its key messages are relevant for local authorities and other public sector organisations that provide information to the public. It can be accessed at the following website address:
http://www.imagesofdisability.gov.uk/resources/meetneeds.asp

13. The booklet sets out the general principles on accessibility of information. It also:

  • acknowledges the impact and scope of the disability discrimination legislation and recognises that its impact may be subject to future court rulings;
  • identifies the importance of developing, and sticking to, a 4-point accessibility strategy 5 ; and
  • contains a checklist of good practice.

14. It is also very relevant to the preparation and production of LTPs and APRs because it has implications for consulting the public and publishing and distributing documents. Taking account of the general messages contained in the booklet, the following paragraphs explore in more detail what authorities should have regard to in preparing LTPs and APRs in accessible formats.

Arrangements for consulting the public on LTPs or APRs

15. As the Guidance on Full Local Transport Plans explains, the Government attaches a high priority to effective public involvement in local transport policy. Authorities are expected to consult the public, including disabled people, on various transport matters. For example, these might include determining local transport needs and priorities in advance of second round LTPs (covering 2006/07 to 2010/11), and seeking views on the implementation of the authorities' transport strategy as a whole, or in respect of individual transport schemes. In such circumstances, authorities should:

  • anticipate the needs of the audience. Authorities may consider seeking advice from various local disability groups about how to reach specific audiences, such as people with a visual impairment or people with a learning or other disability. Equally authorities may consider seeking advice about whether to translate literature into community languages to make it more accessible to people from different ethnic communities. This will be particularly important where issues of accessibility and mobility are being considered, such as the preparation of a transport disability strategy or the development of measures to promote social inclusion;
  • consider how best to consult the public. For example, depending on circumstances, authorities may consider issuing a consultation document in braille, large print, or audio cassette format. In certain circumstances a face-to-face meeting between a council official and a member of the public or a representative group might be appropriate. Authorities should consider translating consultation documents into community languages to make them more accessible for people from different ethnic communities if this is appropriate. It is important that authorities should establish these arrangements well in advance of public consultation, in order to allow sufficient time for consultation;
  • consider giving disability awareness training to staff who will be dealing with members of the public on the consultation arrangements (see paragraph 22 for details);
  • with the help of local disability groups, widely publicise the availability of consultation documents in accessible formats (and/or other forms of consultation such as focus groups). In order to reach people from different ethnic communities, authorities may wish to discuss the feasibility of translating documents into different community languages with the help of local ethnic community groups.

Publishing LTPs or APRs

16. When considering how to develop arrangements for publishing and distributing future LTPs or APRs, authorities should:

  • consult the audience, or representative groups, about their needs well in advance of publication to ensure, where there is a need for them, that alternative formats are available when standard printed copies are published (see paragraphs 6 and 15 above);
  • be flexible and helpful when considering requests for publications to be made available in accessible formats. The booklet "Let's make it accessible" contains case studies and examples of good practice to illustrate the variety of demand and how different public sector information providers have chosen to meet the diverse needs of disabled people;
  • include textphone and Text Direct numbers for people who are deaf or hard of hearing who are interested in local transport matters and wish to access further information from the authority;
  • provide a website address where local transport documents can be accessed, taking care to ensure that the site is accessible to disabled people. Advice about making websites accessible can be found at the Web Accessibility Initiative website, www.w3.org/wai. It may also be appropriate to provide an email address to enable disabled people, as well as others, to respond electronically. These addresses should be advertised in suitable publications;
  • inform the public if there is likely to be a delay in providing documents in suitable formats/ languages.

17. Authorities may be asked by the public to provide information about their first full LTPs or their APRs in an accessible format. In considering such requests, authorities should be as flexible and helpful as possible.

Taking this guidance forward

18. Authorities are expected to take account of this guidance in consulting on, publishing, and considering requests from the public for information on, their LTPs or APRs.

19. Authorities should start planning early. In line with the "Let's make it accessible" guidance, authorities should:

  • draw up a strategy for dealing with the production of information in accessible formats to help meet the needs of disabled people (see pages 16-19 of the "Let's make it accessible" guidance) allowing sufficient time to make available information in accessible formats;
  • anticipate the needs of the audience;
  • consider which accessible format might be requested for LTPs and APRs (or parts of them), and consider making arrangements for publicising the availability of information in accessible formats;
  • budget for the production of information in accessible formats or for the translation and production of publications in community languages at the start of the relevant financial year. Authorities will need to make provision within their existing budgets for such expenditure 6 ;
  • be prepared to extend the consultation period for disabled people if information in an accessible format is likely to be delayed;
  • provide a website address where relevant documents can be accessed, and an email address where further information can be sought;
  • provide textphone and Text Direct number for people with hearing difficulties. Authorities will need to make provision within their existing budgets for such equipment, training and any additional staffing required to operate them;
  • consider giving disability awareness training to staff who may be dealing with members of the public (see paragraph 22 for details).

Sharing experiences

20. We expect that authorities may want to share experiences in producing information in accessible formats, and in consulting disabled people and people from ethnic communities. As a first step, authorities may wish to consider publicising any good practice through "IDeA Knowledge" the on-line information facility where best practice can be stored and exchanged. The website address is: www.idea.gov.uk

Reporting on accessibility

21. We have invited authorities to report in their APRs on their arrangements for producing information on local transport issues in accessible formats.

Further guidance

22. We will be considering whether more specific guidance on accessible formats is needed as part of any guidance that we issue to authorities regarding the preparation of second round LTPs. We would be interested in the views of authorities and disabled people on whether further guidance is needed.

Further information

23. Any queries regarding this guidance should be addressed to: Jennifer Sewell, Local Transport Policy Division, Zone 3/14, Great Minster House, 76 Marsham Street, London SW1P 4DR.

E-mail: jennifer.sewell@dft.gsi.gov.uk

24. For information about the DDA and the Disability Rights Commission contact: DRC Helpline: 08457 622 633 (phone), 08457 622 644 (textphone), FREEPOST MID02164, Stratford-upon-Avon, CV37 9BR,

Web site address: www.drc-gb.org

25. Disability awareness training and disability equality training can be obtained from a large number of organisations, including the following:

RNIB, 224 Great Portland Street, London, W1N 5AA Telephone: 0845 7669999,

Email: cservices@rnib.org.uk www.rnib.org.uk/

RNID, 19-23 Featherstone Street, London, EC1Y 8SL Telephone: 0808 808 0123,

Email: informationline@rnid.org.uk

Web site address: www.rnid.org.uk/

RADAR, 12 City Forum, 250 City Road, London, EC1V 8AF Telephone: 020 7250 3222, radar@radar.org.uk

Web site address: www.radar.org.uk

SCOPE, 6 Market Road, London, N7 9PW Telephone: 0808 800 3333,
cphelpline@scope.org.uk

Web site address: www.scope.org.uk

Disability Matters, The Old Dairy, Tiebridge Farm, North Houghton, Stockbridge, Hampshire, SO20 6LQ Telephone: 01264 811120,

Email: disabilitymatters@compuserve.com

Web site address: www.disabilitymatters.com

Churchill and Friend, Weltech Centre Trust, Ridgeway, Welwyn Garden City, Hertfordshire, AL7 2AA Telephone: 01707 324466

26. Advice about making information accessible to people with learning disabilities is available from:

People First, Office 2 Canalside, Ladbroke Grove, London W10 5AA

Email: general@peoplefirst.k-web.co.uk

The Arts for Access Team, CHANGE, First Floor, 69-85 Old Street, London, EC1V 9HY Telephone: 0207 490 2668,

Email: contact@changeuk.demon.co.uk

27. Guidelines on effective communication and consultation with disabled people, "Getting It Right: Including Disabled People in Communication and Consultation", can be obtained from the Local Authorities Research and Intelligence Association (LARIA):

Web site address: www.laria.gov.uk/public_f.htm

28. This guidance can be supplied in a larger print size, in braille, or on audio cassette, if required. Please contact Jennifer Sewell, whose address is shown in paragraph 23 above.

 Michael Faulkner

Jane Wilmot

Head of Local Transport Policy Division

Chair, Disabled Persons Department for Transport Transport Advisory Committee (DPTAC)

1 Guidance on Full Local Transport Plans, DETR, March 2000; Guidance on LTP Annual Progress Reports, DETR, April 2001; and Guidance on LTP Annual Progress Reports Second Edition, DTLR, May 2002. All are available at www.dft.gov.uk.

2 See Annual Progress Reports Good Practice Guidance, DfT, June 2002 which is available at www.dft.gov.uk.

3 The Disability Rights Commission has been established to work towards the elimination of discrimination against disabled people, to promote the equalisation of opportunities for disabled people with those of non-disabled people, and to promote good practice.

4 Code of Practice - Rights of Access - Goods, Facilities, Services and Premises (published by The Stationery Office (1999) ISBN 0-11-271055-7. £12.95) gives practical guidance on how to avoid discrimination against disabled people in accessing services (or premises).

5 The 4-point accessibility strategy relates to developing a strategy, implementing it, monitoring progress, and taking corrective action in the light of any problems that arise.

6 Section 109 (4) (c) of the Transport Act 2000 places a requirement on a local transport authority to supply a copy of the local transport plan to any person on request, either free of charge or at a charge representing no more than the cost of providing the copy. Disabled people should not, as a matter of good practice, be expected to pay more for an alternative format of an LTP or APR, than for a standard copy. If the provision of an alternative format copy is regarded as a 'reasonable adjustment', then it would be unlawful to charge extra for that copy.