Hi Damon, Well it was really quite easy. I called the DRC to tell them of the problem, and the process has been largely managed by the DRC's conciliation unit. I think the DRC have to recognise that there's a legitimate dispute in the first place, and the parties have to agree to conciliation. It's less formal than the full legal process, but should be just as effective. There's an extract from some guidance below which may prove helpful. I'd recommend the process to anyone who's having a legitimate dispute with a service provider. Do come back if you want to ask anything else. FACT SHEET A GUIDE TO CONCILIATION The DRC (Disability Rights Commission) always refers cases to Conciliation with the agreement of all the parties involved. Conciliation is a part of the legal framework of the DDA (Disability Discrimination Act), but it is a voluntary process. This means that you can withdraw from conciliation at any time. Whilst Conciliation is informal, it is subject to a clear structure, helping parties work towards a solution to their dispute. Typical issues to be discussed might be changes to an organisation's policy or practice, staff disability equality training, an apology or compensation. Cases are either passed to a conciliator directly, or (for complex cases) a case co-ordinator may be involved. The case co-coordinator will act as the facilitator up to the conciliation meeting, at which point the conciliator will take over. Conciliators and case co-ordinators will explain the process and their roles, and they help put together an agenda for the meeting. The agenda will be passed to the parties for preparation well before the meeting. Please note that conciliators and case co-ordinators are not able to give legal advice or make recommendations, but they may be able to discuss options with you. Conciliation meetings usually take place at a neutral venue and last between two and four hours. Any reasonable adjustments needed for the meeting will be arranged. The conciliator manages the process, making sure that everybody has their say and has their view properly heard by the other party. The conciliator keeps the focus on the agenda and the framework of the DDA. It is up to the parties to work towards and agree an acceptable outcome. At the end of the meeting a form will be written up and signed, recording the agreed outcome. There are two possible outcomes: "Full and Final Settlement" or "No Settlement", depending on whether parties have found an acceptable solution to the dispute. "Full and Final Settlements" are reached in 75% of cases. Please note that signing a "Full and Final Settlement" means, that the Complainant will no longer be able to take the case to court. There are case studies of conciliation on the DRC and DCS websites: <http://www.DRC-gb.org> www.DRC-gb.org and <http://www.dcs-gb.org/> www.dcs-gb.org.
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- From: "Damon" <damon.rose@xxxxxxxxxxxxxx>
- To: <access-uk@xxxxxxxxxxxxx>
- Date: Tue, 12 Jun 2007 12:16:02 +0100
richard, it would be really useful if you could post up a potted version of how you went about using the DDA against Sainsbury in order to help other people. I'd love to know how difficult it is to take legal proceedings against a website. Who is paying? Are you? How much is it? And if you've gone to conciliation, does that mean you bypassed the legal processes, cut out costs yet the company is still taking note? If I set up a an 'Access UK Proactive' list for people interested in not only just talking about Access to products and services but also for those who want to join together in affecting change collectively, would anyone join? I'm thinking about email campaigns etc. Using official complaint channels en masse. And perhaps going beyond the official channels if they don't seem to work? ...Damon ----- Original Message ----- From: Richard Godfrey-McKay <mailto:richard@xxxxxxxxxxxxxxxxxxx> To: access-uk@xxxxxxxxxxxxx Sent: Monday, June 11, 2007 9:54 PM Subject: [access-uk] SAINSBURY'S SECURE CREDIT CARD AND DRC CONCILIATION Hi, Following a failed attempt to use my Sainsbury's credit card on the net last January, and following an admission from Sainsbury's that the security features used were not accessible, I'm off to conciliation on 6th July. Sainsbury's say that they've now altered the site and I tried it yesterday. I think it probably does now work, although one screen appears to open in a new window without telling me that it had done this. Has anyone else had experience of using Sainsbury's secure recently? I'm shortly to encounter Halifax Secure, and would be interested to know whether this, and indeed other services run by financial service providers have been inaccessible for the same reason as the Sainsbury's site, and may now be fixed. I gather that providers often use the same security programmes. Any help welcomed. Please read this special message My partner, Cindy, is trying to lose weight and at the same time, raise money for our favourite charity - RNIB. Please go to <http://www.justgiving.com/slimmercindy> www.justgiving.com/slimmercindy to make a generous donation to RNIB and keep her motivated to lose weight and keep her healthy. Thank you so much for reading this message. Richard Godfrey-McKay Telephone: 01656-657516 Mobile: 07791-452593 __________ NOD32 2324 (20070612) Information __________ This message was checked by NOD32 antivirus system. http://www.eset.com
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