We paid an agency, their work fails WCAG 2.1 AA accessibility standards, what can we do?

Imagine you’ve paid electricians to rewire a house. They get paid thousands of pounds. However, once the work is inspected it’s discovered it does not meet UK safety standards. You ask them to fix the work, they say “you didn’t tell us it has to meet standards.”

When asked to resolve the issues they say will cost more. You are forced to hire another company to re-do or improve the work.

This is a real-world situation I’ve seen, an agency is hired to deliver work that meets WCAG 2.1 AA standards. Only their work fails very short.

What can you do?

Review the contract

Carefully review the terms and conditions of the agreement or contract you have with the company.

• Does the wording mention WCAG 2.1 AA?
• Does it mention a 3rd party independent accessibility audit?
• Does it mention how work is remediated and who does this work?

Request a 3rd party independent accessibility audit

Request an audit to highlight specific ways in which the delivered work falls short of the agreed standards. This documentation will be crucial in any discussions or negotiations that follow.

Communicate

Reach out to the company promptly and communicate your concerns in a direct and professional manner. Use written communication so that you have a record of your correspondence.

Set expectations

Clearly state what aspects of the work do not meet the agreed standards and specify your expectations for resolution. Be explicit about what needs to be corrected or improved.

Request resolution

Request that the company rectifies the WCAG issues within a reasonable timeframe. Be specific about any deadlines or milestones for the corrections.

Call a meeting

If necessary, schedule a meeting or conference call to discuss the issues in more detail. This can provide an opportunity for both parties to express their concerns and work towards a resolution.

Negotiate solutions

Be open to negotiation on how the issues can be resolved. This might involve additional work, corrections, or a partial refund, depending on the nature and severity of the failures. How long might the bugs take to resolve? Years? Multiple years?

Document agreements

If the company agrees to make corrections or provides any concessions, ensure that these agreements are documented in writing. This can serve as a record in case further action is needed.

Escalate

If the company is unresponsive or unwilling to address the issues, consider escalating the matter. This might involve contacting a higher authority within the company, involving a mediator, or seeking legal advice, depending on the severity of the situation.

Take legal action

If the discrepancies are significant and cannot be resolved through negotiation, take legal advice to explore your options. This might include filing a formal complaint, seeking arbitration, or pursuing legal action.

Publicly address the issue

If the company is unresponsive or unwilling to address the issues, consider taking the matter public. Share the experience through appropriate channels to bring attention to the situation. Consider publicly naming company and owner.

Learn for the Future

Accept that you’ve been scammed and lost significant money. You’ve paid a company that couldn’t do the job and now there’s a lot of rework. Take this experience as an opportunity to improve your contract negotiation and procurement processes. Consider implementing stricter quality control measures in future agreements so that deliverables meet accessibility standards.