How Proactive Accessibility Could Have Prevented This £150 Penalty (And Future Million-Pound Fines)
A recent Financial Ombudsman Service ruling highlights why businesses can't afford to overlook neurodivergent accessibility - especially with the European Accessibility Act deadline just days away.
The Case That Could Have Been Prevented
This week, the Financial Ombudsman Service ordered a major bank to pay £150 to a neurodivergent customer after ruling that the lack of dark mode in their mobile app constituted an accessibility failure. The customer, known as "Mrs C," explained that she couldn't use phone services due to her disability and felt "as though she didn't matter" when the bank couldn't provide basic accessibility features.
The immediate outcome: £150 compensation, negative publicity, and a disappointed customer who felt excluded from essential banking services.
The bigger picture: This case demonstrates exactly why the European Accessibility Act (enforceable in just 15 days) will fundamentally change how businesses approach digital inclusion - and make these penalties look insignificant by comparison.
What This Case Teaches Us About Neurodivergent Accessibility
As someone with ADHD and autism who specialises in accessibility consulting, this ruling doesn't surprise me. Here's what many businesses still don't understand about neurodivergent accessibility:
Dark mode isn't just a "cool" feature. For many neurodivergent users:
It reduces visual distractions that can overwhelm ADHD brains
It minimises sensory overload for autistic users
It improves focus and cognitive processing
It's often the difference between being able to use an app or being completely excluded
The customer's emotional response - feeling "as though she didn't matter" - is unfortunately common. When businesses dismiss accessibility needs as "too expensive" or "edge cases," they're sending a clear message about who they value as customers.
How Proactive Accessibility Consulting Prevents These Situations
In my experience working with financial services and other businesses, situations like this are entirely preventable with the right approach. Here's what proactive accessibility planning typically involves:
1. Neurodivergent User Experience Audits
Rather than waiting for complaints, companies benefit from systematic reviews that identify potential barriers before they become problems. This includes:
Testing apps with neurodivergent users during development
Reviewing features through an ADHD/autism lens
Identifying sensory accessibility gaps
Assessing cognitive load and distraction factors
2. Accessible Design Integration
Industry best practices suggest building accessibility into the design process, not fitting it in later. This typically includes:
Dark mode as a standard feature consideration
Multiple interaction options (app, web, phone alternatives)
Clear visual hierarchy and distraction reduction
Sensory-friendly color and contrast options
3. Disability Communication Training
The ruling noted that the bank called a customer who couldn't speak on the phone - suggesting a gap in disability awareness training. Comprehensive accessibility programs usually include:
Disability etiquette and communication training
Understanding different accessibility needs
Multiple contact method provision
Empathetic customer service protocols
The Business Case: Prevention vs. Reaction
This case perfectly illustrates why proactive accessibility is a smart business investment, especially considering the approaching European Accessibility Act enforcement:
Proactive accessibility investment:
Comprehensive accessibility audit: £997
Neurodivergent-friendly design consultation: £1,997
Team training and awareness: £1,097
Total prevention cost: £4,091
Reactive approach costs:
Current: £150 penalty + negative publicity + customer dissatisfaction
Future under EAA: Up to 4% of annual turnover in fines
For major banks: Potentially millions annually from June 28th
Additional risks: Class action lawsuits, contract exclusions, ongoing penalties
The math is staggering: A £4,091 investment could prevent millions in annual penalties, plus the incalculable cost of excluding 15% of the population from your services.
Lessons for the European Accessibility Act Era
With the European Accessibility Act becoming enforceable on June 28th (again in just 15 days away), this case offers crucial insights:
1. Current penalties are just the beginning - EAA fines will make £150 look insignificant.
2. "It's too expensive" won't be an acceptable defence - especially when the alternative is potentially millions in annual penalties.
3. Emotional impact matters - accessibility isn't just about technical compliance, it's about making people feel valued and included.
4. Neurodivergent accessibility is gaining recognition as a legitimate business and legal requirement, not just a "cool thing to have."
5. Early cases set precedents - businesses that act now avoid becoming cautionary tales.
The Real Cost of Exclusion
Beyond regulatory penalties, this case highlights the broader business impact of inaccessible design:
Market exclusion:
15% of population is neurodivergent
Billions in spending power lost to competitors
Reduced customer loyalty and advocacy
Reputational damage:
Public ombudsman rulings
Social media amplification of accessibility failures
Disability community awareness and boycotts
Operational costs:
Increased complaint handling
Legal and administrative expenses
Emergency retrofitting costs
What Companies Should Do Now
Based on this case study and the approaching EAA deadline, businesses should consider:
Immediate actions (next 15 days):
Emergency accessibility audit focusing on critical barriers
Review customer complaint patterns for accessibility-related issues
Assess current digital products for neurodivergent accessibility gaps
Train customer service teams on disability communication
Strategic planning (post-EAA):
Integrate accessibility into product development processes
Develop comprehensive accessibility policies and procedures
Create multiple interaction channels for different accessibility needs
Plan for ongoing compliance monitoring and improvement
The Future of Inclusive Banking (and Business)
This ruling represents a fundamental shift in how we think about digital accessibility. The era of treating accessibility as optional ends on June 28th.
As an accessibility consultant who brings lived experience of neurodivergence to my work, I help companies avoid these situations by:
Conducting comprehensive accessibility audits with neurodivergent perspective
Providing team training that builds empathy and understanding
Creating accessibility strategies that prevent penalties rather than react to them
Preparing businesses for the new compliance landscape where millions, not hundreds, are at stake
The question isn't whether accessibility matters - it's whether your business will invest £4,091 in prevention or millions in penalties.
Ready to Prevent, Not React?
If your business wants to avoid similar situations and create genuinely inclusive experiences before the June 28th deadline:
📧 Email: hello@taniagerard.co.uk 📱 DM me: For emergency accessibility assessment
🗓️ Book: Free 15-minute consultation to discuss your accessibility needs
With just 15 days until European Accessibility Act enforcement begins, the choice between prevention and million-pound penalties has never been clearer.
About Tania Gerard: IAAP-certified accessibility consultant, TEDx speaker, and ADHD UK Ambassador. Creator of "Accessible Marketing" methodology and specialist in neurodivergent user experience. Helping businesses choose £4,091 prevention over millions in penalties.
Revolutionary accessibility solution launches July 1st... ask me about it!
Disclaimer: This article is written for educational and awareness purposes about accessibility and the European Accessibility Act. The case referenced is based on publicly reported information from the Financial Ombudsman Service ruling and media coverage.
Important Clarifications:
This analysis is based solely on publicly available information about the ombudsman ruling and does not involve any confidential or insider knowledge about the bank's operations
All accessibility consulting recommendations are general best practices based on industry experience and are not specific advice for any particular organisation
Investment figures quoted are estimates for typical accessibility consulting services and actual costs may vary based on specific requirements
The bank mentioned has not endorsed, reviewed, or been involved in the creation of this article
ROI calculations are examples based on penalty avoidance scenarios and industry research, not guarantees of specific outcomes
Professional Intent: This article is created to raise awareness about the importance of proactive accessibility planning and demonstrate accessibility consulting expertise. Any recommendations are based on general industry best practices and public information only.
Personal Statement: As someone with lived experience of neurodivergence, I created this analysis to highlight how accessibility barriers affect real people and to show how these situations can be prevented through proactive planning ( I would also love to work with Chase Bank and hope they see this as a pitch and an article about neurodivergent accessibility).
No Business Relationship: The author has no business relationship with the bank mentioned and this article should not be construed as criticism of any specific organisation's practices or policies.
This article is for informational purposes only.