Day 17: Accessibility laws in the UK and how they are monitored
Accessibility is not just good practice – it’s the law. In the UK, public sector organisations must ensure their websites and mobile applications are accessible to everyone, including people with disabilities. This requirement is set out by the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 (also known as The Public Sector Accessibility Regulations 2018 or PSBAR 2018).
The Equality Act 2010 (UK) and The Disibility Discrimination Act (Northern Ireland) also require organisations to give due regard to people with protected characteristics, such as disabilities, and make reasonable adjustments to ensure disabled people are not disadvantaged when accessing services. This includes websites and mobile applications, meaning organisations must identify and remove digital barriers. By complying with the Act, businesses and public sector bodies alike create more inclusive digital experiences, ensuring equitable access to information and services for everyone.
What are the requirements?
The Public Sector Accessibility Regulations 2018 mean that public sector organisations must:
- meet accessibility standards: websites and mobile apps must comply with WCAG 2.2 AA standards. These standards address a range of accessibility needs, including visual, auditory, cognitive, and motor impairments.
- publish an accessibility statement: this statement should outline how accessible the website or app is, what parts may not be fully accessible, and how users can request alternative formats or report accessibility issues.
- monitor and improve accessibility: organisations are expected to continuously review and improve their accessibility to stay compliant.
Certain types of content, such as archived materials and third-party content not funded or controlled by the public sector body, may be exempt from these requirements.
Monitoring compliance
The Government Digital Service (GDS) monitors websites and apps across the UK public sector to see if they meet accessibility standards (Web Content Accessibility Guidelines 2.2 level AA and publishing an accessibility statement).
Monitoring is both a carrot and a stick - the team is there to audit organisations on their legal requirements. But the carrot is your website being more accessible and open to disabled people.
Unlike Santa, they don’t take requests. But, if your site is selected, the team will carry out some manual and automated accessibility tests on your main web pages and give you 12 weeks to fix the issues they find. They’ll help you clarify what they find and why it matters.
Accessibility monitoring is just a sample, so you’ll still need to do your own audits. Aside from this, keeping your team aware of accessibility will help you be more prepared for monitoring, and build in accessibility from the start.
We all want to remove barriers and help disabled people access public services. By doing this you might find other benefits too, such as better search engine results or a simpler website. Good accessibility is essential for many and a carrot we can all enjoy.
Reporting and enforcement
Public sector organisations must fix identified accessibility issues within a reasonable timeframe, which is why the monitoring team allow 12 weeks. Failure to comply with the regulations can result in enforcement action by the Equality and Human Rights Commission (EHRC) or the Equalities Commission for Northern Ireland. People can also complain directly to an organisation or post information on social media which could cause reputational damage.
Public sector organisations should regularly audit their digital services, update their accessibility statements, and engage with users to ensure continuous improvement. Transparency and proactivity are key to maintaining compliance and providing an inclusive digital experience.
Upcoming European and US accessibility legislation
European Accessibility Act (EAA)
The European Accessibility Act will come into effect in 2025, introducing new requirements for digital products and services across the EU. It aims to harmonise accessibility standards for a wide range of industries, including banking, e-commerce, and transportation. Companies providing goods or services in the EU must ensure their offerings are accessible or risk non-compliance penalties. This act extends accessibility requirements beyond public sector organisations to private companies as well.
US Accessibility Legislation
In the United States, accessibility is governed by laws like the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. Recently, there has been growing momentum toward strengthening these requirements. Proposed legislation, such as the "Online Accessibility Act," seeks to explicitly mandate web accessibility compliance for private businesses. Additionally, the Department of Justice has clarified that digital accessibility is covered under the ADA, emphasising the importance of providing accessible websites and mobile applications.