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Accessibility obligations

At dxw, we create accessible services because it is the right thing to do, and because it is the law.

This guide:

Moral obligations #

Our mission is to build services that fit seamlessly into user’s lives, and that make public services usable and accessible to all – especially those most in need.

Our principles are to:

By creating accessible services, we contribute to United Nations sustainable development goal number 10 through reducing unequal access to public services.

Accessibility regulations #

Human Rights Act and Equality Act #

Under the Human Rights Act 1998 and the Equality Act 2010, discrimination is prohibited, against disabled people and people with other protected characteristics.

If our services are not accessible, users of those services can claim that discrimination is taking place.

Public Sector Equality Duty #

The Equality Act also creates the Public Sector Equality Duty. This duty requires most of the organisations we work with to consider how their policies and decisions affect people who are protected under the Equality Act.

The duty requires public authorities to:

  • eliminate unlawful discrimination
  • advance equality of opportunity
  • encourage good relations

And to:

  • publish equality information to show how they’ve complied with the equality duty
  • prepare and publish equality objectives

Reasonable adjustments #

The Equality Act creates a duty for organisations to make reasonable adjustments to remove barriers for disabled people and people with other protected characteristics.

The duty applies to barriers that place people at a substantial disadvantage. And covers both members of the public using services, and the staff and volunteers involved in providing services.

The legislation gives no specific criteria for whether an adjustment is reasonable, or whether a disadvantage is substantial.

For example:

  1. Expanding a local government advice service to support text chats as well as voice phone calls would likely be consider a reasonable adjustment.

    As people not able to make voice phone calls are at a substantial disadvantage and supporting text chat is a relatively straightforward and affordable addition.

  2. A government agency has published an online archive of old information leaflets, posters, television information films and radio adverts. Making the archive fully accessible would likely not be considered a reasonable adjustment.

    As the disadvantage for disabled people might not be considered substantial, and the cost might be larger than the current archive budget.

  3. Making the mapping features of a Land Registry web application fully accessible for local government staff who are blind or have very low vision would likely not be considered a reasonable adjustment.

    While some staff might be at a substantial disadvantage, making all the mapping features fully accessible would not be possible.

What are reasonable adjustments? by AbilityNet, has more about reasonable adjustments.

Alternative channels and steps #

The Human Rights Act and Equality Act apply particularly to public services that are essential for people to live and take part in society. Those services cannot exclude some people because of their disability, or other characteristics or circumstances.

However, we know that accessibility needs vary widely, and can conflict. And it is not always reasonable, or even possible, to make every part of every web page or web application fully accessible to everyone.

So some services may need to provide alternative ways for people to access and use them.

For example, to provide a passport photo you can:

  • have a friend or family member take your photo and upload the image file yourself
  • have a high street photographer take your photo and upload the image file for you
  • use a modern photo booth that takes your photo and uploads the image file automatically

Public Sector Bodies Accessibility Regulations #

The Public Sector Bodies Accessibility Regulations 2018/2022 require most public sector websites and mobile applications to:

The regulations apply to web content, web applications and mobile applications provided for members of the public. And to web content and web applications (‘intranets and extranets’) provided for staff. Mobile applications provided for staff and students are not covered.

Disproportionate burden #

Public sector bodies subject to the accessibility regulations can claim that making a website or mobile application fully accessible would be a disproportionate burden.

Organisations may be able to support such a claim if making something fully accessible would take up a significant proportion of their budget, or if it would provide little benefit for disabled people.

An organisation is less likely to be able to make such a claim if it provides services that are specifically aimed at disabled people, such as for claiming allowances or applying for a Blue Badge. Or if a service is essential for disabled people to live or take part in society, such as accessing a state pension or registering to vote.

The Service Standard #

Point 5 of the Service Standard requires us to Make sure everyone can use the service.

When we are working to the Service Standard we have additional requirements to:

  • do user research with people with accessibility needs
  • test our services with common assistive technologies

Our guides on researching accessibility needs and on developing accessible services provide advice on meeting these requirements.

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