UK Law and Web Accessibility

Whilst Web accessibility is about far more than simply making websites accessible to those with disabilities — it is about making websites accessible to all users — there are legal implications which should be considered. The primary piece of legislation is the Disability Discrimination Act (DDA).

Please remember that we at Hiltonian Media are Web developers, not lawyers. The information provided below is intended to give you an overview of how the law affects websites; it is for your information only. You should always check with the original legislation or a legal expert if you are in any doubt.

Why does the DDA apply to websites?

The DDA makes it illegal to discriminate against someone on grounds of disability during recruitment, employment and provision of services (including education). The way the Act words it, failure to make “reasonable adjustments” to allow disabled people access to your services or employment constitutes discrimination.

The relevance to websites was made explicit when the Disability Rights Commission and the Government produced a Code of Practice to accompany the DDA. The Code states:

An airline company provides a flight reservation and booking service to the public on its website. This is a provision of a service and is subject to the Act.

You are therefore required, by law, to ensure that your website is accessible to users with a disability.

Since when has the Act applied to websites?

The Disability Discrimination Act 1995 was implemented in December 1996. Part 3 of the act, which relates to provision of services, came into force in 1999. It has therefore been a requirement for several years for websites to be accessible. The Code of Practice, making this requirement explicit, was published in 2002.

What happens if we don't comply?

You could be sued. To date, no company has been sued under the Act for a deficient website. However, companies approached by the RNIB to date have upgraded their websites to be accessible rather than run the risk of litigation. There have been cases in countries with similar legislation, such as Australia and the USA, where compensation has been paid.