Accessibility Statement: do you legally need one?

There are two quite different legal frameworks around website accessibility in the UK, and they apply to different types of organisation. The confusion between them is common, and it leads some private businesses to believe they have no legal obligation at all, which is not quite right.

The short version: public sector organisations have a specific statutory obligation to publish an accessibility statement, and that obligation is defined in precise technical terms. Private sector businesses do not have that specific obligation, but they are covered by the Equality Act 2010, which creates a broader duty to make reasonable adjustments for disabled people - and that duty has real implications for website accessibility even though it does not require a specific statement document.

The public sector obligation

The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 implemented a UK version of the EU Web Accessibility Directive. They apply to public sector bodies - central government departments, local councils, NHS trusts, universities, schools, and other bodies exercising public functions. If you work for or with any of these organisations, you will be familiar with the requirements.

For public sector bodies, the obligation has two parts. First, the website or mobile app must meet WCAG 2.1 (Web Content Accessibility Guidelines, version 2.1) to at least Level AA. Second, the organisation must publish an accessibility statement that explains the extent to which the website meets the standard, lists any known areas of non-compliance, and provides contact details for people who encounter problems. The statement must be reviewed and updated regularly.

The monitoring body in the UK is the Cabinet Office's Central Digital and Data Office (CDDO). They carry out periodic reviews of public sector websites and can require improvements. The enforcement consequences are real - not necessarily immediate fines, but public findings of non-compliance and formal requirements to fix issues.

The Equality Act and private businesses

Private sector businesses, charities, and voluntary organisations are not covered by the 2018 Accessibility Regulations. But that does not mean accessibility is legally irrelevant for them. The Equality Act 2010 requires service providers to make reasonable adjustments to avoid substantial disadvantage to disabled people. A website is a service, and this obligation applies to it.

What counts as a "reasonable adjustment" for a website? The Act does not specify technical standards - that is both its flexibility and its weakness. The reasonableness test takes into account the size and resources of the organisation, the nature of the service, and the extent of the disadvantage. A large retailer with a website that cannot be navigated by screen reader users would likely fail the test. A small freelancer whose contact form lacks alt text might be treated differently.

There have been relatively few UK court cases testing this specifically for websites. The most significant legal developments on digital accessibility have come from the US (Section 508 of the Rehabilitation Act and the Americans with Disabilities Act have been applied to websites in several cases). UK law has the framework but not yet a large body of case law applying it to specific website failures.

That said, the Equality and Human Rights Commission can take enforcement action, and individuals can bring claims in the County Court for failure to make reasonable adjustments. The risk is real even if the likelihood of enforcement action against a small business for website accessibility issues is currently low.

WCAG 2.1: what it actually requires

Whether or not you are legally required to meet WCAG 2.1, it is the standard that the legal landscape points towards. WCAG 2.1 has three conformance levels: A (minimum), AA (standard), and AAA (enhanced). The 2018 Regulations require Level AA for public sector bodies. Practically, Level AA is the target for most organisations taking accessibility seriously.

Level AA covers things like: providing text alternatives for non-text content (images, video), ensuring sufficient colour contrast (at least 4.5:1 for normal text), making all functionality accessible via keyboard (so that someone who cannot use a mouse can still navigate), providing captions for video content, and ensuring that forms have properly associated labels so screen readers can identify fields correctly.

None of these are technically exotic requirements. Many of them are just good web development practice. The fact that so many websites fail basic WCAG criteria is not because the requirements are unreasonable - it is because accessibility testing is often omitted from development processes and post-launch audits.

Do private sector businesses need a written accessibility statement?

Strictly speaking, no - there is no law requiring a private sector company to publish a formal accessibility statement in the same way the 2018 Regulations require of public bodies. But there are good reasons to consider having one anyway.

A short, honest accessibility statement that explains what you have done to make your website accessible, what known issues exist, and how people can contact you if they encounter problems serves several purposes. It demonstrates good faith - which matters if you ever face a complaint or claim. It gives disabled users a route to contact you if the website does not work for them. And it encourages internal accountability: if you have written down that you aim to meet WCAG 2.1 AA, you have committed to actually knowing what that means.

For consumer-facing businesses in particular, accessibility is increasingly a commercial issue as well as a legal one. Around 22% of the UK population has some form of disability. A website that cannot be navigated by screen reader or cannot be used at high contrast settings is excluding a substantial segment of potential customers. That is a business problem as much as a compliance one.

What to include if you write one

If you decide to write an accessibility statement for a private sector website, the GOV.UK template for public sector bodies is a useful reference even though you are not legally required to follow it. The key elements are: which standard you are aiming for (WCAG 2.1 AA is the right answer in most cases), what you have done to assess and improve accessibility, any known areas where the website does not fully meet the standard, and contact details for users who encounter problems.

Being honest about known issues is important. An accessibility statement that claims full WCAG 2.1 AA compliance when the website clearly fails on basic colour contrast or keyboard navigation is worse than saying nothing - it looks dishonest and undermines trust.

For sole traders and small businesses thinking about which legal documents are genuinely required, see our guide on website legal documents for sole traders. If you are building out your site's legal pages more broadly, the Privacy Policy requirements under UK GDPR are a more pressing starting point for most businesses than the accessibility statement.

The practical takeaway

If you are a public sector body: you need an accessibility statement, your site must meet WCAG 2.1 AA, and this is a legal requirement with monitoring and enforcement behind it.

If you are a private sector business: you do not need a formal accessibility statement by law, but the Equality Act 2010 creates a real obligation to make your website accessible to disabled users. Following WCAG 2.1 AA is the clearest way to demonstrate you have met that obligation. Publishing a simple accessibility statement is good practice even if it is not mandatory.

In both cases, doing the actual accessibility work matters more than the statement. A document claiming accessibility while the website fails basic tests is worse than nothing. Start with the site, then write the statement.