Digital Exclusion in Healthcare — NHS Obligations Under Equality Act 2026
„What happens when patients can't access digital health services?" That's a question many NHS leaders and clinicians ask as healthcare becomes increasingly digital.
In this guide, we'll explain what digital exclusion is, how the Equality Act 2010 protects patients, and what NHS organisations must do to ensure no one is left behind.
📌 Quick Answer — Digital Exclusion in Healthcare
Digital exclusion refers to the inability of some people to access digital services. The Equality Act 2010 requires healthcare providers to make reasonable adjustments for disabled patients, including providing non-digital alternatives. The Government has confirmed that non-digital solutions must be available for patients who cannot or do not wish to engage digitally. 15% of disabled people have never used the internet, compared to 3% of non-disabled people.
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Free UK HHS Checker →What is digital exclusion?
Digital exclusion refers to the inability of some people to access digital services. This can be due to:
- Lack of access — no internet connection, no device
- Lack of skills — unable to use digital services
- Disability — physical, sensory, or cognitive barriers
- Language — language barriers
- Confidence — fear or lack of confidence
📊 Digital Exclusion — Key Statistics
- 15% of disabled people have never used the internet
- 3% of non-disabled people have never used the internet
- Older adults are more likely to be digitally excluded
- People with cognitive disabilities face additional barriers
- People with low income are more likely to be digitally excluded
Why does digital exclusion matter in healthcare?
Digital exclusion matters in healthcare because digital services are increasingly the primary way patients access care:
1. NHS App
The NHS App is becoming the main tool for patients to access their health records, book appointments, and order prescriptions. By 2028, patients are expected to have full access to their records via the NHS App.
2. Online consultations
GP practices increasingly offer online consultations as the first point of contact. Patients who cannot use digital services may be excluded from care.
3. Patient portals
Patients are expected to use online portals to:
- Book appointments
- View test results
- Contact their GP
- Manage prescriptions
4. Digital health apps
Digital health apps are increasingly used for self-management of chronic conditions.
What does the Equality Act say?
The Equality Act 2010 requires healthcare providers to make reasonable adjustments for disabled patients. This includes:
1. Making services accessible
Healthcare providers must make their services accessible to disabled patients. This includes digital services.
2. Providing non-digital alternatives
When digital services are inaccessible, providers must provide non-digital alternatives.
3. Anticipatory duty
The duty to make reasonable adjustments is anticipatory. Healthcare providers must anticipate the needs of disabled patients and make adjustments before they are needed.
4. No discrimination
Healthcare providers must not discriminate against disabled patients. This means they cannot refuse to provide services or provide poorer services to patients who cannot use digital services.
⚖️ Government Confirmation — Non-Digital Solutions Required
The Government has confirmed that non-digital solutions must be available for patients who cannot or do not wish to engage digitally.
All NHS organisations are legally obliged not to discriminate under the Equality Act 2010. This means they must provide alternative ways for patients to access care.
What are the legal consequences of digital exclusion?
1. Discrimination claims
Disabled patients who cannot access digital services can bring a discrimination claim under the Equality Act 2010. If successful, you could be ordered to pay unlimited compensation.
2. EHRC investigations
The Equality and Human Rights Commission (EHRC) can investigate your organisation and issue a non-discrimination notice.
3. Breaches of NHS standards
Failure to provide non-digital alternatives is a breach of NHS requirements and can lead to regulatory action.
4. Reputational damage
Digital exclusion can lead to negative publicity and loss of patient trust.
What should NHS organisations do?
Step 1: Identify patients at risk of digital exclusion
Identify patients who may be unable or unwilling to use digital services.
Step 2: Provide non-digital alternatives
Ensure non-digital alternatives are available for all patients. This includes:
- Phone consultations — for patients who cannot use online services
- Face-to-face appointments — for patients who need in-person care
- Paper forms — for patients who cannot use digital forms
- Accessible information — in formats patients can understand
Step 3: Support digital inclusion
Support patients to improve their digital skills. This includes:
- Digital skills training — for patients who want to learn
- Support in surgeries — help using digital services
- Family and carer support — involving family members
Step 4: Make your website accessible
Ensure your healthcare website and patient portal are accessible to disabled users. Use the free UK HHS checker to test.
Step 5: Document everything
Document all processes, training, and improvements. This serves as evidence of compliance.
Frequently Asked Questions — Digital Exclusion
Digital exclusion refers to the inability of some people to access digital health services. This can be due to lack of access, skills, disability, language, or confidence.
The Equality Act 2010 requires healthcare providers to make reasonable adjustments for disabled patients, including providing non-digital alternatives to digital services.
Non-digital alternatives include phone consultations, face-to-face appointments, paper forms, and accessible information in formats patients can understand.
Consequences include discrimination claims with unlimited compensation, EHRC investigations, breaches of NHS standards, and reputational damage.
NHS organisations should identify patients at risk, provide non-digital alternatives, support digital inclusion, make websites accessible, and document everything.
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