Public Sector vs Private Sector — UK Accessibility Obligations 2026
„Do the same accessibility rules apply to public and private sector websites in the UK?" The answer is no. There are important differences between what the public sector and private sector must do.
In this guide, we'll explain the different obligations for public and private sector organisations, the laws that apply, and what you need to do.
📌 Quick Answer — Public vs Private Sector
The public sector has specific legal obligations under the Public Sector Bodies Accessibility Regulations 2018 (PSBAR). The private sector must comply with the Equality Act 2010, which requires reasonable adjustments but does not specify a technical standard. However, the EHRC recommends WCAG 2.2 Level AA for both sectors.
✅ Test your website for UK accessibility
Use the free UK ADA checker to scan your website against WCAG 2.2 Level AA.
Free UK Checker →The UK Accessibility Landscape — Two Different Legal Frameworks
The UK has two main laws that govern web accessibility:
- Public Sector: Public Sector Bodies Accessibility Regulations 2018 (PSBAR)
- Private Sector: Equality Act 2010
While both laws require accessible websites, they have different requirements, different enforcement mechanisms, and different consequences for non-compliance.
📊 Comparison at a Glance
- Public Sector: PSBAR 2018 — Specific technical standard (WCAG 2.2 AA) — EHRC enforcement
- Private Sector: Equality Act 2010 — Reasonable adjustments — EHRC enforcement
- Common standard: Both sectors are expected to meet WCAG 2.2 Level AA
- Both sectors: Can be sued by disabled users for discrimination
Public Sector Obligations — PSBAR 2018
The Public Sector Bodies Accessibility Regulations 2018 apply to all public sector bodies in the UK.
Who is covered?
- Central government — All government departments
- Local government — Councils, local authorities
- NHS — Hospitals, health boards, clinical commissioning groups
- Education — Schools, colleges, universities
- Housing — Social housing providers
- Transport — Transport agencies, TfL
- Police — Police forces, PCCs
- Other public bodies — Quangos, executive agencies, NDPBs
Key obligations:
1. WCAG 2.2 Level AA compliance
Public sector websites and mobile apps must meet WCAG 2.2 Level AA. This is a legal requirement, not just a recommendation.
2. Accessibility statement
Every public sector organisation must publish an accessibility statement on their website. The statement must explain:
- How accessible the website is
- Which parts are not accessible
- How to report problems
- Alternative formats available
3. Annual monitoring
Public sector bodies must monitor their websites and apps on an ongoing basis. They must update their accessibility statements regularly.
4. Compliance reporting
Public sector bodies must publish an annual compliance report on their accessibility performance.
Exemptions for public sector:
- Disproportionate burden — If compliance would be a disproportionate burden
- Archived content — Content that is not used for live services
- Pre-2018 documents — Documents published before 23 September 2018
- Third-party content — Content not under your control
- Internal content — Content for internal use only
Private Sector Obligations — Equality Act 2010
The Equality Act 2010 applies to all service providers in the UK, including private sector businesses.
Who is covered?
- All businesses — Regardless of size
- Charities — That provide services to the public
- Professional services — Lawyers, accountants, consultants
- Retailers — Online and physical stores
- Hospitality — Hotels, restaurants, pubs
- Financial services — Banks, insurers, investment firms
- Technology companies — Websites, apps, software
Key obligations:
1. Reasonable adjustments
The Equality Act requires service providers to make reasonable adjustments for disabled people. This includes making your website accessible.
2. No discrimination
You must not discriminate against disabled people by providing an inaccessible website.
3. No technical standard specified
The Equality Act does not specify a technical standard for websites. However, the EHRC recommends WCAG 2.2 Level AA as the standard.
4. No mandatory accessibility statement
Private sector businesses are not required to publish an accessibility statement. However, it is best practice to do so.
Exemptions for private sector:
- Disproportionate burden — If the cost of making your website accessible would be a disproportionate burden
- Generally smaller exemptions — Some small businesses may have limited obligations
⚠️ Important — What counts as a „disproportionate burden"?
A „disproportionate burden" is assessed on a case-by-case basis. Factors considered include:
- Financial cost — How much would it cost to make the website accessible?
- Organisational resources — Can you afford the cost?
- Time — How long would it take?
- Impact on users — Would the burden outweigh the benefits?
Important: You must document your disproportionate burden assessment.
Public vs Private — Direct Comparison
| Feature | Public Sector | Private Sector |
|---|---|---|
| Applicable law | PSBAR 2018 | Equality Act 2010 |
| Technical standard | ✅ WCAG 2.2 AA (legal requirement) | ⚠️ WCAG 2.2 AA (EHRC recommendation) |
| Accessibility statement | ✅ Mandatory | ❌ Not mandatory (but recommended) |
| Annual monitoring | ✅ Required | ❌ Not required |
| Compliance reporting | ✅ Required | ❌ Not required |
| Exemptions | Disproportionate burden, archived content, pre-2018 documents | Disproportionate burden |
| Enforcement | EHRC investigations, discrimination claims | EHRC investigations, discrimination claims |
| Penalties | Unlimited compensation, public notice | Unlimited compensation, public notice |
What do both sectors have in common?
Despite the differences, both sectors share some common obligations:
1. No discrimination
Both sectors must not discriminate against disabled people by providing inaccessible websites.
2. WCAG 2.2 AA is the standard
While only legally required for the public sector, the EHRC recommends WCAG 2.2 Level AA for both sectors.
3. Disproportionate burden exemption
Both sectors can claim a disproportionate burden exemption, but must document it.
4. EHRC enforcement
Both sectors are enforced by the EHRC, which can investigate and take legal action.
5. Discrimination claims
Both sectors can be sued by disabled users for discrimination.
How to comply — Step by step
For public sector organisations:
Step 1: Scan your website
Use the free UK ADA checker to scan your website against WCAG 2.2 Level AA.
Step 2: Fix all violations
Follow the recommendations in the report to fix all violations.
Step 3: Publish an accessibility statement
Publish a comprehensive accessibility statement on your website.
Step 4: Monitor and update
Monitor your website regularly and update your accessibility statement at least once a year.
Step 5: Report compliance
Publish an annual compliance report.
For private sector businesses:
Step 1: Scan your website
Use the free UK ADA checker to scan your website against WCAG 2.2 Level AA.
Step 2: Fix all violations
Follow the recommendations in the report to fix all violations.
Step 3: Publish an accessibility statement
Publish an accessibility statement on your website (recommended, not required).
Step 4: Document everything
Document all tests and improvements. This serves as evidence of your compliance efforts.
Frequently Asked Questions — Public vs Private Sector
PSBAR applies to public sector bodies and requires WCAG 2.2 Level AA. The Equality Act applies to all service providers (including private sector) and requires reasonable adjustments but does not specify a technical standard.
Not legally required, but the EHRC recommends WCAG 2.2 Level AA as the standard for all UK websites. Meeting it is the best way to avoid discrimination claims.
Both sectors face discrimination claims with unlimited compensation, EHRC investigations, public notices, and reputational damage.
A disproportionate burden is when the cost of making your website accessible would be too high compared to the benefits. Both sectors can claim this exemption, but must document it.
No. Accessibility statements are mandatory for public sector bodies but not required for private sector businesses. However, it is best practice to publish one.
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