Accessibility and the Limits of the Equality Act 2010: Time for a UK Accessibility Act?

This article makes a case for the introduction of a new UK Accessibility Act to supplement existing equality law and outlines key ingredients to be included in such legislation. Such a reform would fulfil commitments under international human rights law, align with purported cross-government prioritization of accessibility, establish a more joined-up and effective regulatory structure and, most importantly, hasten progress toward a barrier-free society in which disabled people and others are enabled to learn, work, move and live as equals. The article has three main sections. The first elaborates on the accessibility obligations set out in the UN Convention on the Rights of Persons with Disabilities. It also discusses recent legislative responses to these international human rights requirements in the European Union (the European Accessibility Act) and Canada (the Accessible Canada Act). The second section maps out the various accessibility interventions of the Equality Act 2010 and exposes the limits of the current approach, which is patchy, splintered and heavily dependent on expensive and high-risk litigation by individuals. The third section draws on the examples of Canadian and EU legislation to consider what should be included in a new UK Accessibility Act.