Accessibility And The Limits Of The Equality Act 2010

Accessibility And The Limits Of The Equality Act 2010 Speaker: Prof. Lawson (University of Leeds) Date: 06 February 2025, 6:00 pm–7:00 pm Outline - Introduction - Accessibility - Equality Act 2010: • Broad Obligations with an Accessibility Dimension - Equality Act 2010: Accessibility-Specific Obligations - Beyond the Equality Act: • Accessibility Strategies and Standards - Recent Developments Elsewhere - Conclusion Accessibility - Meaning • General usage • UN Committee on Economic Social and Cultural Rights, General Comment 14 (2000), para 12 • UN Convention on the Rights of Persons with Disabilities Accessibility Obligations in the UN CRPD - Article 3 - Cross-cutting 'general principle' - Article 9 – Accessibility • Purpose • Scope • Nature CRPD Committee, General Comment No 2 (2014) - New v existing - immediate v progressive implementation - Action plans - timeframes, resourcing, monitoring, sanctions - Legislation - disability/accessibility specific and mainstreamed - Involvement and consultation Equality Act 2010: Broad Obligations with an Accessibility Dimension Anticipatory Reasonable Adjustment Duty - How it Works • Duty-bearers - providers of services and public functions • Duty - continually to anticipate and take 'reasonable steps' to address relevant 'substantial disadvantage' • Enforcement - Primarily County Court / Sheriff Court cases by individuals who have been substantially disadvantaged by breach - Potential • Illustrative positive caselaw, e.g.:  Royal Bank of Scotland v Allen  Rowley v Cabinet Office - • Code of Practice • Equality and Human Rights Commission • Regulation-making power Limitations • Scope • Uncertainty - 'reasonableness' • Cost and financial risk • Accessing legal advice and expertise • Limitations of EHRC Public Sector Equality Duty - How it Works • Duty-bearers - public authorities • General duty - to have 'due regard' to the three equality aims, i.e.  Eliminate discrimination and other prohibited conduct;  Advance equality of opportunity;  Foster good relations - • Supplementary specific duties • Enforcement - High Court judicial review Potential • Illustrative positive caselaw, e.g.  Lunt v Liverpool CC  Ali v Newham LBC - • Pre-emptive, embedding of equality (and accessibility) • Emphasis on involvement/engagement (Wales and Scotland) • Guidance - including for procurement processes • Potential for enforcement by litigants other than the disadvantaged individual • Equality and Human Rights Commission Limitations • Focus on process, not outcome • Fragility of 'due regard', e.g.  Hamnet v Essex CC  Leadbetter v Sec of State for Transport • Time limits • Cost Equality Act 2010: Accessibility-Specific Obligations - - Schools s 88 and Schedule 10 • Accessibility strategies - local authorities • Accessibility plans -schools • Inspections • Progress?? Public Transport Vehicles • Public Service Vehicles - • Rail vehicles • Taxis and private hire vehicles Physical Features and Part M of the Building Regulations • Anticipatory reasonable adjustment duty re physical features  Equality Act 2010 (Disability) Regulations 2010 • Grants 10-year exemption if:  First, if "for the purpose of assisting people to have access to the building or facilities provided in the building"; and  Second, complied with Part M Building Regulations - Public Sector Bodies Websites and Mobile Applications Accessibility Regulations • Origins in EU Directive 2016/2102 • Functional standards - perceivable, operable, understandable and robust • Compliant if conform with latest WCAG standards • Publication of accessibility statements, including how to seek help and make complaints • Compliance monitoring - Government Central Digital and Data Office • Breach constitutes breach of anticipatory reasonable adjustment duty, enforceable by EHRC Beyond the Equality Act: Accessibility Strategies and Standards - National Disability Strategy 2021 - Accessibility Strategy • GOV.UK Design System 2023 - Inclusive Transport Strategy 2018 - NHS Accessible Information Standards - Accessible housing - M4(2) and M4(3) standards Recent Developments Elsewhere - Canada: Accessible Canada Act 2019 • Purpose and scope • Government Minister and Chief Accessibility Officer - • Accessibility Standards Canada • Planning and reporting obligations • Enforcement - Accessibility Commissioner European Union: European Accessibility Act 2019 • Purpose and scope • Duty-bearers include manufacturers, importers, distributers of relevant products and providers of relevant services - • Functional accessibility requirements and role of technical standards • Requirements for Member State regulation, monitoring and enforcement • EU-level monitoring Norway: Equality and Anti-Discrimination Act 2017 • Purpose and scope • Universal design obligations re physical conditions and ICT • Unlawful discrimination • Enforcement (Equality Discrimination Tribunal) and Anti-Discrimination Ombud and Anti-