Sleepwalking into criminal liability? Accessibility and the future of universities

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If accessibility was being treated as an afterthought in higher education, then that ended in June 2025.

The European Accessibility Act (EAA) came into force on 28 June 2025, and it applies to all UK universities that serve EU disabled students, sell into EU markets, or run EU-based partnerships and enterprises.

Meanwhile, for those universities looking to expand operations into other international markets, India has gone further.

Its Supreme Court has declared accessibility a constitutional right, new standards are enforceable in law, and fines are already being issued.

Global convergence is happening. Universities that think they can ignore it may be sleepwalking into criminal liability.

Beyond PSBAR

The UK already has the Public Sector Bodies Accessibility Regulations (PSBAR), which legal eagles will recall came into force in 2019 across public-sector bodies in Europe and the UK. PSBAR already monitors the accessibility of digital products such as websites and apps, and sanctions are civil.

The EAA goes further and extends the remit of what’s covered. While some member states are still determining their sanctions, Ireland issues fines of up to €60,000, with the possibility of time in prison. France issues fines of €20,000 per non-compliant website, per year. Germany’s Barrierefreiheitsstärkungsgesetz (BFSG) or “Accessibility Strengthening Act” includes fines of up to €100,000.

For vice chancellors and chief operating officers, this is no longer a compliance box to tick. It’s a personal risk.

Both PSBAR and EAA cover:

  • Virtual Learning Environments, Continuing Professional Development platforms, and publishing systems
  • Websites, apps, digital documents, and email attachments
  • Audiovisual media and cultural collections

Now hardware is also in scope for EAA, from smartphones to laboratory kit. That means every corner of the institution must be born accessible – IT, procurement, estates, marketing, research, teaching, enterprise, and the university press. And don’t forget the sector’s elephant in the room – legacy systems. Retrofitting is messy, costly, and in many cases unworkable.

Faced with ageing platforms and the difficulty of retrofitting legacy systems and content, many institutions are turning to so-called “quick-fix” tools such as overlays that promise to make websites accessible and compliant at the flick of a switch.

While these can appear to improve surface-level usability, regulators have made clear that they do not replace compliance with core standards such as Web Content Accessibility Guidelines (WCAG).

For leaders, the risk is assuming that bolt-ons have solved the problem – when in reality, only intentional design, governance, and testing with disabled people will stand up to regulatory scrutiny.

Who owns accessibility?

The uncomfortable truth is that many universities don’t know who owns accessibility. Governance is weak, responsibilities diffuse, and decisions are made without the right expertise in the room.

Too often, a shiny new rebrand is unveiled before anyone realises it isn’t accessible. By then, fixes are expensive and reputationally embarrassing. The solution? Put digital experience and accessibility specialists at the table from the start, to help with scoping, strategy, procurement, governance, and sign-off. These governance challenges have been raised across the sector.

Fans of Cartesian dualism may suggest the sector faces a choice:

  • Basic compliance – scramble to patch systems, pray regulators don’t look too closely.
  • Inclusive excellence – embed accessibility in governance, procurement, and culture.

The second option unlocks real gains – improved student experience with a knock-on for NSS scores, stronger international recruitment, efficiencies in procurement, and staff upskilling. It can also help secure routes to research funding, given Research Council and Horizon priorities for EDIA (Equality, Diversity, Inclusion and… Accessibility).

Some universities are deploying accessibility apprenticeships and paid accessibility internships, as well as disabled student panels for accessibility. This is the kind of initiative that could give the UK sector a genuine competitive edge, and is testament to the great work taking place at a grassroots level across the sector.

For those teams managing universities’ sprawling and complex digital estates, clear plans and roadmaps are needed to guide procurement, commissioning, audits, and improvements.

Having a well-defined strategy, proper planning, and good digital governance can make the process much smoother. However, without sustained backing from the top, and the mandate or authority to decommission ineffective systems and websites, these teams are limited in what they can achieve.

The global direction of travel

If Europe feels far away, look at India. In 2025, over 150 organisations were fined under new accessibility rules. Educational institutions are explicitly in scope. Early adoption of EAA standards positions UK universities ahead of this regulatory convergence. While UK laws may differ in some respects from India’s, they are all pointing in the same direction – accessibility is an essential requirement for the physical environment, digital systems, documents, media, hardware, and services.

Accessibility is about disabled students. It’s also a test of digital maturity, institutional leadership, and international credibility. The European Accessibility Act is a wake-up call. The only real choice left is whether universities treat it as a burden or seize it as an opportunity for inclusive excellence.

Global accessibility standards are coming. The only question is whether the UK sector will be ahead of the curve or behind it.

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