Accessibility issues

Disproportionate burden

Last reviewed
14 September 2026
Owner
DesignOps

Understand when the disproportionate burden exception can apply to accessibility requirements and what it means for DfE digital services.

What is disproportionate burden?

Disproportionate burden is an exception within the accessibility regulations. It allows an organisation to avoid meeting an accessibility requirement if doing so would place a disproportionate burden on the organisation. Disproportionate burner is usually only appropriate for small organsiations, such as a parish council, that are mostly run by volunteers.

Before claiming the exception, an organisation must carry out a disproportionate burden assessment.

The assessment must consider the organisation’s circumstances, including the cost and resources needed to fix the accessibility issue.

Does disproportionate burden apply to DfE?

DfE considers that the disproportionate burden exception is not appropriate for its digital services.

DfE has considerable funding and resources available to address accessibility issues. Teams should consider accessibility from the start of a project and throughout development, rather than rely on the exception when fixing issues becomes difficult or expensive.

Claiming disproportionate burden can also:

  • increase governance and internal processes
  • expose DfE to scrutiny, as people may request and publicise the evidence behind its decision and calculations
  • slow wider adoption of accessibility requirements

The disproportionate burden test

To assess whether an issue places a disproportionate burden on an organisation, you must consider:

  • the cost of making the product or service accessible
  • the people and resources needed to fix the issue
  • the benefits for users with access needs and disabilities
  • how often people use the product or service
  • how long people spend interacting with it

You must also:

  • explain any disproportionate burden claim in your accessibility statement
  • publish your evidence and assessment outcomes