Skip to main content
Subscribe
Legal InsightThe Access Advantage

Digital Accessibility and the Case for a Disability Passport

Two September announcements make the case for a voluntary Disability Passport that communicates access needs rather than just labelling disability. Nimbus is well placed to build it.

21 September 2026·Chris Fry·Legal Insight
Person using a laptop, representing digital accessibility and online access for disabled users

Photo: Unsplash

Every time a disabled person books a ticket, arrives at a venue, calls a helpline or boards a train, there's a reasonable chance they'll be asked to explain their access needs again. The same needs, the same explanation, the same starting from zero. For millions of people, that's not an occasional inconvenience. It's the standard experience.

On 15 September, Future Ticketing announced its integration with Nimbus, allowing participating clients to check Access Cards and Digital Access Passes within the online checkout. Meanwhile, NHS England's Reasonable Adjustment Digital Flag standard lists 30 September 2026 as its full conformance date for organisations within scope. These developments belong together. They both address the difficulty of getting a person's access requirements to the organisation that needs to act on them.

The NHS flag is designed to help health and care professionals record, see and share reasonable adjustment information across services. Its deadline is specific to that system in England. It doesn't introduce a September deadline for every theatre, stadium or business, and the published date shouldn't be mistaken for confirmation that every provider is technically ready.

This is a problem I've encountered in cases I was involved in. Hospital ophthalmology departments were sending printed appointment cards to visually impaired patients who couldn't read them. The department treating the person's sight condition was still communicating in a format that person couldn't use.

During the pandemic, I was also involved in cases concerning shielding letters sent in inaccessible print to people already recognised as blind. These were communications about protecting someone's health. Sending the letter didn't mean its recipient could read the advice or act on it independently.

Those experiences are part of why I'm interested in the NHS flag and the wider question of how access requirements travel. Recording a diagnosis is only a starting point. The service needs to establish how that person can receive information, record the requirement and make sure it changes what happens when an appointment card, letter or digital message is sent. An accessible email, large print, Braille, audio or a telephone call may be appropriate, depending on the person. The requirement has to carry through to the team or system actually sending the message.

The case for a Disability Passport

What interests me is where Nimbus could take this next. It's well placed to build a voluntary Disability Passport usable across public services and businesses alike. A Disability Passport doesn't define someone by their condition. It tells a service what that person needs in order to access it. Someone might need written communication rather than phone calls, a seat when queuing, a step-free route from the car park, or a companion's support at the entrance. The business gets the information it needs to do its job. The medical detail stays private.

Nimbus is already trusted by almost one million users. It's founded and led by disabled people, staffed by disabled people, and its social enterprise model channels surplus profits to disability charities through Disability Direct. That combination of lived experience, established technology and commercial credibility is rare. The trust disabled people have placed in Nimbus reflects who built the system and why.

What a Disability Passport should deliver

The Future Ticketing announcement describes real-time validity checks and the recognition of access symbols within the booking process. That's a practical example of access information becoming usable at the point of purchase. The wider opportunity is to connect recognised requirements to the decisions that follow: which booking options appear, what staff need to prepare, and how the customer receives confirmation.

The passport can travel; the operational response still needs to fit the service.

The merit of a Disability Passport would lie in its portability, voluntary use and the control it gives the person using it. They should be able to choose the relevant information to share, correct it, and explain requirements that a standard symbol can't capture.

The revised EHRC Services Code came into force on 5 August 2026, replacing the 2011 version. Its disability provisions are directly relevant here.

The Access Advantage: Subscribers Only

This article continues in The Access Advantage

The full article covers the EHRC Services Code provisions on remembering and acting, the Doug Paulley caselaw and what it means for digital systems, data protection design for a Disability Passport scheme, automation responsibilities, and a practical framework for what to do now.

Subscribers get monthly legal briefings translated into operational language, direct access to ask one question per month answered personally, and first sight of every tool and framework before public release.

Subscribe to read in full

£14.99/month or £150/year.

What's in the full article

The EHRC Code and memory

How the revised 2026 Services Code addresses the duty to record, remember and act on access requirements, and what paragraph 7.24 means in practice.

Caselaw and digital failure

Doug Paulley's 2026 cases against GTR and Network Rail, FirstGroup v Paulley [2017] UKSC 4, and what they require of digital systems when things go wrong.

Data protection design

UK GDPR Articles 6 and 9, the DPA 2018, the Grindr settlement warning, and what a lawful, proportionate Disability Passport scheme would need to get right.

CF

Chris Fry

Accessibility specialist and legal professional. Postgraduate legal qualifications, CEDR mediation accreditation. Contributor to House of Lords and Commons Select Committee proceedings and Court of Appeal cases. Founder, Strategic Access Advisory Limited.

This article provides general legal and operational information and isn't legal advice on the circumstances of any particular organisation.

Sources

  • Future Ticketing: Nimbus integration announcement (15 September 2026)
  • NHS England: Reasonable Adjustment Digital Flag standard
  • EHRC: Code of Practice for Services, Public Functions and Associations (in force 5 August 2026)
  • Paulley v Govia Thameslink Railway: County Court order (July 2026)
  • Paulley v Network Rail: County Court order (July 2026)
  • FirstGroup plc v Paulley [2017] UKSC 4
  • Tait v Holiday Extras Ltd (Employment Tribunal, July 2026)
  • ICO guidance on special category data and lawful processing
  • Matrix Chambers: note on Grindr UK settlement (11 September 2026)
  • Cloisters: Robin Allen KC and Dee Masters on TUC workplace AI proposals
  • Sam Jennings, Disabled By The Railway: on effective remedies
  • Léonie Watson: on accessibility and AI (July 2026)
  • Paulley: on testing rail Welcome Points (February account)
  • Doughty Street Chambers: practical materials on disability and housing law (2024)
  • UK Government: digital accessibility guidance (WCAG 2.2 AA)

The Access Advantage

Monthly legal briefings translated into operational language. Read this article in full and every issue going forward.

Subscribe to read in full

Share this article

Share on LinkedIn

Related reading

Digital ID Has Changed. Do Disabled Customers Still Need an Access Card?

From 15 September, certified digital proof of age can be used for alcohol sales. Chris Fry on the legal distinction that separates digital ID from disability verification.

Read article →

Passenger Assistance Isn't Delivered Until the Adjustment Actually Works

The Doug Paulley GTR settlements and what every service provider should take from them.

Read article →
Free Resources

Free Resources & Self-Assessments

Practical checklists and self-audit tools for sport, music, entertainment and live events organisations.

View free resources

This article represents the author's personal opinion and doesn't constitute legal advice. For organisation-specific guidance, contact us.

All articles

Insights & Updates

Practical guidance on accessibility law, compliance, and customer experience, straight from the people who work at the sharp end.

View all articles