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# WCAG 2.1, AI Search, and the Law: What SLED Digital Teams Need to Know in 2025

TN

Tara Nguyen

Accessibility & Compliance Lead, Keyspider

February 2025

9 min read

When a government agency or university deploys a new digital tool, accessibility is not optional. It is a legal requirement — in Australia under the Disability Discrimination Act, in the UK under the Public Sector Bodies Accessibility Regulations 2018, and in the United States under Section 508 of the Rehabilitation Act. The question is not whether AI search needs to be accessible. It is how to make sure it is — and how to verify it.

The web content accessibility guidelines — WCAG 2.1, and the emerging WCAG 2.2 — are the technical standard that these legal frameworks typically reference. WCAG 2.1 AA is the required conformance level for most government and education web properties in English-speaking jurisdictions. Understanding how AI search and AI Assistant interfaces interact with these guidelines is essential for any SLED digital leader approving a search deployment.

## The Legal Landscape for SLED Organisations

### Australia

The Disability Discrimination Act 1992 (Cth) requires organisations not to discriminate against people with disabilities in the provision of services — which courts and the Australian Human Rights Commission have consistently interpreted to include websites and digital services. The Web Accessibility National Transition Strategy recommends WCAG 2.0 AA as the minimum standard, and the Digital Service Standard requires all Australian Government digital services to meet WCAG 2.1 AA. State government digital standards largely mirror the federal requirement.

### United Kingdom

The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 require all public sector bodies to meet WCAG 2.1 AA and publish an accessibility statement. The regulations are enforced by the Government Digital Service, which conducts monitoring. Non-compliant sites receive an enforcement notice. Universities are explicitly in scope as public bodies in receipt of public funding.

### United States

Section 508 of the Rehabilitation Act requires federal agencies to ensure that electronic and information technology is accessible to people with disabilities. The Section 508 standards reference WCAG 2.0 Level A and AA. For state and local government, Title II of the Americans with Disabilities Act applies, and the Department of Justice has issued guidance that web accessibility is required under Title II — referencing WCAG 2.1 AA as the applicable technical standard in its 2024 final rule.

Key point

Adding an AI search widget or chat interface to your website creates a new component that is in scope for accessibility compliance. The fact that the underlying website met WCAG 2.1 AA before the widget was added does not mean the widget itself is compliant. Each new component requires assessment and testing.

## WCAG 2.1 Success Criteria Most Relevant to Search Interfaces

Not all of the 50+ WCAG 2.1 success criteria are equally relevant to a search interface or AI chat widget. These are the criteria that most commonly create issues in search and chat deployments:

### 1.3.1 — Info and Relationships (Level A)

All information conveyed through visual presentation must be programmatically determinable. For a search interface, this means search results must be structured in a way that a screen reader can navigate — result headings identified as headings, source citations as links, category labels with appropriate roles. A visually styled search result list that is implemented as a series of styled divs with no semantic HTML structure fails 1.3.1.

### 2.1.1 — Keyboard (Level A)

All functionality must be operable via keyboard alone, without requiring a mouse or pointer. Search interfaces frequently fail this criterion in autocomplete dropdowns (which may not be keyboard-navigable), in result filters (where selecting a filter may require a click), or in AI chat interfaces where the send button or suggested replies cannot be activated by keyboard.

### 2.4.3 — Focus Order (Level A)

When a user interacts with a search field or chat interface, focus must move in a logical, predictable order. A common failure in search widgets is that when results appear, keyboard focus does not move to the results — remaining in the search field, requiring the user to tab through the entire page to reach the results.

### 4.1.3 — Status Messages (Level AA)

This criterion — added in WCAG 2.1 — requires that status messages be programmatically determinable so that they can be announced by assistive technologies without receiving focus. In a search context: when results load, a screen reader should announce 'showing 12 results for your search' without the user having to tab to the results area. Many search implementations fail this because the results container is updated dynamically without a live region announcement.

### 1.4.3 — Contrast (Minimum) (Level AA)

Text in search results and chat interfaces must meet a 4.5:1 contrast ratio for normal text and 3:1 for large text. This is commonly failed in search widgets that use light grey placeholder text (frequently below 4.5:1) and in AI-generated answer text that may use a softer colour to visually distinguish it from document titles.

### 2.4.7 — Focus Visible (Level AA)

Keyboard focus must be visible. Chat interfaces that remove the default focus outline for aesthetic reasons — a very common practice — automatically fail this criterion. WCAG 2.2 strengthens this requirement significantly with 2.4.11 Focus Appearance (Minimum), which specifies minimum focus indicator dimensions and contrast.

## How AI Search Can Improve Accessibility — and When It Creates Risk

### Where AI search improves accessibility

AI search offers a genuine accessibility benefit that is rarely discussed in WCAG-focused conversations: the ability to understand natural language queries from users who struggle with complex website navigation.

For users with cognitive disabilities, complex navigation hierarchies and multi-step information architectures are significant barriers. A search box that accepts natural language — 'how do I get help with my electricity bill' — and returns a direct answer is far more accessible for this population than navigating through a six-level menu to find the energy assistance programme page.

Similarly, for users with low literacy or English as a second language, the ability to search in their own words — without knowing the technical terminology used in the relevant policy — is a meaningful equity improvement. WCAG success criteria are necessary but not sufficient for genuine digital equity; AI search addresses dimensions of access that WCAG does not directly speak to.

### Where AI search creates accessibility risk

AI-generated answer text introduces a specific accessibility consideration: the text is dynamic, generated at runtime, and may vary in length and structure depending on the query. This creates challenges for screen reader users if the dynamic content is not announced appropriately, and for users relying on magnification or high-contrast modes if the AI answer container does not scale and reflow correctly.

Chat interfaces introduce additional complexity: the multi-turn conversation creates a growing content area that must be navigable by keyboard, with new messages announced to screen readers. The patterns for accessible chat interfaces are well-established in ARIA authoring practice guidelines, but they are not automatically implemented in every AI chat widget on the market.

1 in 5

People have some form of disability — the user group WCAG exists to serve

WCAG 2.1 AA

Required standard for government & education in AU, UK, and US (from 2024 DOJ rule)

4.5:1

Minimum contrast ratio for normal text — commonly failed in AI search widgets

2.4.11

WCAG 2.2 focus appearance — coming requirement to plan for now

## Testing: What to Require from a Vendor

Vendor accessibility documentation falls into several categories, and understanding the difference between them is important when evaluating search and chat tools for SLED deployment:

### VPAT / ACR

A Voluntary Product Accessibility Template (VPAT), published as an Accessibility Conformance Report (ACR), documents a vendor's self-assessment against WCAG success criteria. It is a starting point for evaluation, not a conformance guarantee. VPATs are often optimised for procurement optics rather than accuracy. Review the supporting remarks for each criterion, not just the conformance level rating.

### Third-party audit reports

An independent accessibility audit conducted by a specialist firm — using a combination of automated testing tools and manual testing with assistive technologies — is significantly more reliable than a self-assessed VPAT. Ask vendors whether their accessibility claims are backed by a third-party audit and when it was last conducted. A widget that was audited two years ago may not reflect the current codebase.

### Testing with users with disabilities

The gold standard for accessibility verification is testing with actual users who use assistive technologies — screen readers, switch access, voice control, magnification software. Expert audit finds technical failures. User testing reveals usability failures that technically compliant implementations can still create. For high-traffic, citizen-facing search deployments, both are appropriate.

## Practical Checklist for SLED Procurement Teams

- Request the vendor's most recent VPAT/ACR and the underlying third-party audit report. If no third-party audit exists, require one as a condition of the contract or account for the testing cost in your own budget.
- Test the search widget in your specific browser and operating system combinations with NVDA (Windows), JAWS (Windows), and VoiceOver (macOS/iOS) — the three screen readers that represent the majority of screen reader usage.
- Test keyboard navigation end-to-end: search field → autocomplete → result selection → AI answer → citation link → back to search field. Map where focus is lost.
- Check that dynamic results trigger appropriate ARIA live region announcements. Use a screen reader to verify that result updates are announced without requiring manual focus movement.
- Verify colour contrast of all text elements — placeholder text, result titles, body text, AI answer text, citation links — against the background they appear on. Use a contrast analyser tool on rendered screenshots.
- Test in high contrast mode (Windows) and with browser zoom at 200% and 400%. Check that content does not overflow or become inaccessible.
- Review the accessibility statement that the vendor provides for their component, and verify that the statement is substantively accurate rather than boilerplate.
- If you are deploying a chat widget, test the conversation history — does scrolling work by keyboard? Are new messages announced by screen reader? Can the user navigate to specific previous messages?

## The Accessibility Statement Obligation

Under UK regulations and, increasingly, under Australian government guidelines, public sector bodies are required to publish an accessibility statement for their websites that identifies known accessibility issues and provides a mechanism for users to report problems.

When you deploy a third-party AI search widget, you are responsible for the accessibility of that widget as part of your overall website. If the widget has known WCAG failures, they belong in your accessibility statement. This is not a reason to avoid deploying AI search — known, documented issues with a remediation plan are the expected content of an accessibility statement. Undisclosed issues are not.

A vendor who provides detailed, honest documentation of their accessibility conformance and known gaps is a more trustworthy partner for a SLED organisation than a vendor who claims full conformance with no caveats. Perfect WCAG conformance in a complex, interactive component is genuinely difficult; honest documentation of limitations is a sign of a mature development practice.

## Looking Forward: WCAG 2.2 and AI

WCAG 2.2 was published as a W3C Recommendation in October 2023. The UK government has updated its monitoring to reference WCAG 2.2 AA for new procurement from 2024. Australian and US standards are expected to follow.

The most significant new criteria for AI search and chat interfaces are: 2.4.11 Focus Appearance (Minimum) — a stronger focus indicator requirement that supersedes the frequently non-compliant implementations that currently pass 2.4.7; 2.4.12 Focus Appearance (Enhanced) — the gold standard; and 2.5.7 Dragging Movements — relevant for search interfaces with drag-to-reorder functionality.

Organisations procuring AI search now should evaluate against WCAG 2.2 AA even if their current regulatory requirement is WCAG 2.1 AA. The transition window is short, and retrofitting a non-conformant widget after deployment is significantly more expensive than specifying conformance at procurement.

Related reading

AI Search vs. Keyword Search How AI search improves findability for all users, including those with cognitive disabilities.
AI Search for Government & Public Sector WCAG and compliance requirements in SLED AI search deployments.
Keyspider AI Search — accessibility features How Keyspider AI Search is built to WCAG 2.1 AA standards.
Keyspider AI Assistant Accessible conversational AI for citizen and student-facing channels.
How Universities Are Using AI Search Accessibility in higher education digital services context.

Minimum contractual requirement

Any AI search or chat widget procured for a SLED organisation should include, as a contractual obligation: (1) current third-party WCAG 2.1 AA audit report; (2) a commitment to maintain WCAG 2.1 AA conformance across future releases; (3) a process for reporting and addressing accessibility regressions within a defined SLA; and (4) a transition plan for WCAG 2.2 AA conformance.

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