"Due regard" in the context of an Equality Impact Assessment (EIA) refers to the legal obligation of public sector bodies to proactively consider how their policies, decisions, and services might affect individuals with protected characteristics. It means genuinely assessing and understanding the potential impact – positive or negative – on equality, before and during the implementation of any function.
This is not merely a procedural formality but a substantive obligation. A decision-maker, after taking reasonable steps to inquire into the issues, must deeply understand the actual or likely impact of their decision on those with listed equality needs who are potentially affected. This means actively thinking about the three aims of the Public Sector Equality Duty (PSED) when making decisions.
The Public Sector Equality Duty (PSED)
The concept of "due regard" is enshrined in the Public Sector Equality Duty (PSED), which is part of the Equality Act 2010. This duty requires public bodies, and others carrying out public functions, to have "due regard" to the need to:
The Three Aims of Due Regard
- Eliminate unlawful discrimination, harassment, and victimisation: This involves identifying and removing practices that disadvantage people because of their protected characteristics.
- Advance equality of opportunity between people who share a relevant protected characteristic and those who do not: This means working to reduce inequalities and ensuring fair chances for everyone, actively considering barriers.
- Foster good relations between people who share a relevant protected characteristic and those who do not: This involves tackling prejudice and promoting understanding across different groups.
These aims must be considered in substance, with an open mind, and as an integral part of the decision-making process, not as an afterthought or a "tick-box" exercise.
Who Needs to Exercise Due Regard?
The Public Sector Equality Duty applies to a wide range of public authorities and bodies carrying out public functions, including:
- Government departments
- Local authorities
- NHS bodies
- Schools and universities
- Police forces
- Fire services
How Due Regard is Applied in Practice
Exercising due regard means more than just conducting an assessment; it means integrating equality considerations into the core of planning and operational activities. Practically, this involves:
- Understanding the Impact: Decision-makers must take reasonable steps to inquire into the issues, gathering sufficient information to understand the impact, or likely impact, of their decisions on those with listed equality needs. This includes both positive and negative effects.
- Proactive Consideration: Due regard must be exercised before a decision is made, not retrospectively. It must influence the shaping of policy and the delivery of services from the outset.
- Ongoing Duty: It's not a one-off event. Due regard is a continuing duty that applies throughout the lifecycle of a policy or service.
- Substantive Engagement: This means genuinely taking the equality considerations into account, weighing them against other relevant factors, and being able to demonstrate how they informed the final decision. It requires an active and conscious effort.
The Role of Equality Impact Assessments (EIAs)
Equality Impact Assessments are the primary tool used by public bodies to demonstrate they have paid "due regard" to the PSED. EIAs help systematically identify and assess the potential impact of a policy, project, or service change on different groups of people, particularly those with protected characteristics. An effective EIA is:
- Evidence-based: Relies on data, research, and consultation.
- Transparent: Findings and decisions are recorded and accessible.
- Influential: The assessment genuinely informs and shapes the final outcome.
Key Principles of Due Regard
- Proactive: Anticipate impacts before they occur.
- Integrated: Part of the routine decision-making process, not separate.
- Rigorous: Based on relevant and sufficient information.
- Accountable: Clear record of how due regard was exercised.
- Meaningful: Not just a procedural exercise, but a genuine consideration that can change outcomes.
Protected Characteristics
The Equality Act 2010 identifies nine protected characteristics:
| Protected Characteristic | Description |
|---|---|
| Age | A person belonging to a particular age group (e.g., 18-30 year olds) |
| Disability | A physical or mental impairment that has a 'substantial' and 'long-term' adverse effect on ability to carry out normal day-to-day activities. |
| Gender Reassignment | A person who is proposing to undergo, is undergoing, or has undergone a process to reassign their sex. |
| Marriage & Civil Partnership | Protection against discrimination for being married or in a civil partnership. |
| Pregnancy & Maternity | Protection during pregnancy and after giving birth. |
| Race | Includes colour, nationality, and ethnic or national origins. |
| Religion or Belief | Any religion, or lack of religion; any religious or philosophical belief. |
| Sex | Male or female. |
| Sexual Orientation | Heterosexual, gay, lesbian, or bisexual. |
Importance of Due Regard
Exercising due regard is crucial for several reasons:
- Legal Compliance: It's a statutory duty, and failure to comply can lead to legal challenge.
- Better Outcomes: Policies and services are more effective and inclusive when designed with diverse needs in mind.
- Public Trust: Demonstrates a commitment to fairness and equality, enhancing public confidence.
- Reduced Inequalities: Helps identify and address systemic disadvantages, leading to a more equitable society.
Practical Examples
- Designing a New Transport System: A local authority exercising due regard would consider how the new system impacts disabled people (e.g., accessibility of stations, carriages), older people (e.g., ease of access, seating), and parents with young children (e.g., space for buggies).
- Changing Library Opening Hours: Before making a decision, a council would assess how this affects people with caring responsibilities (who might only be able to visit at specific times), students (who rely on evening access), or those with mobility issues (who might need daytime access to avoid busy periods).
- Public Health Campaign: A health body designing a campaign on diet would consider cultural differences in food, literacy levels across various communities, and accessibility for visually or hearing-impaired individuals to ensure the message reaches and resonates with everyone.
