The Public Sector Equality Duty (PSED) is a legal obligation placed on public bodies in Great Britain to consider how their policies, practices, and decisions impact equality. It is a vital part of the Equality Act 2010, designed to ensure that public authorities and organisations carrying out public functions actively consider how they can improve society and promote equality in every aspect of their day-to-day business. This proactive approach aims to build a fairer society by embedding equality considerations into the core functions of public services.
Core Aims of the Public Sector Equality Duty
The PSED requires public authorities to have due regard to three specific aims when exercising their functions. These are often referred to as the "three aims" or "limbs" of the duty:
- Eliminate unlawful discrimination, harassment, and victimisation: This means taking proactive steps to prevent and address unfair treatment based on protected characteristics.
- Advance equality of opportunity: Public bodies must consider how they can reduce inequalities and improve opportunities for people from different groups. This involves removing barriers and encouraging participation.
- Foster good relations: This aim requires public authorities to work towards building understanding between people who share a protected characteristic and those who do not, promoting cohesion and respect.
Who Does the PSED Apply To?
The Public Sector Equality Duty applies to a wide range of public bodies and organisations carrying out public functions. This includes, but is not limited to:
- Central Government Departments
- Local Authorities (councils)
- The National Health Service (NHS)
- Schools, Colleges, and Universities
- Police Forces
- Fire and Rescue Services
- Prisons
- Public transport providers
- Any other organisation exercising functions of a public nature
Protected Characteristics
The PSED requires consideration of individuals with certain protected characteristics, as defined by the Equality Act 2010. These characteristics are:
- Age
- Disability
- Gender Reassignment
- Marriage and Civil Partnership (in relation to the aim to eliminate discrimination)
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
Practical Implementation and Examples
Meeting the Public Sector Equality Duty is not merely a box-ticking exercise; it requires a genuine and proactive approach. Public bodies must demonstrate that they have due regard to the aims of the duty, meaning they consider the impact on equality before, and not after, a decision is made.
Here are key aspects of practical implementation:
- Equality Impact Assessments (EIAs):
- Public bodies often conduct EIAs when developing new policies, reviewing existing services, or making significant decisions.
- These assessments help to identify potential positive or negative impacts on people with different protected characteristics and inform adjustments to mitigate adverse effects.
- Example: Before implementing a new transport policy, a local council would assess its impact on disabled people (accessibility), older people (affordability, ease of use), and different racial groups (access to specific areas).
- Data Collection and Monitoring:
- Collecting data on service users, staff, and the wider community, broken down by protected characteristic, helps identify disparities and inform interventions.
- Example: An NHS trust might monitor waiting times and health outcomes by ethnicity or disability to ensure equitable access to care.
- Setting Equality Objectives:
- Specific public bodies are required to publish measurable equality objectives at least every four years. These objectives outline how they plan to meet the PSED.
- Example: A police force might set an objective to increase the diversity of its recruitment pool to better reflect the local community.
- Engaging with Communities:
- Consulting with individuals and groups representing diverse communities helps public bodies understand lived experiences and tailor services more effectively.
- Example: A housing authority might hold regular forums with tenants from different ethnic backgrounds to understand their specific housing needs and concerns.
- Training and Awareness:
- Ensuring staff understand the PSED and its implications for their roles is crucial for embedding equality into daily operations.
Key Benefits of Adhering to PSED
| Aspect | Benefit |
|---|---|
| Improved Services | Policies and services are more inclusive, relevant, and effective for all members of the community. |
| Better Decision-Making | Decisions are more robust and legitimate, considering a broader range of perspectives and impacts. |
| Enhanced Public Trust | Demonstrates commitment to fairness and equality, leading to greater confidence in public institutions. |
| Legal Compliance | Reduces the risk of legal challenges, fines, and reputational damage for non-compliance. |
| Stronger Communities | Fosters greater social cohesion and reduces inequalities, benefiting society as a whole. |
Due Regard and Proportionality
The concept of "due regard" means that public authorities must consciously consider the PSED aims in their decision-making. It doesn't mean equality considerations must always override other factors, but they must be given proper weight and consideration. The level of regard required is proportionate to the relevance of the duty to the function being exercised and the potential impact on equality.
For more detailed guidance, refer to resources from the Equality and Human Rights Commission (EHRC).
