MLegal supports the statement issued by the Discrimination Law Association on the Public Sector Equality Duty (PSED).
The PSED plays an important role in public decision-making by requiring public authorities to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations when exercising their functions. It helps ensure that equality considerations are addressed at the appropriate stage of decision-making, particularly where policies, service changes, or budget decisions may affect groups protected under equality law.
As the DLA’s statement makes clear, the PSED is a duty to consider. It does not dictate particular outcomes, require absolute equality in every circumstance, or prevent public authorities from implementing decisions that may have adverse equality impacts. Rather, it requires decision makers to properly understand and conscientiously assess those impacts before decisions are finalised.
As an organisation committed to advancing human rights and equality through legal and policy research, strategic advocacy, and community engagement, MLegal recognises the importance of legal frameworks that promote accountability and ensure that equality considerations are not overlooked.
As members of the Discrimination Law Association, we welcome this clarification of the purpose, scope, and continuing importance of the Public Sector Equality Duty.
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Read the full statement by DLA below:
FOR IMMEDIATE RELEASE
The Public Sector Equality Duty: A Duty to Consider
Discrimination Law Association Statement
The Discrimination Law Association (DLA) has issued a statement to clarify the purpose, scope and importance of the Public Sector Equality Duty (PSED), following widespread public commentary that has misunderstood its nature.
Public authorities make decisions every day that affect people’s housing, education, health, social care, policing, transport, and access to public services. The Public Sector Equality Duty is a legal mechanism that requires these bodies to consider equality when making such decisions. Consistent statistical evidence continues to demonstrate the systemic disadvantages experienced by individuals within protected characteristic groups.
The duty applies to public authorities and certain organisations when they carry out public functions. In exercising those functions, they are required to have due regard to three key aims:
In practice, this means public bodies must ask appropriate equality-related questions at the correct stage of decision-making. They must consider whether proposed policies, budget reductions, service changes, or individual decisions could impact groups protected under equality law, including disabled people, women, racial and religious minorities, older and younger individuals, pregnant women, and LGBT people.
Where equality considerations are relevant, public authorities must gather sufficient information to understand potential impacts. These impacts must then be conscientiously assessed before decisions are finalised.
However, the duty has important limits. It does not:
The Discrimination Law Association emphasises that the duty plays a vital role in embedding equality considerations into everyday governance and public administration. It ensures that decision-makers address potential disadvantage proactively, rather than after harm has occurred.
Furthermore, the duty provides individuals, communities and equality organisations with a mechanism to challenge decisions where equality considerations have been overlooked or treated as secondary. The PSED originates from concerns highlighted in the Stephen Lawrence Inquiry, addressing systemic inequalities within public institutions.