DCLG to revise best value guidance over 'gold-plating' of public sector equality duty

The Department for Communities and Local Government has launched a consultation on a proposal to revise the best value statutory guidance and stress that authorities should not ‘gold plate’ the public sector equality duty contained in the Equality Act 2010.

This followed a 2013 review of the PSED which “found too many public bodies adopting a formulaic, ‘tick-box’ approach to equality considerations regardless of the size or nature of the contracts they tender”, the consultation paper said. The review recommended a more proportionate approach to compliance with the duty.

The DCLG has revised the Best Value Statutory Guidance to take into account that recommendation and updated it as well to take into account the Public Services (Social Value) Act 2012.

The revised guidance says that authorities should not impose contractual requirements on private and voluntary sector contractors, over and above the obligations in the 2010 Act.

“Local authorities should seek to minimise unnecessary paperwork and obstacles to contract compliance, thereby making it easier for small and medium firms and the voluntary sector to apply and bid for contracts, and lowering costs to taxpayers,” it adds.

The DCLG has also proposed that the guidance should be revised to make it clear that councils should not give grants to organisations that promote extremism or division in society.

The consultation closes on 20 March 2015. To access the consultation paper, click here.