Welsh Government enters legally binding agreement with watchdog following equality compliance failures

The action comes after the Welsh Government accepted in a recent legal case that it had failed to comply with the Public Sector Equality Duty (PSED) when it made a decision to discontinue funding for free school meals.

In a letter to the Welsh Government sent on Friday (21 November), EHRC chief executive John Kirkpatrick set out an agreed action plan for the Welsh Government to address the non-compliance.

The plan will see the implementation of a new PSED and Equality Impact Assessments (EIAs) training programme for officials at all levels of government, including ministers and senior civil servants.

It also commits the Welsh Government to develop guidance for officials to complete EIAs and ensure PSED compliance, as well as improve the governance of PSED compliance, including the development of a quality assurance monitoring process for EIAs.

A section 23 agreement is a legally binding agreement that the equality regulator can enter into under the Equality Act 2006.

By agreeing to a section 23 agreement, an organisation commits to not breaching equality law.

The EHRC first wrote to the Welsh Government detailing its concerns about compliance with the PSED in 2020.

It has held regular discussions with the Welsh Government since then to seek ways to improve compliance.

In January 2024, the Welsh Government conceded that it had failed to show due regard to the three aims of the Public Sector Equality Duty in RLQ and SLQ v the Welsh Ministers.

The Welsh Government breached regulations 8 and 16 of the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 (the Wales Regulations) and section 149 of the Equality Act 2010, the regulator noted.

Breaking down the individual breaches, the regulator said: "The Welsh Government did not show due regard to the three aims of the PSED when it made the decision to discontinue funding for free school meals (which it admitted during related legal proceedings). This represents a breach of section 149 of the Equality Act 2010.

"The Welsh Government has also failed to conduct and publish Equality Impact Assessments (EIAs) for many of its policies which were likely to have a substantial impact on its ability to comply with the PSED. This represents a breach of Regulation 8 of the Wales Regulations.

"The law also requires the Welsh Government to publish an annual equality report by 31 March each year. For the reporting period January to December 2023, the Welsh Government failed to publish the report by the deadline of 31 March 2024, publishing 11 days later. This represents a breach of Regulation 16 of the Wales Regulations."

As a result of its concession and further evidence of non-compliance, the EHRC wrote to the Welsh Government in July 2024 to offer the opportunity to enter into a legally binding section 23 agreement.

The agreement, which has now been reached, "reflects both organisations' commitment to strong and sustainable action that will ensure the Welsh Government complies with its legal duties", Kirkpatrick said in his letter.

He added: "Our organisations' shared aim is that the action plan will address our concerns and demonstrate the Welsh Government's commitment to comply with its legal obligations under the Equality Act 2010. This agreement, and delivery of the action plan, provide the opportunity for the Welsh Government to demonstrate its leadership on this agenda and to embed equality into its decision-making processes."

The action plan began on 21 November 2025 and is expected to conclude by November 2027. The EHRC will monitor the Welsh Government's compliance with the action plan.

The Welsh Government has been approached for comment.

Adam Carey