Equalities watchdog warns Government departments of PSED duties

The move comes in the wake of a legal agreement the regulator entered into with the Welsh Government over PSED compliance failures relating to a decision to discontinue funding for free school meals.

Writing in the letter, EHRC Chief Executive John Kirkpatrick said he hoped to build "positive collaborative relationships" with departments to help compliance, but will take enforcement action where necessary "as we have done recently with the Welsh Government".

Under the PSED, public authorities have a legal obligation to consider the likely equality impact of their policies, identify actions to address any negative equality implications, and monitor equality impacts on an ongoing basis.

He wrote: "As Britain's equality law regulator, we support the UK government's commitment to embed equality and opportunity in all its work. Key policies, such as the Government's 'NHS Fit for the Future' mission or it's SEND reforms, must benefit from thorough equality consideration.

"Compliance with the Public Sector Equality Duty is an effective way of achieving this and that is why the EHRC is reminding government departments of their legal obligations under the PSED. Fulfilling these obligations will help the Government to achieve its own stated mission of breaking down barriers to opportunity.

"It is especially important that departments think carefully about the likely equality impacts as they develop new policies, to proactively identify potential problems and take action to ensure they do not impact anyone unfairly." 

Kirkpatrick also set out how it will monitor UK government departments' compliance with the PSED over the coming year.

Steps include reviewing evidence that ministerial departments have published equality information annually, as they are obliged to do, as well as specific measurable equality objectives.

The EHRC also said it will engage with departments responsible for developing equality-related policy and programmes which require particularly robust compliance. 

The EHRC revealed last month that it had signed a legally-binding Section 23 agreement and agreed a formal action plan with the Welsh Government, to address its non-compliance with the PSED. 

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.

Adam Carey