Recommendation 8

The Equality Act 2010’s Public Sector Equality Duty is intended to ensure public authorities have due regard, including in their decision making, policies and service delivery, to achieving the Act’s objectives, which include the elimination of discrimination against groups of people who share a protected characteristic. The Equality and Human Rights Commission has published non-statutory technical guidance on the Duty. This provides public authorities with a detailed Unequal impact? Coronavirus, disability and access to services: full Report 43 and comprehensive guide to the law, but, while it can be admissible as evidence in the courts, it does not have its own legal authority. We believe disabled people’s experiences of public services during the pandemic make the case for a strengthening of the Public Sector Equality Duty, outweighing any concerns about additional burdens on authorities. The Government should consent to the Equality and Human Rights Commission issuing a statutory Code of Practice on the Public Sector Equality Duty.