The Public Sector Equality Duty (PSED) is the only provision within the law to fight such institutional discrimination.
The PSED is a legacy of the Stephen Lawrence Inquiry where it was found that the police were institutionally racist. The Race Equality Duty was brought into force to address institutional racism and advance good relations and equality of opportunity. This Duty was later extended to Disability under the Disability Equality Duty in 2006 and to Sex under the Gender Equality Duty in 2007.
In 2010, under the Equality Act 2010, the Duty was extended to age, sexual orientation, transgender, marriage and civil partnership, religion or belief and pregnancy and maternity. The duty is known as the Public Sector Equality Duty (PSED) and it came into force in April 2011.
Within one year of the duty coming into force the Government decided to review the psed. We may lose the only tool within the law for challenging and addressing institutional discrimination.
Help us save the psed and challenge institutional discrimination!
The Review Recommendations Published - PARTIAL VICTORY
A big thank you to all of you who signed ROTA’s petition on the Public Sector Equality Duty (PSED) and for supporting our campaign to save the PSED.
The independent Steering Group of the PSED review published its recommendations on 6thSeptember. Your voice and support has ensured there are no recommendations to remove the Public Sector Equality Duty. This is great news but we have not won yet!
The Steering Group has recommended that the government explore alternate means to judicial review to resolve disputes relating to the Equality Duty. The government has now launched a consultation: ‘Judicial Review: Proposals for Further Reform’. By removing or limiting the option of Judicial Review the right to enforce the Equality Duty will be severely weakened.
Furthermore, the recommendations seriously undermine the ‘specific duty’ to publish equality information, which exists to ensure transparency and demonstrate that public authorities are complying with the Equality Duty.
The campaign to save and strengthen the effectiveness of the Equality Duty must continue. We will contact you with what comes next in our campaign to save and strengthen the Equality Duty. Once again thank you for your support!
See here for recommendations of the review, the ministerial statement, and the NatCen qualitative research that informed the review.
See here for ‘Judicial Review: Proposals for Further Reform’.
London Councils' Equality In London Report
”The best public bodies will continue to consider equalities whether there is a legal duty to or not. The issue is whether this can be carried on effectively without a legal duty and whether those parts of the public sector who have not always considered equalities effectively would do so otherwise.” – Councillor Marie Pye, London Councils Lead Member for Equalities. Read the report here.
Legal challenge to ‘Go Home’ vans pilot
Equality Duty used to legally challenge Home Office’s ‘Go Home Vans’ pilot. Read EDF news report here.
Government accused of dismantling equity laws
Fawcett Society report says coalition has been reversing and dismantling equality laws. Read the article here.
Read the report here.