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Conservative leader Kemi Badenoch plans to call for the removal of the legal requirement that public institutions such as schools and hospitals must promote equality in their decision-making processes. In an upcoming speech, Badenoch is expected to argue that the Public Sector Equality Duty has been misused to advance what she describes as “dangerous and divisive agendas.” She further contends that the duty has evolved into a complex obstacle, exposing many significant public decisions to potential legal challenges.
The Public Sector Equality Duty, established through the Equality Act of 2010, obliges public bodies in England, Scotland, and Wales to eliminate unlawful discrimination and to foster equality of opportunity among individuals with protected characteristics. These include factors such as age, disability, race, pregnancy, sex, and sexual orientation. The legislation was designed to simplify and unify earlier anti-discrimination laws and has been enforced by allowing organizations or individuals to seek legal action against public bodies that do not comply. For instance, courts have previously found Somerset, Gloucestershire, and Devon County Councils in breach of this duty concerning decisions affecting libraries and care home fees.
Badenoch’s proposal to abolish the Public Sector Equality Duty comes as the Conservative Party aims to differentiate its stance from Labour, which is set to introduce a new equality and diversity strategy focused on improving recruitment and progression for working-class individuals within the civil service. The Labour government plans to address socio-economic disparities, emphasizing the reduction of over-representation of affluent backgrounds in government roles and ensuring inclusivity for working-class and regional voices without demanding conformity in behavior or language.
Responses to Badenoch’s announcement have been mixed. The Equality and Human Rights Commission defended the duty, stating it is intended to help public authorities make informed decisions considering the impact on all affected groups and is not an impediment to their work. Meanwhile, Reform UK criticized the Conservatives’ approach as inadequate, and the Liberal Democrats viewed the intended speech as an attempt to stir culture war tensions rather than addressing pressing issues like the NHS and the economy
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