Full Breakdown
Conservative Party Plans to Repeal Public Sector Equality Duty
6/9/2026, 8:58:00 AM
Kemi Badenoch Announces Intent to Scrap the Duty
In a speech scheduled for Tuesday, Conservative equality minister Kemi Badenoch will propose the complete repeal of the Public Sector Equality Duty (PSED), a legal requirement that obliges public bodies to consider how their decisions affect people with protected characteristics. Badenoch frames the move as the first step in a broader overhaul of the Equality Act, arguing the duty has become “a minefield that exposes almost every significant public decision to legal challenge.”
Historical Background and Legal Record
The PSED was introduced in 2010 as part of the Equality Act, consolidating earlier anti-discrimination statutes such as the Equal Pay Act and the Disability Discrimination Act. It requires public authorities to eliminate unlawful discrimination and to “advance equality of opportunity” for characteristics including age, disability, race, sex, sexual orientation, pregnancy and religion. Since its inception, the duty has underpinned several High Court rulings: in 2011 Somerset and Gloucestershire County Councils were found non-compliant when attempting to close libraries; in 2012 Devon County Council breached the duty over care-home fee settings; and a recent prison case was ruled to have disproportionately affected Muslim inmates, raising compensation claims.
Political Landscape and Stakeholder Positions
- Conservatives: A party press release claims the duty fuels “dangerous and divisive agendas,” citing the Bank of England’s decision to replace Winston Churchill on banknotes and police training that allegedly discourages uniform treatment.
- Labour: The government will publish a new equality and diversity strategy emphasizing socio-economic background as the primary driver of unequal opportunity, aiming to address the over-representation of affluent individuals in the civil service.
- Reform UK: Calls for the abolition of the entire Equality Act, arguing the PSED is insufficiently radical.
- Liberal Democrats: Marie Goldman MP describes the Conservative proposal as a “desperate attempt to fan the flames of culture-war politics.”
- Equality and Human Rights Commission (EHRC): Maintains the duty “is not a barrier” and helps public bodies design services for everyone.
Data and Statistics
- Introduced: 2010 (Equality Act).
- Legal challenges: at least three notable High Court cases (Somerset & Gloucestershire 2011, Devon 2012, prison case 2023).
- Approximately 100 care-home owners have previously argued fees were insufficient under the duty.
- The duty applies across England, Scotland and Wales to entities such as schools, hospitals, police, fire services and local councils.
Criticism and Opposition
Labour’s shadow equalities minister Claire Coutinho argues public services are “obsessing” over equality, forcing them to prioritize being seen as anti-racist rather than delivering core functions. Reform UK labels the Conservative plan “classic Conservative politics: too little, too late.” Ameer Kotecha, chief executive of the Centre for Government Reform, says the duty “warped Whitehall, turning recruitment and promotion into a box-ticking exercise while the actual job went undone.”
Conflicting Views and Gaps
Conservatives contend the PSED creates identity-based bureaucracy and legal risk; the EHRC and several public bodies assert it aids decision-making and does not impede service delivery. Neither side provides quantitative evidence to substantiate claims about overall impact on public outcomes, leaving the actual effect of the duty on service quality unclear.
Verbatim Quotes
- “We are going to scrap this duty altogether. We do not need to replace it. We need to explain to people that they should do their jobs.” — Kemi Badenoch, Conservative equality minister
- “From the Bank of England taking Winston Churchill off banknotes, to police training that tells officers not to treat people the same, public bodies are using PSED to advance dangerous and divisive agendas,” — Conservative Party press release
- “Most take it seriously and use the requirements of the PSED to design the best possible services for everyone.” — Equality and Human Rights Commission spokesperson
- “It is right to scrap the Public Sector Equality Duty entirely. I saw first-hand how it warped Whitehall, for example turning recruitment and promotion into a box-ticking exercise while the actual job went undone.” — Ameer Kotecha, Centre for Government Reform
What’s Next
Badenoch’s Tuesday speech will detail the proposed repeal and accompanying reforms. The Labour government is set to release the full civil-service equality strategy within weeks. An advisory paper by barrister Andrew Dinsmore on the PSED’s repeal is also expected shortly, signalling further debate over the future of equality legislation in the UK public sector.
