Schools, hospitals and police could soon be freed from a legal duty to consider equality in their decisions, if Conservative leader Kemi Badenoch gets her way. The Public Sector Equality Duty, or PSED, is a legal requirement introduced under the Equality Act 2010 that obliges public bodies in England, Scotland and Wales to have “due regard” to eliminating unlawful discrimination and advancing equality of opportunity for people with protected characteristics such as age, disability, race, pregnancy, sex and sexual orientation. Badenoch argues the duty has led to “institutionally incompetent” public services that worry more about being seen as racist than about doing their jobs properly, and she has pledged to scrap it as “the first step” in a programme to “restore common sense”. The Labour government, meanwhile, has promised a new strategy focused on getting working-class people into the civil service, while Reform UK wants to go further and scrap the entire Equality Act.
The PSED was created by the Equality Act 2010, which brought together previous anti-discrimination laws. It applies to bodies including local councils, the NHS, schools, the police, and even the Bank of England. Supporters say it ensures public services think proactively about fairness and do not inadvertently discriminate. Critics, like Badenoch, say it has been used to advance “dangerous and divisive agendas”, citing examples such as the Bank of England’s decision to replace historical figures on banknotes with animals, which she claims was driven by equality considerations. (The bank says it was responding to a public consultation.) The duty does not require positive discrimination or treating some groups better than others, but requires public bodies to consider how their decisions affect different groups.
“Explains the Public Sector Equality Duty, Badenoch's plan to scrap it, and what it means for UK public services.”
For UK readers, this matters because the PSED affects nearly every interaction with public services—from how a school allocates places to how the police handle stop-and-search. If scrapped, public bodies would no longer have a legal duty to consider equality when making decisions. The Conservative proposal is part of a broader debate about “identity politics” and whether efforts to promote equality have gone too far. Badenoch says the duty is being “perverted” and used as a “sword” rather than a shield. Labour has strengthened equality protections since coming to power, while Reform UK wants to abolish the entire Equality Act. The outcome could shape how public services operate for years.
Q: What does the Public Sector Equality Duty actually require public bodies to do? The duty requires public bodies to have “due regard” to three aims: eliminating unlawful discrimination, advancing equality of opportunity between people who share a protected characteristic and those who do not, and fostering good relations between different groups. This means they must consider how their policies and decisions affect people based on characteristics like age, disability, race, sex and sexual orientation.
Q: Why does Kemi Badenoch want to scrap it? She argues that the duty has made public bodies “institutionally incompetent”, more focused on avoiding accusations of racism than on performing their core functions. She says it has led to some groups being “preferred over others” and that the law should be a “shield, not a sword”. Badenoch claims “modern Britain is the least racist country on Earth” and that overcorrection has introduced discriminatory rules.
Q: What would happen if the duty is repealed? Public bodies would no longer be legally required to consider equality when making decisions. The Equality Act would still protect individuals from discrimination, but the proactive duty to promote equality would be removed. Badenoch says she does not plan to replace the duty, simply telling people to “do their jobs”. The Conservatives say this would end “identity politics” in public services.
What happens next is uncertain. Badenoch’s proposal is a policy commitment, not current law—the Conservatives are in opposition. Labour has not indicated it will scrap the duty. The debate has been fuelled by recent high-profile cases, including the murder of Henry Nowak, where police response raised questions about equality policies. The next general election, due by 2029, will decide whether the proposal becomes reality.