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The public sector equality duty: section 149 of the Equality Act 2010
The public sector equality duty is a rule in section 149 of the Equality Act 2010. A public authority must, in the exercise of its functions, have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations (Equality Act 2010, section 149, subsection 1). It also binds a person who is not a public authority but who exercises public functions, when exercising those functions (Equality Act 2010, section 149, subsection 2). This guide goes through the three aims, who is covered, the exceptions, the specific duties set by regulations in England, Scotland and Wales, and how the duty is enforced.
This guide summarises the sources it cites; it is not legal advice. The official texts are the reference.
The three aims of section 149
Section 149(1) sets out the three things a public authority must have due regard to. Subsections 3 and 5 say what the second and third involve (Equality Act 2010, section 149, subsections 3 and 5). The duty is about the need to do these things; the text does not say that an authority must reach any particular result.
| Aim | What section 149 says | Source |
|---|---|---|
| Eliminate discrimination | Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act. | Equality Act 2010, section 149, subsection 1(a) |
| Advance equality of opportunity | Between people who share a relevant protected characteristic and people who do not. It involves removing or minimising disadvantages connected to the characteristic, taking steps to meet needs that are different, and encouraging participation where it is disproportionately low. | Equality Act 2010, section 149, subsection 1(b); Equality Act 2010, section 149, subsection 3 |
| Foster good relations | Between people who share a relevant protected characteristic and people who do not. It involves tackling prejudice and promoting understanding. | Equality Act 2010, section 149, subsection 1(c); Equality Act 2010, section 149, subsection 5 |
Which protected characteristics are covered
The relevant protected characteristics are age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual orientation (Equality Act 2010, section 149, subsection 7). Marriage and civil partnership, which is a protected characteristic in section 4 of the Act, is not on this list (Equality Act 2010, section 4; Equality Act 2010, section 149, subsection 7). The first aim refers to conduct prohibited by or under the Act, and subsection 8 says that includes a breach of an equality clause or rule or of a non-discrimination rule (Equality Act 2010, section 149, subsections 1 and 8).
For disability the Act adds a sentence of its own: the steps involved in meeting the needs of disabled people that are different from the needs of people who are not disabled include, in particular, steps to take account of disabled people’s disabilities (Equality Act 2010, section 149, subsection 4). And subsection 6 says that complying with the duty may involve treating some people more favourably than others, but that is not to be taken as permitting conduct that would otherwise be prohibited (Equality Act 2010, section 149, subsection 6). How the Act defines disability is in the guide to the Equality Act 2010.
Who has to follow the duty
A public authority, for this purpose, is a person specified in Schedule 19. Part 1 of the Schedule lists public authorities generally, Part 2 the relevant Welsh authorities and Part 3 the relevant Scottish authorities (Equality Act 2010, section 150, subsections 1 and 2). An authority listed without any qualification is subject to the duty for all of its functions; one listed for certain functions is subject to it only for those (Equality Act 2010, section 150, subsections 3 and 4). A public function is a function of a public nature for the purposes of the Human Rights Act 1998, and that is what brings in a private body doing public work (Equality Act 2010, section 150, subsection 5; Equality Act 2010, section 149, subsection 2).
| Area | Examples in the Schedule | Source |
|---|---|---|
| Government | A Minister of the Crown; a government department other than the Security Service, the Secret Intelligence Service and GCHQ. | Equality Act 2010, Schedule 19, Part 1 |
| Local government | A county council, district council or parish council in England; a London borough council; a fire and rescue authority for an area in England. | Equality Act 2010, Schedule 19, Part 1 |
| Health | NHS England; an integrated care board; an NHS trust; an NHS foundation trust; the Care Quality Commission. | Equality Act 2010, Schedule 19, Part 1 |
| Education | The governing body of an educational establishment maintained by an English local authority, and of a further or higher education institution in England; the proprietor of an Academy; the Office for Students. | Equality Act 2010, Schedule 19, Part 1 |
| Police | A chief constable of a police force maintained under section 2 of the Police Act 1996; a police and crime commissioner; the Commissioner of Police of the Metropolis. | Equality Act 2010, Schedule 19, Part 1 |
| Transport | High Speed Two (HS2) Limited; Network Rail Limited. | Equality Act 2010, Schedule 19, Part 1 |
The Schedule is long and is changed by orders and by other Acts, so the list on legislation.gov.uk is the one to check. A Minister of the Crown, the Welsh Ministers and the Scottish Ministers can amend their parts of it by order (Equality Act 2010, section 151, subsections 1 to 3).
Exceptions in Schedule 18
Section 149(9) brings in Schedule 18, which lists the exceptions (Equality Act 2010, section 149, subsection 9). They are few.
| Paragraph | Exception | Source |
|---|---|---|
| 1: children | Section 149, so far as it relates to age, does not apply to providing education to pupils in schools, benefits, facilities or services to pupils in schools, or accommodation and services in community homes and certain other children’s residential establishments. | Equality Act 2010, Schedule 18, paragraph 1 |
| 2: immigration | For immigration and nationality functions, the second aim does not apply to age, to race so far as it relates to nationality or ethnic or national origins, or to religion or belief. | Equality Act 2010, Schedule 18, paragraph 2 |
| 3: judicial functions | Section 149 does not apply to a judicial function, or to a function exercised on behalf of, or on the instructions of, a person exercising one. | Equality Act 2010, Schedule 18, paragraph 3 |
| 4: persons and functions outside subsection 2 | Subsection 2 does not apply to the House of Commons, the House of Lords, the Scottish Parliament, the National Assembly for Wales, the General Synod of the Church of England, the Security Service, the Secret Intelligence Service and GCHQ, or to functions in connection with proceedings in the legislatures. | Equality Act 2010, Schedule 18, paragraph 4 |
What “due regard” means in practice
The statute does not define due regard. The Equality and Human Rights Commission, whose technical guidance for England was last revised in August 2014, says that having due regard means consciously considering the need to do the things in the duty when making decisions and in day-to-day activities (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 2.19). How much regard is due depends on the circumstances and on how relevant the aims are to the decision: the greater the relevance and the potential impact, the higher the regard required (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 2.20).
The guidance lists six principles from the court case R (Brown) v Secretary of State for Work and Pensions [2008] EWHC 3158, which it says courts have accepted in later cases. In short: the people taking decisions must know about the duty; it has to be considered before and at the time a decision is taken, not justified afterwards; it must be applied in substance, with rigour and with an open mind, not by ticking boxes; it cannot be delegated; it is continuing; and keeping a record of the consideration is good practice (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 2.21). The Court of Appeal approved those principles in Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 and added that a body must assess the risk and extent of an adverse impact before adopting a policy (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 2.22). Limited resources do not excuse an authority from complying (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 2.23). This guide describes what the Commission’s guidance says; it is not a view on how a court would decide a particular case.
The specific duties in England, Scotland and Wales
Section 149 is the general duty. Section 153 lets a Minister of the Crown make regulations that impose further duties on the authorities in Part 1 of Schedule 19, for the purpose of enabling better performance of the general duty; the Welsh Ministers can do the same for Part 2 and the Scottish Ministers for Part 3 (Equality Act 2010, section 153, subsections 1 to 3). The Equality Act 2010 (Specific Duties) Regulations 2011, which applied in England, were revoked on 31 March 2017 by the 2017 Regulations (Specific Duties and Public Authorities Regulations 2017, regulations 1 and 9; Equality Act 2010, section 153, subsection 1).
| Where | Regulations and what they cover | Source |
|---|---|---|
| England | Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017. Each public authority listed in Schedule 2 to the Regulations must publish information to demonstrate its compliance with section 149(1), at intervals of not greater than one year; the part of that information about its employees does not apply if it has fewer than 150 employees. It must also publish one or more equality objectives, which must be specific and measurable, at intervals of not greater than four years, in a manner accessible to the public. | Specific Duties and Public Authorities Regulations 2017, regulations 4 to 6 |
| England, gender pay gap | An authority listed in Schedule 2 that has 250 or more employees on the snapshot date, which is 31 March in the year the information relates to, must publish its gender pay gap information within the period of 12 months beginning with the snapshot date. | Specific Duties and Public Authorities Regulations 2017, Schedule 1, paragraphs 1 and 2 |
| Scotland | Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012: duties to report on mainstreaming the equality duty, publish equality outcomes, assess and review policies, gather employee information, publish gender pay gap and equal pay statements, and consider procurement. | Specific Duties (Scotland) Regulations 2012, contents |
| Wales | Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011: equality objectives, Strategic Equality Plans, reports on compliance, pay and action plans, and public procurement. | Statutory Duties (Wales) Regulations 2011, contents |
The regulations change from time to time, so read the current text for the authority in question.
How the duty is enforced
Section 156 says that a failure to perform a duty imposed by or under this Chapter of the Act does not confer a cause of action at private law (Equality Act 2010, section 156). That means a person cannot bring a claim for damages in the courts just because the duty was not performed. Other routes exist. The Equality and Human Rights Commission may assess the extent to which, or the manner in which, a person has complied with the duty (Equality Act 2006, section 31, subsection 1). Its guidance adds that, after an assessment, it can issue a compliance notice, and that a failure to comply with the general duty can be challenged by a claim for judicial review in the High Court, brought by a person or group with an interest in the matter or by the Commission (EHRC technical guidance on the public sector equality duty (England, 2014), paragraphs 7.4 to 7.8).
For the specific duties, the guidance says that judicial review is not available and that they are enforced by a compliance notice; a failure to comply with them may still be used as evidence of a failure to comply with the general duty (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 7.9). That guidance is dated 2014 and describes the 2011 regulations, so check the current law before relying on it.
The duty and Braillito Maps
The duty is about how an authority decides things, not about the state of one building. Braillito Maps is a free community map that answers ten questions about each place: step-free entrance or ramp, wide doorway, accessible toilet, accessible parking, tactile paving, braille signage, braille menu, audible signals, guide dogs welcome and a quiet environment.
Each question is answered yes or no, or stays without data until someone knows. A yes means that someone who went reported it; it is not an assessment of whether a place, or an authority, meets the Equality Act. If a place is missing, add it with its answers; if what a place says is wrong, it can be reported.
Frequently asked questions
What is the public sector equality duty?
A duty in section 149 of the Equality Act 2010 for a public authority, when exercising its functions, to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations (Equality Act 2010, section 149, subsection 1).
Who has to follow it?
A public authority specified in Schedule 19 (Equality Act 2010, section 150, subsection 1), and a person who is not a public authority but who exercises public functions, when exercising them (Equality Act 2010, section 149, subsection 2). A public function is one of a public nature for the purposes of the Human Rights Act 1998 (Equality Act 2010, section 150, subsection 5).
Does it cover disability?
Yes. Disability is one of the relevant protected characteristics, and the section says that meeting the needs of disabled people includes steps to take account of their disabilities (Equality Act 2010, section 149, subsections 4 and 7).
Does it cover marriage and civil partnership?
It is not on the list of relevant protected characteristics in subsection 7, although marriage and civil partnership is a protected characteristic under section 4 (Equality Act 2010, section 149, subsection 7; Equality Act 2010, section 4).
Can a person sue a public authority for breaching it?
Section 156 says a failure to perform the duty does not confer a cause of action at private law (Equality Act 2010, section 156). The Commission can assess compliance (Equality Act 2006, section 31, subsection 1), and the EHRC guidance describes judicial review as a route to challenge the general duty (EHRC technical guidance on the public sector equality duty (England, 2014), paragraph 7.8).
Is it the same as the duty to make reasonable adjustments?
No. The duty to make reasonable adjustments is in section 20 and is owed to disabled people by the people and bodies it applies to (Equality Act 2010, section 20, subsections 2 to 7); section 149 is a duty to have due regard to three aims when exercising functions. The reasonable adjustments duty is in its own guide.
More accessibility guides
- Equality Act 2010: the nine protected characteristics, how disability is defined, the kinds of discrimination the Act prohibits, where it applies and how a claim begins.
- Equality Act reasonable adjustments: the three requirements of section 20, why the duty is anticipatory, who pays, and what a shop, restaurant or service can change in its building.
- Accessibility laws by country: the ADA, the UK Equality Act, the Accessible Canada Act, Australia’s DDA and the EU rules, and what each covers.
- Universal design: the seven principles, with an example from a building for each.
- Accessible restaurants: what to check before you go: the entrance, the tables, the restroom, the menu and service animals.
- Guide dogs: how they work, where they can go under the ADA, and how to act around one.
- Accessibility symbols: what the wheelchair symbol means, where it is required and the other access symbols.
- All accessibility guides
Sources
Every figure in this guide comes from one of these official texts, which we read in October and November 2026.
- Equality Act 2010, section 149: public sector equality duty. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010, section 150: public authorities and public functions. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010, section 4: the protected characteristics. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010, section 156: enforcement. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2006, section 31: public sector duties, assessment. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010: Technical Guidance on the Public Sector Equality Duty, England. Equality and Human Rights Commission, last revised August 2014; read 1 November 2026.
- Equality Act 2010, section 20: duty to make adjustments. UK Parliament, on legislation.gov.uk, text in force, read October 2026.
- Equality Act 2010, Schedule 19: public authorities. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010, section 151: power to specify public authorities. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010, Schedule 18: public sector equality duty, exceptions. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- Equality Act 2010, section 153: power to impose specific duties. UK Parliament, on legislation.gov.uk, text in force, read 1 November 2026.
- The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 (S.I. 2017/353). UK Government, on legislation.gov.uk, text in force, read 1 November 2026.
- The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (S.S.I. 2012/162). Scottish Government, on legislation.gov.uk, table of contents, read 1 November 2026.
- The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 (W.S.I. 2011/1064 (W. 155)). Welsh Government, on legislation.gov.uk, table of contents, read 1 November 2026.
Braillito Maps
Find places with ramps, accessible toilets or tactile paving near you in Braillito Maps
In Braillito Maps, every place answers ten questions: step-free entrance or ramp, wide doorway, accessible restroom, accessible parking, tactile paving, braille signage, braille menu, audible signals, guide dogs welcome and a quiet environment. It is built by the people who need it, and every place gets a score out of ten.
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