Equality Act 2010, section 1

Public sector duty regarding socio-economic inequalities

Part 1 Socio-economic inequalities

(1)An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.

(2)In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued [F1in accordance with subsection (2A)F1] .

[F2 (2A)The guidance to be taken into account under subsection (2) is—

(a)in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers;

[F3 (aa)in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers;F3]

(b)in any other case, guidance issued by a Minister of the Crown.F2]

[F4 (3)The authorities to which this section applies are—

(a)a Minister of the Crown;

(b)a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Head-quarters;

(c)a county council or district council in England;

(d)the Greater London Authority;

(e)a London borough council;

(f)the Common Council of the City of London in its capacity as a local authority;

(g)the Council of the Isles of Scilly;

F5(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)a [F8 police and crime commissionerF8] established for an area in England.F4]

[F4 (3)The authorities to which this section applies are—

(a)the Scottish Ministers;

(b)Food Standards Scotland;

(c)Keeper of the Registers of Scotland;

(d)National Records of Scotland;

(e)Revenue Scotland;

(f)Scottish Courts and Tribunals Service;

(g)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(h)an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;

(i)a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;

(j)a Special Health Board constituted under section 2(1)(b) of that Act;

(k)Scottish Police Authority;

(l)Highlands and Islands Enterprise;

(m)Scottish Enterprise.F4]

[F9 (n)Scottish National Investment Bank p.l.c.;

(o)South of Scotland Enterprise.F9]

[F10 (3A)This section also applies to the following authorities—

(a)the Welsh Ministers;

(b)a county council or county borough council in Wales;

[F11 (ba)a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;F11]

(c)a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

(d)an NHS Trust established under section 18 of the National Health Service (Wales) Act 2006;

(e)a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 other than a cross-border Special Health Authority (within the meaning of section 8A(5) of the National Health Service (Wales) Act 2006);

(f)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales;

(g)a National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales;

(h)the Welsh Revenue Authority or Awdurdod Cyllid Cymru.F10]

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The reference to inequalities in subsection (1) does not include any inequalities experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act 1999.

Cases considering section 1 4

Susanne Girdler, R (on the application of) v Caerphilly County Borough Council

[2026] EWHC 2213 (Admin) · 21 August 2026Interprets

The court treated the socio-economic duty as requiring attention to the effects of the strategy on socio-economically disadvantaged groups and to the balance of positive and negative consequences (see paras [60]; [63]-[65]; [87]-[93]). The court applied the duty to have due regard to exercising functions in a way designed to reduce inequalities of outcome arising from socio-economic disadvantage (see paras [63]; [87]-[90]). The court confirmed that the Welsh Ministers’ statutory guidance had to be taken into account and found that the integrated assessments referred to and addressed it (see paras [63]; [91]-[92]).

ST, R (on the application of) v Carmarthenshire County Council

[2026] EWHC 2038 (Admin) · 4 August 2026Limits

Interpreted as imposing the socio-economic duty for strategic decisions and requiring due regard to reducing inequalities of outcome. (see paras [22], [89], [92]) Applied to test whether the Council had due regard to reducing inequalities of outcome caused by socio-economic disadvantage. (see paras [89], [95]-[99]) Interpreted as requiring guidance to be taken into account, but not as creating a separate substantive duty where section 1(1) was discharged. (see para [92]) Applied to identify the statutory framework for guidance on fulfilling the socio-economic duty. (see paras [22], [92]) Applied to identify Welsh Ministers’ guidance as the guidance relevant to devolved Welsh functions. (see paras [22], [92])

Lowri Evans, R (on the application of) v Aneurin Bevan University Local Health Board & Ors

[2025] EWHC 1518 (Admin) · 19 June 2025

Applies the socio-economic duty in assessing the equality challenge. The court found that the decision-makers were entitled to balance possible disadvantage against the benefits of reducing unmet need (see paras [34], [243]-[245]).

What each judgment says about section 1 is in the case-law panel in the full Act.

Explanatory note

23.This section requires specified public bodies, when making strategic decisions such as deciding priorities and setting objectives, to consider how their decisions might help to reduce the inequalities associated with socio-economic disadvantage. Such inequalities could include inequalities in education, health, housing, crime rates, or other matters associated with socio-economic disadvantage. It is for public bodies subject to the duty to determine which socio-economic inequalities they are in a position to influence.

24.The duty applies to the listed public bodies, which have strategic functions – these include Government departments, local authorities and NHS bodies. In addition, the duty applies to other public bodies which work in partnership with a local authority to draw up the sustainable community strategy for an area, when they are drawing up that strategy. These partner public bodies are specified in the Local Government and Public Involvement in Health Act 2007.

25.Public bodies are required to take into account guidance issued by a Minister of the Crown when deciding how to fulfil the duty.

26.The duty does not require public bodies to consider how to reduce inequalities resulting from people being subject to immigration control.

27.This is a new provision.

All the explanatory notes for the Act

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F1Words in s. 1(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 38(3), 72(7)
  2. F2S. 1(2A) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 38(4), 72(7)
  3. F3S. 1(2A)(aa) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 45(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(i)
  4. F4S. 1(3) substituted (S.) (1.4.2018) by The Equality Act 2010 (Authorities subject to the Socio-economic Inequality Duty) (Scotland) Regulations 2018 (S.S.I. 2018/101), regs. 1, 2(2)
  5. F5S. 1(3)(h) omitted (E.W.) (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 55(2), Sch. 5 para. 181(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  6. F6S. 1(3)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 55(2), Sch. 5 para. 181(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  7. F8Words in s. 1(3)(k) substituted (22.11.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 99, Sch. 16 para. 381; S.I. 2012/2892, art. 2(a)(i)
  8. F9S. 1(3)(n)(o) inserted (26.11.2020) by The Scottish National Investment Bank p.l.c. and South of Scotland Enterprise (Miscellaneous Listings) Regulations 2020 (S.S.I. 2020/403), regs. 1, 2(2)
  9. F10S. 1(3A) inserted (E.W.) (30.3.2021) by The Equality Act 2010 (Authorities subject to a duty regarding Socio-economic Inequalities) (Wales) Regulations 2021 (S.I. 2021/295), regs. 1, 2
  10. F11S. 1(3A)(ba) inserted (3.12.2021) by The Equality Act 2010 (Authorities subject to a duty regarding Socio-economic Inequalities) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1351), regs. 1(2), 2
  11. F12S. 1(4) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(g), 115(3)(k)
  12. F13S. 1(5) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 100(2)(g), 115(3)(k)

Commencement

  1. I1S. 1 in force at 31.3.2021 for specified purposes for W. by S.I. 2021/298, art. 2(a) text for certain specified purposes only, see the commentary.
  2. I2S. 1(1)-(3)(6) in force at 1.4.2018 for S. by S.S.I. 2017/403, art. 2(1)(a)(2) [Editorial note: art. 2(2) of the commencement order provides that, for the avoidance of doubt, s. 1(3) is commenced as originally enacted]