What is the Public Sector Equality Duty (PSED)?
The PSED was introduced by the Equality Act 2010 and applies to all state-funded schools, including maintained schools, academies, maintained nursery schools, and maintained special schools. This is because they are public bodies delivering a public service.
We asked Forbes Solicitors to clarify whether independent schools and non-maintained special schools are covered by the PSED. It advised us that these schools could be considered to be carrying out public functions and therefore be subject to the PSED. In the experience of Forbes Solicitors, independent schools do comply with the PSED.
If you are unsure whether or not the PSED applies to your school, you should seek legal advice that takes your specific context into account before deciding not to comply with the PSED.
There are 3 main elements under the PSED
Eliminate discrimination and other prohibited conduct Advance equality