The Public Sector Equality Duty (PSED) in schools

Schools are required to comply with the PSED. Understand what that means and find out the information your school could publish to demonstrate compliance. You can also see examples from primary, secondary and special schools.

Last reviewed on 13 February 2024
School types: AllSchool phases: AllRef: 6099
Contents
  1. What is the Public Sector Equality Duty (PSED)?
  2. There are 3 main elements under the PSED
  3. What are protected characteristics? 
  4. How do schools demonstrate compliance with the PSED?
  5. Publishing employee data
  6. Show due regard to equality considerations
  7. Set equality objectives
  8. Where should this information be published?
  9. Examples from schools

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 Forbes Solicitors' experience, 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 of opportunity