Compliance with the Equality Act 2010 when commissioning independent advocacy
Published: October 2014
Updated: March 2015
Public sector equality duty
Local authorities must pay due regard to the public sector equality duty when commissioning advocacy services.
To ‘pay due regard’ means that when making decisions a local authority:
must consciously consider the need to do the things set out in the general equality duty: eliminate discrimination, advance equality of opportunity and foster good relations.PSED technical guidance p 19
is fulfilled before and at the time a particular policy that will or might affect people with protected characteristics is under consideration as well as at the time a decision is taken. Due regard involves a conscious approach and state of mind.PSED technical guidance p 20
The protected characteristics are:
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- religion or belief
- sex and sexual orientation.
Paying due regard
- As a commissioner, you should identify the advocacy needs of people who share protected characteristics in the local authority.
- You should undertake analysis of access to, experiences of and outcomes from current advocacy provision and use this analysis to inform your commissioning of future advocacy provision.
- You should ensure contracts with providers are designed in such a way as to meet the advocacy needs of people who share protected characteristics.
- You should include in contracts requirements on providers to monitor access to, experience of and outcomes from service provision for people who share protected characteristics.
- You should engage with users of advocacy services who share protected characteristics and with organisations representing people who share protected characteristics to identify issues regarding access to, experience of and outcomes from commissioned advocacy services for these groups.
All SCIE resources are free to download, however to access some of the following downloads you will need a free MySCIE account:
- Care Act 2014: Commissioning independent advocacy
- At a glance summary of Care Act 2014: Commissioning independent advocacy
- Easy read summary of Care Act 2014: Commissioning independent advocacy