Race equality duty 

 

In 2001, the Race Relations Act was amended to give public authorities a new statutory duty to promote race equality: this duty is commonly referred to as the race equality duty. The aim is to help all public sector organisations, authorities and institutions to provide fair and accessible services, and to improve equal opportunities in employment.

The legislation was necessary to ensure that members of the public receive the best from their public services. Previously, many public authorities were failing to address the problems of racial discrimination and inequality, as was highlighted by the inquiry into the murder of Stephen Lawrence.

The race equality duty helps to ensure that public authorities become accountable to the people they serve and allows everyone the opportunity to give their views about the services that affect them. It helps to further equality of opportunity and improve race relations.

Of course, the way in which public authorities carry out their functions and services can vary, but all public authorities need to take account of race equality.

The statutory code of practice on the duty to promote race equality gives practical guidance to public authorities on how to meet the general and specific duties to promote race equality.

For more details on the race equality duty download the duty document.

On this page

 

Race equality: general duty

Within the race equality duty, the general duty applies to all public authorities. It requires them to have due regard to the need to:

  • eliminate unlawful racial discrimination
  • promote equality of opportunity, and
  • promote good relations between persons of different racial
    groups.


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Race equality: specific duties

Under the race equality duty, public authorities have a specific duty to prepare a race equality scheme. This should set out the authority’s functions and policies, or proposed policies, that are assessed as relevant to its general duty to promote race equality. The scheme should also set out the authority’s arrangements for:

  • assessing and consulting on the likely impact of its proposed policies on the promotion of race equality
  • monitoring its policies for any adverse impact on the promotion of race equality
  • publishing the results of such assessments and consultation
  • ensuring public access to information and services that it provides
  • training staff in connection with the general and specific duties, and
  • reviewing the scheme every three years.

Education institutions and schools have different specific duties and are required to prepare and publish a race equality policy, rather than a race equality scheme. To find out more about specific duties for education institutions and schools, go to the ‘Education and training’ pages.


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Variations by country: Scotland

The specific duties introduced by the Race Relations Act came into full effect in Scotland on 30 November 2002.

However, under the race equality duty, specific duties for schools in Scotland are slightly different to those in England and Wales. In Scotland, education authorities, managers of grant-aided schools and boards of management of self-governing schools, are required to comply with the following specific duties:

1. Before 30 November 2002, they must have:

  • prepared a written statement of their policy for promoting race equality (the race equality policy)
  • put in place arrangements for fulfilling, as soon as is reasonably practicable, their duties under 4 below.

2. Such authorities shall:

  • maintain a copy of the statement and, in the case of an education authority, ensure that each school under its management maintains such a copy
  • fulfil those duties in accordance with such arrangements and, in the case of an education authority, ensure that each school under its management complies with the arrangements.

3. A race equality policy must apply to each school under an authority’s management.

4. It is the duty of such an authority to:

  • assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups including, in particular, the impact on attainment levels of such pupils
  • monitor, by reference to their impact on such pupils, staff and parents, the operation of such policies including, in particular, their impact on the attainment levels of such pupils.


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