The EHRC has published an updated Code of Practice for organisations that provide public services and carry out public functions. This includes local authorities, such as us. The Code has guidance on how we should apply the Equality Act 2010 when we deliver services to the public.
As a council, we're reviewing this updated guidance to make sure that:
- our policies and practices continue to meet our legal responsibilities
- we support fair access to services for everyone in our communities
This is a complex area. We will need to consider any changes carefully. This includes planning, impact assessments and making sure that there are appropriate resources. We will take a proportionate approach and base our decisions on evidence. We will keep residents informed of any changes that may affect the services we provide. We appreciate your understanding whilst we undertake this work.
What has changed
The EHRC published the previous version of the Code in 2011. Equality law has developed since then and this update reflects this. Including court judgments and changes in legal interpretation.
One of the most significant updates follows the Supreme Court judgment in For Women Scotland Ltd. versus Scottish Ministers (2025). This clarified that, under the Equality Act 2010, the protected characteristic of sex means a person's biological sex. The EHRC has revised the code to reflect this legal ruling.
The Equality Act 2010 remains in force, and the updated Code does not remove existing legal protections. It intends to make it clearer how we should interpret and apply the law in practice.
What this means for residents
You can continue to expect:
- fair and respectful treatment when accessing our services
- protection from unlawful discrimination
- services designed to meet the needs of diverse communities
- our continued commitment to equality, diversity, and inclusion
The Equality Act 2010 remains in force, and the updated Code does not remove existing legal protections. It intends to make it clearer how we should interpret and apply the law in practice.
Our commitment
We recognise that discussions about equality legislation can raise a range of views and experiences. Our focus remains on delivering services that are:
- lawful
- accessible
- respectful
- responsive to the needs of all residents.
We will continue to review our policies. This will be in line with legal requirements and national guidance. We'll communicate any changes that directly affect our services.
Equality Impact Assessment
We've carried out an initial Equality Impact Assessment on the updates to the EHRC Code of Practice (PDF , 688KB)
We'll update this Equality Impact Assessment as we continue to consult and engage with:
- our staff
- our councillors
- the public
- other key partners
If you have any questions or would like to discuss this in more detail, please contact us by email.