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The Welsh Government has failed to comply with equality law, according to Great Britain’s statutory equality regulator.  

The Equality and Human Rights Commission (EHRC) identified several failures to comply with the Public Sector Equality Duty (PSED), which is a legal requirement under the Equality Act 2010.  

Specifically, the regulator identified that the Welsh Government has breached regulations 8 and 16 of the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011 (the Wales Regulations) and section 149 of the Equality Act 2010.  

How has the Welsh Government failed to comply?  

The Welsh Government did not show due regard to the three aims of the PSED when it made the decision to discontinue funding for free school meals (which it admitted during related legal proceedings). This represents a breach of section 149 of the Equality Act 2010.  

The Welsh Government has also failed to conduct and publish Equality Impact Assessments (EIAs) for many of its policies which were likely to have a substantial impact on its ability to comply with the PSED. This represents a breach of Regulation 8 of the Wales Regulations.

The law also requires the Welsh Government to publish an annual equality report by 31 March each year. For the reporting period January to December 2023, the Welsh Government failed to publish the report by the deadline of 31 March 2024, publishing 11 days later. This represents a breach of Regulation 16 of the Wales Regulations.  

What action is being taken?  

The EHRC has taken formal enforcement action in the form of a Section 23 legal agreement with the Welsh Government to improve its compliance with equality law.

The legally-binding agreement between the two parties sets out the actions the Welsh Government will take to ensure that there are no further breaches.  

Under the action plan, the Welsh Government will:  

• review current procedures and guidance relating to the PSED and EIAs
• deliver training on the PSED and EIAs to ministers, senior civil servants, special advisers, policy officials and other relevant staff  
• improve governance of PSED compliance, including the development of a quality assurance monitoring process for EIAs  
• develop guidance to help staff to complete EIAs and ensure PSED compliance  
• implement an internal communication plan to drive cultural reform and improve knowledge of equality law requirements  

The agreement was signed on behalf of the Welsh Government by the Permanent Secretary.

The action plan begins on Friday 21 November 2025 and is expected to conclude by Sunday 21 November 2027. The EHRC will monitor the Welsh Government’s compliance with the action plan.  

The formal enforcement action comes after extensive private engagement between the two parties. The regulator first wrote to the Welsh Government to express its concerns about PSED compliance in 2020 and monitored the issue in the following years. In 2023, the regulator held regular discussions with the Welsh Government regarding its failure to conduct and publish Equality Impact Assessments for many of its policies. In 2024, the EHRC recommended the Welsh Government enter into a Section 23 legal agreement which the Welsh Government agreed to do. 

John Kirkpatrick, Chief Executive of the EHRC, said:  

“We have engaged with the Welsh Government about instances of non-compliance with the Public Sector Equality Duty for several years. We recognise the hard work Welsh Government have put into this legal agreement so far. Once completed, it will ensure full compliance with the law and that the breaches we identified will not be repeated.

“The Public Sector Equality Duty exists to make sure public bodies are not treating people with protected characteristics differently because of their protected characteristics. It means that policy decisions or services can be put in place fairly for everyone with a full understanding of how different groups may be affected.

“Compliance with the Public Sector Equality Duty is not an optional afterthought for public authorities. It is the law and we will not hesitate to act when it is breached.”  

What is the Public Sector Equality Duty (PSED)?  

The PSED requires public authorities to consider equality issues in their day-to-day business. It consists of a general duty which applies across Great Britain, and specific duties which vary across England, Scotland and Wales.  

The general duty means public authorities must have due regard to the need to:  

• put an end to unlawful behaviour that is banned by the Equality Act 2010, including discrimination, harassment and victimisation  
• advance equal opportunities between people who have a protected characteristic and those who do not  
• foster good relations between people who have a protected characteristic and those who do not 

In Wales, specific duties include the need to carry out equality impact assessments and to produce an annual equality report by a certain deadline.

The Welsh Government failed to comply with both the general duty and some specific duties.  

Notes to Editors

• For media enquiries or interview requests, please contact the EHRC media team on media@equalityhumanrights.com or 0161 829 8102.  
• English and Welsh-speaking spokespeople are available for interview.  
• The Equality and Human Rights Commission is Great Britain’s national equality regulator and has been awarded an ‘A’ status as a National Human Rights Institution (NHRI) by the United Nations.
• Our job is to help make Britain fairer. We do this by safeguarding and enforcing the laws that protect people’s rights to fairness, dignity and respect.  
• The legal agreement between the EHRC and the Welsh Government is a Section 23 agreement under the Equality Act 2006.  
• More on how we use Section 23 Agreements is available to read on our website. Other recent examples include agreements with McDonald’s Restaurants, the Home Office and the Welsh Rugby Union.  
• The Welsh Government admitted that it had failed to show due regard to the three aims of the Public Sector Equality Duty in the legal case RLQ and SLQ v the Welsh Ministers.
• Read more about the Public Sector Equality Duty on the EHRC website, including the specific duties for devolved public authorities in Wales. 

Our letter to the Welsh government: Section 23 agreement