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• 01 Nov 2024

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  This duty is unlikely to impact on decisions made in respect of individual children, but will be relevant where the LA is taking strategic decisions such as when reviewing the arrangements made both by the LA and governing bodies of maintained schools for CYPs with ALN (under s.63 ALNET), making arrangements for providing people with information and advice (under s.9 ALNET) making arrangements for the resolution of disagreements (under s 68 ALNET).

  Sections 1-3 of the EqA 2010 (though not in force in England) have been in force in Wales since 31 March 2021. The socio-economic duty in s 1 EqA applies to the Welsh Ministers, LAs and NHS bodies: Equality Act (Authorities subject to the Socio-economic Inequality Duty (Wales) Regulations 2021) and it requires them have due regard to “the desirability of exercising [their functions] in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage” when they are making “decisions of a strategic nature.”

  The Welsh Ministers’ Statutory Guidance says that: “In general, strategic decisions will be those which affect how the public body fulfils its intended statutory purpose (its functions in regards to the set of powers and duties that it uses to perform its remit) over a significant period of time and will not include routine ‘day-to-day’ decisions.” Those subject to the duty must consider this guidance when deciding how to fulfil the duty under s 1 EqA (ss 2 and 2A EqA).

  Particular decisions in respect of individuals are unlikely to meet the definition of a “strategic decision” but Nodi thinks that the duty is likely to apply when LAs are making broader decisions in respect of funding, provision, or in respect of matters of policy, which would overlap with the situations in which the duty to have regard to the Conventions applies.

  More: 01.11 What is meant by the duty to have “due regard” to the UNCRC and UNCRPD under ALNET?

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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