What does the public sector equality duty mean for rent arrears?
Due regard, at the time, recorded — or it cannot be shown.
Section 149 of the Equality Act 2010 requires a body exercising public functions to have due regard to eliminating discrimination, advancing equality of opportunity and fostering good relations, when it makes a decision. In arrears, that means considering the effect of recovery action on people with protected characteristics before taking it — and being able to show you did.
| Statute | Equality Act 2010, s.149 |
|---|---|
| What it requires | Due regard, in substance and with rigour, at the time the decision is made |
| What it does not require | A particular outcome. It is a duty to consider, not a duty to decide a certain way |
| Related duties | s.15 discrimination arising from disability, s.20 reasonable adjustments, and Article 8 proportionality for public authority landlords |
| Evidence | Contemporaneous. Regard shown only in a document written after the decision carries very little weight |