March 20th, 2024 by James Goudie KC

When a breach of the PSED under Section 149 of the Equality Act 2010 is alleged, a failure, without good reason, to follow the Equality and Human Right’s Commission Guidance can be evidence of breach of duty. A breach was found in R ( DXX ) v SSHD ( 2024 ) EWHC 579 ( Admin ). The Commission’s Guidance about equality evidence, and in particular the collection of statistical data, was not followed.

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