The public sector equality duty (PSED), arising under section 149 of the Equality Act 2010, is the saviour of many otherwise doomed judicial reviews, and the bane of defendants who thought they had all bases covered. It would seem to make little sense to have to undertake an equality impact assessment (EIA) for every exercise of a Care Act function relating to an individual, e.g. every provision / budget decision for individuals, or every individual adult safeguarding decision. And let’s face it, no social worker does an EIA with every Care Act assessment. But how precisely do we explain this in legal terms? Read more »