IMPORTANT NOTICE: LEX NEGATA LTD is an independent consultancy. We do not provide regulated legal advice or operate as a law firm.
Service Detail

Equality Act & Reasonable Adjustments Framework

Strengthening public sector decision-making to ensure active, recorded compliance with the Public Sector Equality Duty (PSED) and statutory duty to make reasonable adjustments.

Service Overview

Under the Equality Act 2010, local authorities must comply with the Public Sector Equality Duty (PSED) whenever they formulate policies or make decisions about individuals. This requires "due regard" for the need to eliminate discrimination, advance equality of opportunity, and foster good relations.

Crucially, this duty cannot be delegated, and compliance must be demonstrated on the record. If a funding panel reduces care hours or restricts services without documenting its consideration of the user's protected characteristics or their specific need for reasonable adjustments, the decision is vulnerable to judicial review.

We assist organisations by designing custom decision-making frameworks, equality screening checklists, and panel templates that guide decision-makers to systematically evaluate and document compliance.

The Challenges We Address

  • Undocumented "Due Regard": Resource allocation decisions that are made without recorded evidence that panel members considered equality impacts.
  • Adjustment Omissions: Failure to explicitly identify, assess, and document potential reasonable adjustments for disabled service users.
  • Inadequate Equality Impact Assessments: EIAs that are treated as retrospective "box-ticking" exercises rather than active components of the decision process.
  • Carer-by-Association Gaps: Overlooking statutory duties owed to carers under the Equality Act, leading to unstable support plans.

Our Equality Solution

We implement structured panel protocols and decision templates that prompt decision-makers to address the Equality Act at the point of action.

Key Deliverables Provided:

  • PSED Panel Checklists: Step-by-step decision aids.
  • Reasonable Adjustments Matrix: Operational templates.
  • Governance Guidance Notes: Clear procedural instructions.
  • Audit & Screening Tools: Quick-check compliance sheets.
Typical Duration: 4–6 weeks
Investment Guide: Enquiry-based (Scope-aligned)
Design Stages

Framework Methodology

1
Week 1

Initial Process Review

We review your current resource allocation panels, decision-making logs, and existing Equality Impact Assessment (EIA) templates to map gaps.

2
Weeks 2-3

Drafting & Template Customisation

Design custom decision logs and PSED checks, ensuring they prompt panel members to address reasonable adjustments at the point of action.

3
Week 4

Testing & Refinement

Run mock case reviews with key coordinators using the new framework to ensure practical integration and usability.

4
Weeks 5-6

Delivery & Implementation

Deliver the finalized frameworks, supply clear governance guidance notes, and host a briefing session for senior panel leads.

Service FAQs

Equality Act FAQs

Judicial review case law (such as the Brown Principles) establishes that PSED compliance must be exercised before and at the time a decision is made. Retrospective assessments are frequently criticized by courts as trying to justify a decision after the fact, rendering the decision procedurally invalid.
Reasonable adjustments apply to how services are accessed and delivered. If an eligibility panel relies on rigid criteria without considering whether adjustments are needed to accommodate a disabled person's specific communication, cognitive, or physical requirements, they risk violating statutory duties.
Yes. We regularly audit Panel Terms of Reference and operational constitutions. We restructure them to ensure that statutory duties—such as the duty to avoid discrimination and promote equality—are built directly into the panel's decision-making criteria.

Ready to Strengthen Your Organisation’s Compliance?

Schedule a confidential 30-minute discovery call to discuss your service vulnerabilities, audit needs, or training requirements.

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