Improving equality practices at the Scottish Qualifications Authority

The SQA had not fully complied with their obligations under Regulation 5 of The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, which requires them to document Equality Impact Assessments of their reviewed policies and practices and to publish these Equality Impact Assessments.

We had established that the SQA was not routinely assessing the impact of its policies and practices against the three needs of the Public Sector Equality Duty, which requires public authorities to give due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different groups.

This is one of nine specific duties which help public authorities in Scotland meet the general equality duty.

Considering equality implications when making decisions isn’t a ‘nice to do’ for public bodies, it is a legal requirement to ensure that public institutions make better quality, robust decisions which work for everyone.

Section 23 of the Equality Act (2006) allows us to enter into an agreement where we believe an unlawful act or a failure to comply with the public sector equality duty has taken place.

In return for a commitment to progress an action plan and meet the public sector duty, we agree not to use our powers.

We worked with the SQA to sign an agreement with us, committing to improve its equality practices.

This agreement commenced on 21 September 2021 and ran for two years. It was monitored to ensure the agreed actions were completed.

The SQA has now completed the review of its outstanding Equality Impact Assessments. It has also developed training and guidance on completing such assessments and created a new governance structure for their routine completion.    

Having formally monitored delivery of the action plan, the EHRC is content that the SQA has met the terms of the agreement and will now be consistent in its conduct of Equality Impact Assessments.  

By signing this agreement, the SQA demonstrated its clear commitment to equality and to improving its practices. 

The agreement sends a clear message to other public bodies that considering the impact of their work on people from protected groups is critical in fulfilling their legal duties.