The public sector equality duty is a special duty that means most public authorities (like government departments, local authorities, police forces and NHS hospitals) have to:

• eliminate discrimination, harassment and victimisation  
• make sure people with a protected characteristic have the same opportunities as other people

This means that public authorities should:

• remove or minimise any disadvantages you might have because of your mental health problem
• take steps to meet the needs of people with mental health problems that are different from the needs of people who don’t
• take steps to encourage people with mental health problems to get involved in public life or any activity in which their participation is disproportionately low.

The public sector equality duty applies in addition to their duty not to discriminate against you.

If you think an organisation is not following its public sector equality duty then you should get legal advice as soon as possible.

You can make a complaint using the complaints procedure of that organisation and you may also be able to challenge the decision or act of the organisation by taking a judicial review challenge.

This information was published in August 2019. We will revise it in 2021.