Equality isn’t optional: anchoring our leadership in law and duty

By Jess McGregor, ADASS President, and Nick Presmeg, ADASS Policy and Practice Trustee

Over recent months, in conversations with ADASS members across the country — in regional meetings, visits and online discussions — I’ve heard a shared commitment to equality and inclusion, but also a growing challenge. Many colleagues are asking how we continue to uphold these principles confidently and lawfully in varied local contexts. This reflection grows out of those conversations.

Public service is built on duty — to the law, to fairness, and to the people and communities we serve. In adult social care, this duty goes beyond words or sentiment: it is written into the very laws that govern our practice.

At a time when public life can feel polarised, it is important that we do not allow equality, equity and inclusion to be framed as political, contested or optional. These are statutory and professional responsibilities, not matters of preference. They form the foundation of how we serve, and of the trust placed in us as public leaders.

The Equality Act 2010, the Human Rights Act 1998, and the Care Act 2014 all set clear expectations of how we act, decide and lead. Together, they create a shared framework for equity, dignity and inclusion — principles that apply wherever and however we serve.

Under the Public Sector Equality Duty within the Equality Act, all public bodies must have due regard to three aims:

1. Eliminating discrimination, harassment and victimisation.
2. Advancing equality of opportunity between people who share a protected characteristic and those who do not.
3. Fostering good relations between people from different backgrounds.

This is not a choice or a policy preference. It is a statutory requirement that shapes how public services are designed, delivered and led.

But as many colleagues have observed, the legal framework sets the minimum standard, not the full measure of our ambition. The law provides the floor — it is through our practice, leadership and culture that we build the walls and the roof.

These duties are proactive as well as protective. They invite us to go further than compliance — to anticipate inequality, to design with inclusion in mind, and to lead in ways that actively promote fairness and inclusion. This means thinking ahead: identifying where barriers may exist, and working to remove them before they exclude. Equality requires foresight as much as it demands response.

Alongside it, the Human Rights Act places a duty on public authorities to uphold fundamental rights — including the right to dignity, autonomy, and respect for private and family life. These principles speak directly to the heart of adult social care: how we enable people to live lives of value and meaning, as equal citizens.

The Care Act 2014 translates equality into the language of practice. Its wellbeing principle requires that every decision we make — from assessment to commissioning — promotes a person’s dignity, independence, participation, and control over their life.

When we focus on personalisation, we advance equality of opportunity. When we work in partnership with individuals and communities, we foster good relations. And when we challenge barriers — whether structural, cultural or systemic — we act to eliminate discrimination in practice.

Equality in social care is not an abstract concept. It is something lived and realised through our daily work. It requires vigilance, reflection and courage — not just compliance.

The Public Services (Social Value) Act 2012 strengthens this further by asking us to consider the broader social, economic and environmental wellbeing of our communities in every commissioning decision. It places inclusion and justice at the centre of how public resources are used, and reminds us that every public pound carries both moral and legal purpose.

These duties are more than compliance obligations — they are anchors for leadership. They remind us that:

• Fairness and proportionality are legal as well as ethical imperatives.
• Equity requires understanding difference, not ignoring it.
• Inclusion is a practice, visible in how we listen, prioritise and deliver.

At times when public life feels complex, these legal frameworks offer us clarity and steadiness. They give every Director of Adult Social Services, and everyone working in our system, a common reference point: to act fairly, to uphold rights, and to advance equality through practice.

We do not need to search for a new vocabulary to justify this work — it is already defined for us, in law and in the principles of good governance. Our task is to bring those principles to life, consistently and confidently, in everything we do.

Equality is not a separate agenda. It is the framework through which good public service is delivered and good leadership is demonstrated. The laws that underpin our work — the Equality Act, the Human Rights Act, the Care Act, and the Social Value Act — give us both the permission and the responsibility to lead with fairness, respect and humanity.

The legal framework gives us a firm foundation, but leadership asks more of us: to turn duty into culture, and compliance into commitment.

Equality isn’t optional. It is the foundation of who we are as public servants, and the measure of how well we serve.