https://www.gov.uk/government/publications/equality-act-2010-code-of-practice-for-services-public-functions-and-associations-2026
On 5 August 2026, a new statutory Equality Act (2010) Code of Practice for Services, Public Functions and Associations came into force, replacing the Code published in 2011.
The new Code explains how the law should now be understood following legislative changes and case law. I
• Neurodivergent conditions are explicitly recognised within the explanation of disability.
•Another change is to follow the Supreme Court judgment concerning the meaning of Sex within the Equality Act. Organisations will need to implement the updated guidance carefully, lawfully and humanely.
• It also gives greater attention to non-visible disabilities, coping strategies, fluctuating conditions, chronic fatigue, long Covid & menopause.
The duty to make reasonable adjustments is now very clearly described as ANTICIPATORY. Organisations should consider and remove potential barriers *before* an individual has to ask.
When identifying disadvantage and developing positive action, the Code explicitly points to consultation, & reviewing data for inclusion
Organisations are encouraged to be co-designed with people with lived expertise, to understand the causes of disadvantage & establish measurable outcomes, indicators and timescales
Note: There is an important scope distinction. This particular Code covers services, public functions & associations. It does not replace the separate provisions governing pupil education or employment. Education organisations must therefore understand which part of the Act (and which guidance) applies to each of their functions.
.
