Equality and Diversity in Care: The Equality Act, Protected Characteristics and What CQC Expects
A provider’s guide to the law and the practice: what the Equality Act 2010 requires, how CQC tests it and what good evidence looks like in a care home or home care agency.
Equality in care means treating people fairly and giving everyone equal access to good care. Diversity means recognising and respecting that people differ in who they are and what matters to them. The Equality Act 2010 protects nine characteristics, and CQC’s Regulation 10 requires providers to have due regard to protected characteristics, not to discriminate, harass or victimise people, and to take account of them in meeting every other regulation.
Equality and diversity are easy to claim and hard to evidence. Most services have a policy and an annual training module. Inspectors ask different questions: how do you know a person’s religion is respected at mealtimes? What do you do when a resident’s family object to their same-sex partner? Do staff from minority backgrounds report being harassed, and what happened when they did?
This guide uses section 4 of the Equality Act 2010 and CQC’s Regulation 10 guidance. It covers people using your service and, briefly, your staff.
Key takeaways
- The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
- CQC says providers must not discriminate against, harass or victimise people because of those characteristics, including direct and indirect discrimination.
- Regulation 10 requires due regard to protected characteristics, and CQC expects you to take them into account across all other regulations, for example when meeting people’s preferences under Regulation 9.
- CQC cannot prosecute for a breach of Regulation 10 but can take regulatory action and must refuse registration if you cannot show you will comply.
- Evidence is about practice: individual care plans, staff behaviour, complaints and how you respond to discrimination.
In this guide
What Do Equality and Diversity Mean in Care?
Equality is about fairness: people should have an equal opportunity to access good care and not be disadvantaged because of who they are. Diversity is recognising that people differ, in culture, faith, language, sexuality, background and preferences, and that care should reflect those differences. Inclusion is making sure people feel welcome and able to take part.
What Does the Equality Act 2010 Require?
Section 4 lists the protected characteristics:
| Protected characteristic | Examples in a care setting |
|---|---|
| Age | Assumptions about what older or younger adults can do or want |
| Disability | Reasonable adjustments, accessible information, communication support |
| Gender reassignment | Using the right name and pronouns, privacy in personal care |
| Marriage and civil partnership | Recognising a spouse or civil partner equally |
| Pregnancy and maternity | Relevant mostly to staff and younger adults |
| Race | Language, culture, food, hair and skin care, racism from or towards residents |
| Religion or belief | Prayer, festivals, dietary rules, end of life wishes |
| Sex | Preferences about the gender of staff for personal care |
| Sexual orientation | Welcoming same-sex partners, avoiding assumptions about relationships |
The Act prohibits direct discrimination, indirect discrimination, harassment and victimisation, and requires reasonable adjustments for disabled people. It applies to services you provide to the public and to how you treat staff.
How Does CQC Test Equality and Diversity?
CQC’s Regulation 10 (dignity and respect) says a registered person must have due regard to any relevant protected characteristics of the service user, as defined in section 149(7) of the Equality Act. CQC’s guidance says people must not be discriminated against in any way and that providers must take account of protected characteristics. CQC lists eight characteristics in this guidance (it does not include marriage and civil partnership) and says providers must not discriminate, harass or victimise on those grounds, including direct and indirect discrimination.
It adds that providers must have due regard to people’s protected characteristics in the way they meet all other regulatory requirements, for example in care that reflects people’s preferences under Regulation 9. CQC cannot prosecute for a breach of Regulation 10 but can take regulatory action, and must refuse registration if it is not satisfied that a provider can and will comply. See what is dignity in care, person-centred care, the human rights approach and culturally appropriate care.
What Does Good Evidence Look Like?
| Area | Evidence inspectors find convincing |
|---|---|
| Care plans | Records of the person’s own faith, culture, language, relationships and preferences, and how they are met |
| Day-to-day practice | Observed respect: names, privacy, food, routines, activities that reflect different backgrounds |
| Information and communication | Information in formats and languages people can use; use of interpreters where needed |
| Staff | Training that goes beyond a module, supervision conversations, a record of how you handle discrimination and harassment |
| Complaints and incidents | A way to identify discrimination in complaints, incidents and feedback, and action taken |
| Governance | A policy, an annual review and equality considered at the governance meeting (how to run one) |
What About Staff and Recruitment?
The Equality Act also covers employment: recruitment, pay, training and harassment of staff. In a diverse workforce, discrimination or racism from residents or families is a real issue. Have a clear procedure for staff to report it, back them up and record what you did. See the recruitment file checklist.
How Can CQC Logic Help?
CQC Logic’s audit schedule tracker includes a pre-loaded annual Equality and Diversity audit linked to Regulation 17, with ratings, findings, actions and a re-audit date, so you can show it was reviewed and followed up. A policy register records your equality policy and its review date, and the complaint, incident and training records help you spot patterns. It supports your governance; it does not make your care inclusive on its own. See plans.
Sources: Equality Act 2010, section 4: The protected characteristics · CQC: Regulation 10, Dignity and respect
Evidence equality in practice, not just in policy
CQC Logic schedules your equality and diversity audit, records findings and tracks actions to closure, so you can show inspectors what you did. See a sample improvement plan, view pricing or get started free.
Frequently Asked Questions
What does equality and diversity mean in care?
Equality means fair treatment and equal opportunity to access good care. Diversity means recognising and respecting that people differ and reflecting those differences in the care you provide.
What are the nine protected characteristics?
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation, as listed in section 4 of the Equality Act 2010.
What does CQC say about equality and diversity?
Regulation 10 requires providers to have due regard to protected characteristics, and CQC’s guidance says people must not be discriminated against, harassed or victimised because of them. Providers must also take protected characteristics into account in meeting all other regulations.
Is discrimination in a care home against the law?
Yes. The Equality Act 2010 prohibits direct and indirect discrimination, harassment and victimisation against people using a service, and CQC can take regulatory action under Regulation 10.
What is a reasonable adjustment in care?
A change that removes a disadvantage a disabled person would otherwise face, such as accessible information, a different way of communicating or changes to the environment. The Equality Act requires reasonable adjustments for disabled people.
How do you evidence equality and diversity to CQC?
Through personalised care plans that record faith, culture, language and relationships, observed respectful practice, accessible information, staff training and supervision, a way to spot and act on discrimination, and an annual review at governance level.