The National Youth Agency (NYA) recognises the publication of the updated draft Code of Practice on Services, Public Functions and Associations under the Equality Act 2010, laid before Parliament last week.
Produced by the Equality and Human Rights Commission (EHRC), the new Code provides essential guidance to organisations on how to meet their duties under the Equality Act 2010. This update replaces guidance issued in 2011 and reflects 15 years of legal, social and policy changes, including recent Supreme Court rulings.
Notably, the updated draft reflects clarification from the courts that, within the Equality Act, the protected characteristic of sex refers to biological sex. It also confirms that trans people continue to be protected under the separate characteristic of gender reassignment. It strengthens guidance across other protected characteristics, including disability, age, pregnancy and maternity, and reflects changes such as the legalisation of same‑sex marriage and recognition of menopause as a potential disability, where its impact is substantial and long-term.
The Code is expected to come into law on 3 Mehefin following parliamentary scrutiny.
NYA position
The updated Code of Practice represents a significant development for organisations delivering services compliant with the Equality Act 2010.
As the Professional, Statutory and Regulatory Body for youth work in England, the National Youth Agency is committed to ensuring that youth services are inclusive, safe and accessible for all young people, youth workers and volunteers. We welcome the intention behind the updated Code to provide clearer, more up-to-date guidance for organisations across the country. Clear and practical guidance is essential for youth workers, who support diverse communities of young people while navigating increasingly complex legal and safeguarding responsibilities.
It is important that we take the time to fully understand and work through what this means in practice.
Youth work is rooted in inclusion and equity, and we remain steadfast in our commitment to upholding the dignity, rights and needs of all young people and the youth workers who support them. We recognise that these developments will have an impact on LGBTQ+ communities, particularly trans young people, as well as the wider sector, and we promote an inclusive, rights-based approach to practice that considers the needs of all communities across different settings. Hate, discrimination or exclusion on the grounds of any protected characteristic must never be tolerated.
We will be working closely with young people, sector partners, subject matter experts and legal advisers to develop practical guidance that supports implementation in real-world youth work settings. This work builds on existing dialogue with sector leaders around equity, equality, diversity, inclusion and belonging in youth work, and we will bring clarity on how the sector can comply with the updated Code by the time it comes into law. We recognise the sector’s need for clear, timely information and are committed to providing guidance as quickly as possible, while ensuring it is accurate and applicable in practice. At the same time, we recognise there may be immediate questions or concerns. Practitioners can contact our Safeguarding and Risk Management Hub for support.
Beyond advising the sector, as champions of youth work, we are also calling for sustained investment to ensure the implementation of these changes does not limit opportunities for young people. Inclusive provision must be properly resourced to remain viable and accessible. Without this, there is a real risk that activities become harder and more costly to deliver, more limited in scope, or out of reach for those who would benefit most.
”Youth services sit at the heart of inclusive communities, supporting young people to feel physically and psychologically safe, respected and able to thrive. The updated Code of Practice is an important step in providing clearer guidance for organisations, and it is vital that we take the time to understand the changes and help youth workers navigate them with confidence.
“We must ensure that every young person and youth worker can access services and work in environments that uphold their rights, dignity and wellbeing. Good youth work is rooted in equity, and that principle must underpin everything we do, protecting and respecting both individuals and communities.
“We would welcome continued dialogue with the Government and the EHRC to support effective implementation of the Code of Practice and ensure the unique context of youth work is fully understood.”
Leigh Middleton OBEChief Executive, National Youth Agency
Please note: The Office for Equality and Opportunity have stated that organisations should continue to follow the law as clarified by the Supreme Court, taking specialist legal advice if needed.
