Executive summary and action required

1. NHS England has produced a Specific Equality Duties (SED) Review Report to clearly demonstrate how NHS England met our statutory requirements under the Equality Act 2010’s Public Sector Equality Duty (PSED) and the associated SEDs between 1 April 2025 and 31 March 2026. Responsibility for compliance with these legal duties rests with the Board and is considered in a public Board meeting. The collective input from the Executive was sought prior to submission of these papers to the Board.

2. Central to the statutory requirements is the duty, placed on NHS England, to publish equality information annually. The SED Review Report meets this annual publication requirement and is divided into 5 main parts and 2 appendices.

1. Part 1 provides an overview of the report and explains how it demonstrates that NHS England is meeting the PSED and the SEDs.
2. Part 2 summarises how NHS England met the existing SEDs on gender pay gap reporting and overviews work undertaken by HR OD in relation to non-statutory pay gap reporting.
3. Part 3 assesses progress, between April 2025 and March 2026, against the 8 equality objectives and targets approved by the Board in May 2025.
4. Part 4 provides information on strategic equality work undertaken by teams with a corporate responsibility for equality programmes and initiatives across NHS England.
5. Part 5 explains how recent and planned major legislative and NHS reforms impact on NHS England’s 2026/27 equality objectives and targets. In light of the intended abolition of NHS England and the transfer of relevant functions to the Department of Health and Social Care (DHSC), part 5 reports on progress against the 4 recommendations approved by the Board in May 2025.
6. Appendix 1 explains how NHS England’s proposed equality objectives and targets for 2026/27 compare with those set for 2025/26 and provides a rationale for any proposed changes.
7. Appendix 2 sets out 8 equality objectives and associated targets for 2026/27.

Action required:

3. The Board is asked to take the actions set out below.

1. To note the publication of NHS England’s pay gap reports, published in March 2026, in relation to statutory Gender Pay Gap reporting and non-statutory pay gap reporting in relation to disability, ethnicity and sexual orientation.
2. To note the progress assessment in furtherance of equality objectives 1 to 8 and the associated equality targets during 2025/26 (SED report: part 3).
3. To note the strategic work undertaken during 2025/26 by key teams to advance equality of opportunity (SED report: part 4).
4. To endorse the recommendations for 2026/27 which balance meeting PSED/ SED requirements whilst taking a flexible approach and working in partnership with the DHSC (part 5).
5. To note that a clear rationale has been provided in appendix 1 for any amendments to either equality objectives and/or targets for 2026/27.
6. To endorse and approve the equality objectives and targets for 2026/27 (SED report: Appendix 2).
7. To note that the equality objectives and targets for 2026/27 (see SED Report, Appendix 2) are likely to represent the final set agreed by NHS England as a separate statutory body.
8. To agree that, should the Equality (Race and Disability) Bill receive Royal Assent during 2026/27, joint planning between NHS England and the DHSC should be undertaken to support compliance across both organisations and the wider NHS.
9. To approve the SED Review Report at this Public Board meeting.

Background / issue and context

4. In May 2025, the Board agreed 8 equality objectives and associated targets for 2025/26. These have now been reviewed in light of progress achieved during 2025/26 and the proposed integration of NHS England into the DHSC in 2027/28. Consideration has also been given to the wider NHS reform programme; and emerging and anticipated legislative change affecting equality and human rights.

5. As part of this review, each responsible national director has signed off the relevant progress assessments and the proposed equality objectives and targets for 2026/27, as set out in Appendix 1 of the SED Review Report. The overall report has been considered by the Chief Nursing Officer and the Director General for People and has received legal and publication clearance.

6. Compliance with the PSED and SEDs are statutory obligations. Part 5 of the SED Review Report proposes how NHS England should navigate the challenges in relation to setting strategic equality objectives and targets for 2026/27, working in partnership with the DHSC. There have been discussions with the DHSC team responsible for the DHSC’s SED/PSED compliance report about the recommendations and they are content.

Considerations and recommendations

7. The Equality and Human Rights Commission (EHRC), as the regulator of the Equality Act 2010, continued to emphasise the importance of demonstrable PSED compliance, particularly in relation to major government policy and reform.

8. In November 2025, the EHRC signalled a shift away from programme‑level scrutiny towards a strategic equalities assessment of government departments, including the DHSC. In doing so, the EHRC highlighted the expectation that significant government activity—such as the NHS 10‑Year Health Plan—should be informed by a thorough understanding of the differing needs of the populations affected.

9. The approach set out in the SED Review Report reflects this regulatory emphasis and demonstrates NHS England’s continued commitment to meeting its statutory duties while taking a proportionate and forward‑looking approach in what is likely to be its final full year as a separate legal entity.

10. There are no additional financial costs arising from the proposed objectives and targets, as delivery will be supported through existing programmes. Each equality objective is supported by either 1 focused target or 2 focused targets, achieving an appropriate balance between statutory compliance, proportionality, and organisational capacity.

11. The review of the equality objectives and targets was undertaken by the policy team that leads on that area. This assessment considered what was achieved during 2025/26, key developments during 2025/26 and planned legislative changes on the horizon for 2026/27. A central consideration was also the planned transition of NHS England into the DHSC in 2027/28. The aims are to ensure that NHS England continues to maintain an appropriate focus on PSED and SED compliance in what may be its final financial year as a legal entity separate from the DHSC.

12. The Board is asked to take the actions cited in paragraph 3.

Interdependencies and wider implications

13. In the last pay gap report, published in March 2026, NHS England has committed to continuing to monitor and report pay gaps during the DHSC integration, supported by targeted workforce actions and stronger governance. This includes embedding pay gap metrics in decision‑making, and using data and staff insight to inform workforce planning and mitigate inequality impacts.

14. The equality targets are designed to deliver measurable impact against each of the 8 equality objectives, contributing to the advancement of equality of opportunity and the reduction of health inequalities. The objectives and associated work support delivery of the NHS 10‑Year Health Plan and a range of wider NHS strategies.

15. Meeting PSED and SED requirements remains a statutory obligation. Compliance is central to the principles of good governance and the requirements of the NHS Standard Contract (SC13). Publication of the SED Review Report in June 2026 will meet the statutory requirement to publish equality information within 12 months of the previous publication.