What is the anticipatory duty? Equality Act duty explained for FE

Most people think of reasonable adjustments as a response to one person’s request. The anticipatory duty is different. It asks education providers to design their service with disabled learners in mind from the start.

What does the anticipatory duty in the Equality Act require?

In the education provisions of the Equality Act 2010, the duty to make reasonable adjustments is owed to disabled persons generally, not only to a named individual. Schedule 13 provides for this in relation to education providers. In practice that means a provider must consider in advance what barriers disabled learners are likely to meet and take reasonable steps to remove or reduce them.

The Equality and Human Rights Commission’s guidance for further and higher education gives examples such as making course information available in alternative formats, training staff, and making sure virtual learning environments work with assistive technology.

How does the anticipatory duty apply in FE and apprenticeships?

A college applies it when it designs enrolment, induction, teaching and assessment. Examples include accessible documents by default, captioned video, clear assignment briefs, a quiet space for assessment, flexible attendance routes and an accessible process for asking for support. Our guide to accessible teaching materials shows common steps.

Training providers delivering apprenticeships do the same for off-the-job training, reviews and assessment preparation. They also have to work with employers, because the workplace is often where the main barriers lie. The provider cannot put right the employer’s own duty, but it can plan ways to talk early about adjustments.

The anticipatory duty does not replace individual reasonable adjustments. Plans for one learner are still needed where general steps are not enough. See also the public sector equality duty, which asks bodies to consider equality in policy and design.

What is a common misconception about the anticipatory duty?

The commonest error is to say “no one has told us they need it”. The duty is not triggered by disclosure. A provider that waits until a learner discloses may already be late, because a disabled learner may not disclose for many reasons, including fear of stigma or lack of knowledge about what is on offer. Make the offer of support clear and easy to use for everyone.

Another misconception is that the duty creates a fixed checklist. The Act does not list specific steps. What is reasonable depends on the provider, the course, cost, practicality and effectiveness.

Where can you find the official source?

Read Schedule 13 of the Equality Act 2010 and the EHRC technical guidance for further and higher education on the Commission’s website. The Act does not use the label “anticipatory duty” in its text; the term describes how the duty is owed to disabled persons generally. Take professional advice on a particular situation, as this is general information only.