Representation
Targets
Are diversity targets legal in UK policing? Institutional legal analysis of the boundaries between workforce planning and unlawful discrimination.
Snippet Goal: Are Police Representation Targets Legal?
Representation targets are legal as aspirational workforce planning tools, but illegal as fixed quotas.
Under the Equality Act 2010, police forces may set aspirational targets to address documented underrepresentation. These targets serve as strategic goals to guide outreach and support. However, they must not dictate individual selection outcomes. Fixed quotas that bypass merit to guarantee a demographic result are generally unlawful.
Governance Red-Line: The distinction lies in the "Must". If a target mandates the selection of a minority candidate regardless of comparative score, it is unlawful. If it triggers targeted recruitment to widen the applicant pool, it is a lawful exercise of the Public Sector Equality Duty (PSED).
The Representational
Imperative
The tension between operational meritocracy and representative legitimacy is perhaps the most significant governance challenge facing UK police leadership in 2026. As policing becomes increasingly professionalized, the imperative to reflect the communities it serves has led to intense scrutiny of the "Representation Gap."
Workforce data shows a persistent lag between police demographics and the general population, particularly in specialist units and senior leadership.
High-profile initiatives like the "Race Action Plan" have explicitly called for accelerated representation, raising questions about the legal limits of intervention. This creates a scrutiny loop where "Targets" are often conflated with "Quotas," creating anxiety for the workforce and unrealistic expectations for community stakeholders.
Trust Depletion
Historical issues impacting recruitment from specific community sectors.
Pathway Opacity
Informal networks making specialist roles harder to access for outsiders.
Aspiration
vs Mandate
In legal proceedings, the terminology used determines lawfulness. The UK system distinguishes between "Strategic Aspiration" and "Mandated Outcomes."
Aspirational Targets
Non-binding workforce planning tools. They define the direction of travel and trigger targeted outreach, but have no impact on individual selection.
Fixed Quotas
Mandatory percentage outcomes. Reserving posts or using automatic advancement mechanisms is generally unlawful direct discrimination.
Section 13 of the Equality Act prohibits treating a person less favourably because of a protected characteristic. A quota, by its nature, treats non-protected candidates less favourably based on identity rather than merit, creating immediate legal liability.
PSED &
Brown Principles
The Public Sector Equality Duty (PSED) is a duty of Process, not Outcome. It mandates "Conscious Steering"—the requirement for decision-makers to actively analyze equality impacts before implementing policy.
The Brown Principles
Public authorities must collect and analyze data rigorously. A target is only defensible if it is based on evidence of actual disadvantage and implemented as a proportionate means of achieving a legitimate aim.
Case law, such as Furlong v Cheshire Police, confirms that diversity aspirations cannot override merit. All positive action triggers require candidates to be assessed as 'equally qualified' before identity can be used as a tie-breaker.
Target
FAQS
? Are police quotas legal in the UK?
Generally, no. Fixed quotas that bypass merit to guarantee a demographic outcome are unlawful under Section 13 of the Equality Act 2010. However, aspirational targets used for workforce planning and outreach are lawful.
? Can a force reserve promotion spots for minority candidates?
No. Reserving promotion spots based on protected characteristics is a form of positive discrimination and is unlawful. Selection must remain merit-based.
? What is the difference between a target and a quota?
A target is an aspirational goal or strategic aim used for workforce planning. A quota is a fixed number or percentage that must be met, often regardless of individual merit. In the UK, targets are lawful under the PSED, but quotas are not.
? Are diversity targets mandatory for police forces?
While not strictly 'mandatory' in the sense of a fixed KPI, the Public Sector Equality Duty (PSED) requires forces to have 'due regard' to the need to advance equality. Setting targets is a standard way to demonstrate this due regard.
? What does the PSED require from police forces?
The PSED requires public authorities to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups. It mandates a process of conscious consideration of equality in decision-making.
? Can representation targets override merit in selection?
No. The Equality Act 2010 provides no mechanism for identity to override merit. The only narrow exception is the Section 159 tie-breaker, which only applies when candidates are of equal merit.
? Is the tie-breaker rule a form of quota?
No. The tie-breaker rule (Section 159) is a proportional means of choosing between candidates who are already determined to be of equal merit. It does not mandate a set number of outcomes.
? Can officers challenge a representation target?
Yes. Public authority policies, including equality targets, are subject to Judicial Review. If a target is found to be irrational, disproportionate, or implemented as a de facto quota, it can be overturned.
? Do targets apply to specialist training courses?
Targets can be set for participation in training. However, the allocation of places must still follow a fair and transparent process, usually based on operational need and individual merit.
? Can forces set percentage-based recruitment goals?
Yes, provided they are aspirational. A force can aim for 20% minority recruitment and use targeted outreach to achieve it, as long as the final selection remains strictly merit-based and open to all.
? What is 'conscious steering' in equality law?
Conscious steering refers to the requirement under PSED for decision-makers to actively consider the equality impact of their policies and steer the organization toward more equitable outcomes through lawful means.
? Is lowering pass marks for certain groups legal?
No. Fracturing assessment standards by applying different pass marks based on identity is a form of direct discrimination and is unlawful.
? How does the 'Race Action Plan' affect representation targets?
The Race Action Plan provides the strategic context and institutional mandate for forces to address underrepresentation, but it must still be implemented within the boundaries of the Equality Act 2010.
? What role does an Equality Impact Assessment (EIA) play?
An EIA is the primary document used to justify the proportionality of a positive action initiative. It records the evidence of disadvantage and the rationale for the chosen intervention.
? Can a force target recruitment at specific geographic areas?
Yes. Targeted geographical recruitment (e.g., in inner-city wards with high minority populations) is a lawful form of positive action under Section 158.
? What are the risks of ignoring representation gaps?
Ignoring representation gaps can lead to a failure to meet PSED duties, loss of community trust, reputational damage in HMICFRS inspections, and potential challenges under Judicial Review.
? Is it legal to offer 'fast-track' schemes for minority officers?
Fast-track schemes must be open to everyone. However, forces can use targeted outreach to encourage more minority applicants and provide mentoring to help them succeed within the scheme.
? What is the 'Brown Principles' significance?
The Brown Principles are a set of legal tests that determine whether a public authority has met its Public Sector Equality Duty. They emphasize the need for rigorous, evidence-based consideration of equality.
? Can diversity targets lead to 'reverse discrimination'?
Under UK law, 'reverse discrimination' is simply direct discrimination (treating someone less favourably because they are white/male/heterosexual). If a target leads to this, it is unlawful.
? How often should representation targets be reviewed?
Targets should be reviewed regularly (usually annually) as part of the PSED monitoring process to ensure they remain proportionate and relevant to the actual workforce data.