The Public and Third Sector Law Reports
[2022] PTSR 595
Court of Appeal
Regina (Cornerstone (North East) Adoption and Fostering Services Ltd)
v
Office for Standards in Education, Children’s Services and Skills
[2021] EWCA Civ 1390
2021 June 29, 30;Sept 24
Peter Jackson, Asplin, Nicola Davies LJJ
Discrimination— Sexual orientation— Less favourable treatment— Charitable independent fostering agency offering fostering and adoption services to children in local authority care according to perceived Christian principles— Agency in practice only recruiting heterosexual evangelical Christian carers— Defendant regulator finding recruitment policy discriminating on grounds of sexual orientation and requiring agency to alter policy— Agency seeking judicial review of regulator’s actions— Whether regulator having jurisdiction to have regard to equality legislation when conducting regulatory function— Whether conclusion of Charity Commission that agency acting lawfully precluding contrary finding by regulator— Whether policy amounting to unlawful discrimination on grounds of sexual orientation— Whether requirement to change policy interfering with agency’s rights under Human Rights Convention— Whether discrimination justified—
Human Rights Act 1998 (c 42), Sch 1, Pt 1, arts 8, 9, 10, 11, 14
—
Care Standards Act 2000 (c 14), ss 13, 14
—
Equality Act 2010 (c 15), ss 13, 193, Sch 23, para 2
This content is available only to subscribers. If you have a subscription to this content, please log in.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.