Smith v Manchester City Council

Subject Matter

HUMAN RIGHTS — Breach of Convention rights — Proportionality

[2025] EWHC 2987 (KB), KBD

AI Summary & Issues

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In the High Court case [2025] EWHC 2987 (KB), the Smiths appealed against Manchester City Council's rejection of their foster parent application, claiming discrimination based on their evangelical Christian beliefs. The court upheld the Council's decision, concluding that the Smiths' beliefs could impede their ability to promote diversity and support children with varying identities. The appeal was dismissed, confirming that the Council's actions were justified under the Human Rights Act and the Equality Act, with the welfare of children in foster care being the priority.

Issues

• Did the court determine whether the Manchester City Council's refusal to progress the Smiths' foster care application was justified under Article 9 of the ECHR, considering their religious beliefs and the need to promote diversity among foster children?
• Was the assessment of the Smiths' suitability as foster parents influenced by their expressed beliefs regarding homosexuality and abortion, and did this constitute direct discrimination under the Equality Act 2010?
• Did the judge correctly apply the proportionality test in evaluating the Council's decision, balancing the Smiths' rights to manifest their beliefs against the welfare and rights of potential foster children?

Commentary

Law & Religion UK
“Strong evangelical Christian beliefs” and the capacity to foster children: Smith Case comment

UK Human Rights Blog
Manifestation of religious belief Case comment