Fostering agency discriminated against gay men and lesbians

The Court of Appeal has upheld a decision that a fostering agency had unlawfully discriminated against gay men and lesbians by requiring carers to refrain from "homosexual behaviour".

The case involved Cornerstone (North East) Adoption and Fostering Services Ltd.

It was an agency that operated according to evangelical Christian principles. It would only recruit carers who were prepared to abide by its statement of beliefs and code of practice, which required them to refrain from "homosexual behaviour".

In 2019, the Chief Inspector of Education, Children's Services and Skills (Ofsted) inspected the agency and issued a draft report concluding that its recruitment policy violated various provisions of the Equality Act 2010 and the Human Rights Act 1998.

It required Cornerstone to change its policy, indicating that it discriminated against potential carers of a different sexual orientation, religion or belief.

The agency applied for judicial review but the judge dismissed the claim.

The Court of Appeal upheld that decision. It held that Ofsted was entitled to have regard to the 2010 Act and the 1998 Act when carrying out its inspection.

The agency's policy, which specifically required carers not to engage in homosexual behaviour, was a clear instance of direct discrimination because of a protected characteristic.

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