Challenging race discrimination in adoption

Was it discrimination to tell a British couple of Sikh Indian heritage that they could not make an application to adopt because white couples would be given priority? This was because only white children were available.

The Manders, who are British of Sikh Indian heritage, were told that although they would be suitable adoptive parents they could not apply. White couples would be given priority as there were only white children available. They were then advised to consider adopting from India.

We were involved because this case comes within our core aim of upholding the system of equality and human rights protections.

We provided Section 28 assistance and, because the case concluded with the Court finding the Council had directly discriminated against the Manders because of their race, we are now considering entering into a Section 23 agreement with the Council.   

We clarified the law on how adoption agencies and local authorities should deal with prospective adoptive parents who are British but whose racial heritage may not be. The Council and its adoption agency were found to have discriminated against the Manders, for denying their ability to adopt children because of their race.

A Section 23 agreement will require the Council to ensure other people will now not be unlawfully discriminated against because of their race.