Charity Tribunal reviews proposals to restrict adoption services to heterosexuals
When the Father Hudson Society (FHS) and Catholic Care (Diocese of Leeds) applied to the Charity Commission to amend their objects clause...
under s.64 of Charities Act 1993 with a view to restricting their adoption services to heterosexual prospective parents, this raised a potential discrimination issue.
However, there would not have been a breach of the Equality Act anti-discrimination provisions if these amendments brought by the charities fell within the exemptions provided by reg. 18 of the Equality Act (Sexual Orientation) Regulations 2007. The Commission took the view that they did not, and the final decision made on 18 November 2008 was one of consent refusal.
The charities appealed to the Charity Tribunal and the preliminary hearing took place on 12 and 13 February 2009. A spokesman confirmed that this was very much a ‘first step’ as the Tribunal has not decided finally whether the charities should be allowed to change their governing document to allow them to discriminate on grounds of sexual orientation. This was the first time that such an exemption for charities has been considered by a court or tribunal.
The Tribunal has indicated it needs further evidence before it can progress this case; key issues being the definition of ‘adoption services’ in the proposed objects, whether local authorities would be legally prohibited from continuing with current funding arrangements if these restrictions were in place, being examples. It does not have the power to substitute its own decision for that of the Charity Commission, but can quash the regulator’s original decision and remit the matter to the Commission for a fresh decision once it has reached its own final decision.
It also found that reg. 18 does not permit a charity to act in a manner which is prohibited by other regulations. However, if a charity limits itself to the sphere of charitable activity found in reg. 18, the public benefit from this could justify the discrimination if the Charity Commission was satisfied that this was necessary for the organisation to achieve its charitable purpose.
Author: Clarissa Dann
Clarissa Dann was the editor of Caritas as well as an HR and management online service,he People Bulletin until July 2011.
She is now the editor of the specialist trade finance magazine, Trade and Forfaiting Review which can be viewed at www.tfreview.com but does write on charity finance and investment from time to time.
Clarissa has a background in legal and professional publishing, as well as business journalism and holds an MBA from
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