Cornerstone (North East) Adoption and Fostering Services Ltd, R. (On The Application Of) v HM Chief Inspector of Education, Children's Services and Skills (OFSTED) [2021] EWCA Civ 1390 (24 September 2021)

Cornerstone (North East) Adoption and Fostering Services Ltd, R. (On The Application Of) v HM Chief Inspector of Education, Children's Services and Skills (OFSTED) [2021] EWCA Civ 1390 (24 September 2021)

Ofsted had jurisdiction to assess and require compliance with equality and human rights law irrespective of the Charity Commission's prior view; Cornerstone's policy constituted direct discrimination on grounds of sexual orientation, was not justified or proportionate, and was therefore unlawful under the Equality Act 2010 and incompatible with Convention rights; the appeal was dismissed.

Citation
[2021] EWCA Civ 1390
Parties
Appellant/claimant: Cornerstone (North East) Adoption and Fostering Services Ltd; Respondent/defendant: Her Majesty's Chief Inspector of Education, Children's Services and Skills (Ofsted)
Jurisdiction
England and Wales
Judgment Date
24 September 2021
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Direct Discrimination, Indirect Discrimination, Sexual Orientation Discrimination, Religious Discrimination, Charity Regulation, Public Sector Equality Duty, Proportionality, Jurisdiction of Regulators
Administrative Law Equality Law Human Rights Law Charity Law Direct Discrimination Indirect Discrimination Sexual Orientation Discrimination Religious Discrimination +4 more

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Parties

Cornerstone (North East) Adoption and Fostering Services Ltd

Appellant/claimant

Her Majesty's Chief Inspector of Education, Children's Services and Skills (Ofsted)

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Ofsted had jurisdiction to require Cornerstone to modify its recruitment policy despite Charity Commission's prior approval
  2. 2 Whether Cornerstone's recruitment policy constituted direct discrimination on grounds of sexual orientation under the Equality Act 2010
  3. 3 Whether the policy constituted unlawful indirect discrimination under the Equality Act 2010

Ratio Decidendi

Ofsted had jurisdiction to assess and require compliance with equality and human rights law irrespective of the Charity Commission's prior view; Cornerstone's policy constituted direct discrimination on grounds of sexual orientation, was not justified or proportionate, and was therefore unlawful under the Equality Act 2010 and incompatible with Convention rights; the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Cornerstone's appeal is dismissed
  • Cornerstone to pay 75% of Ofsted's costs as ordered by the High Court