Johns & Anor, R (on the application of) v Derby City Council & Anor

Johns & Anor, R (on the application of) v Derby City Council & Anor

The attitudes of potential foster carers to sexuality are relevant and may be considered by a local authority when deciding on approval, especially where those attitudes may affect the welfare of looked-after children. The Council's approach, in line with statutory guidance and anti-discrimination law, is not unlawful religious discrimination, does not breach Article 9 ECHR, and is not Wednesbury unreasonable. There is no right to foster, and applicants must comply with the National Minimum Standards, including valuing diversity and promoting equality.

Parties
Claimants: Eunice Johns and Owen Johns; Defendant: Derby City Council; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
28 February 2011
Procedural Posture
Judicial Review / Permission/rolled Up Hearing
Outcome
Permission to apply for judicial review refused; no order made.
Legal Topics
Fostering Approval, Religious Discrimination, Sexual Orientation Discrimination, Judicial Review, National Minimum Standards for Fostering, Article 9 ECHR, Children's Welfare
Administrative Law Human Rights Law Equality and Discrimination Law Family Law Fostering Approval Religious Discrimination Sexual Orientation Discrimination Judicial Review +3 more

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Parties

Eunice Johns and Owen Johns

Claimants

Derby City Council

Defendant

Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Permission/rolled Up Hearing

Legal Issues

  1. 1 Whether Derby City Council's approach to the claimants' religious beliefs in the context of their fostering application constitutes unlawful discrimination
  2. 2 Whether the attitudes of potential foster carers to sexuality are a relevant consideration in approval decisions
  3. 3 Whether the Council's actions breach Article 9 ECHR (freedom of religion)

Ratio Decidendi

The attitudes of potential foster carers to sexuality are relevant and may be considered by a local authority when deciding on approval, especially where those attitudes may affect the welfare of looked-after children. The Council's approach, in line with statutory guidance and anti-discrimination law, is not unlawful religious discrimination, does not breach Article 9 ECHR, and is not Wednesbury unreasonable. There is no right to foster, and applicants must comply with the National Minimum Standards, including valuing diversity and promoting equality.

Court Disposition

Permission to apply for judicial review refused; no order made.