Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011)

Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011)

The court held that Derby City Council's approach to balancing the claimants' religious beliefs with its duties under equality and fostering legislation was lawful. The welfare of children is the paramount consideration, and the requirement for foster carers to value diversity and support children regardless of...

Source-derived case information.

Citation
[2011] EWHC 375 (Admin)
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 / Rolled Up Hearing on Permission and Substantive Merits
Outcome
Permission to apply for judicial review refused
Legal Topics
Religious Discrimination, Sexual Orientation Discrimination, Fostering and Adoption, Public Sector Equality Duty, Freedom of Religion, Indirect Discrimination
Administrative Law Human Rights Law Equality Law Family Law Religious Discrimination Sexual Orientation Discrimination Fostering and Adoption Public Sector Equality Duty +2 more

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Summary, issues, holding and outcome

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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 / Rolled Up Hearing on Permission and Substantive Merits

Legal Issues

  1. 1 Whether Derby City Council's approach to the claimants' application to be foster carers constituted unlawful discrimination on grounds of religion or belief
  2. 2 How to balance obligations under the Equality Act 2006, Equality Act (Sexual Orientation) Regulations 2007, Human Rights Act 1998, National Minimum Standards for Fostering Services, and local fostering policy
  3. 3 Whether the welfare of looked-after children is the paramount consideration in foster carer approval

Ratio Decidendi

The court held that Derby City Council's approach to balancing the claimants' religious beliefs with its duties under equality and fostering legislation was lawful. The welfare of children is the paramount consideration, and the requirement for foster carers to value diversity and support children regardless of sexual orientation is a legitimate and proportionate aim. The claimants' inability to demonstrate this support justified the council's concerns. There was no evidence of unlawful discrimination or blanket exclusion of Christians. The claimants were not granted permission to apply for judicial review.

Court Disposition

Permission to apply for judicial review refused

Orders

  • No declaratory relief granted
  • No permission to proceed with judicial review