Couple win race discrimination battle over adoption
Friday, December 6, 2019
A couple rejected by their local adoption service over their Indian heritage have won a legal discrimination battle.
Reena and Sandeep Mander sued Windsor and Maidenhead Borough Council after being rejected from Adopt Berkshire in 2016.
The couple were unable to register with the agency and were told only white British pre-school children were available for adoption.
They were told that priority was being given to white British adopters as they shared the same background and advised to look for adoption opportunities in India or Pakistan.
The couple, who were both born in the UK, were “directly discriminated against on the grounds of race,” Judge Melissa Clarke said.
They were awarded almost £120,000 in damages, during the judge’s ruling at Oxford County Court.
The council and adoption agency both denied making the statement and said they were looking for adopters for older children and groups of siblings.
Judge Clarke told the court the couple had looked to adopt following a “long a difficult road to becoming parents” involving “numerous attempts” at IVF.
They have since adopted a child from the United States.
The judge awarded the couple general damages of £29,454.42 each and special damages totalling £60,013.43 for the cost of adopting a child overseas.
Speaking after the judgment, the Sikh couple said: “We believe our experience with Adopt Berkshire was not just an isolated event. When we went through the Intercountry adoption process we came across many couples who had similar experiences.
“Let us be clear, a child’s welfare is the most important thing when looking for any prospective adopter. However, matching cultural values and beliefs is just one of many areas that should be assessed when looking at the suitability of adopters to ensure that child’s welfare. It should never be the overriding factor to stop you even being considered, which is what happened to us. And certainly, cultural values and beliefs should never be assumed based on an ethnic tick box as was our experience.
“We felt there needed to be a change. This is what this case has all been about for us, to ensure discrimination like this doesn’t happen to others wishing to do this wonderful thing called adoption.”
Lawyer Georgina Calvert-Lee, representing the Manders, said: “We are extremely pleased that Oxford County Court has agreed with the Manders, ruling that eligible adults cannot be disqualified from joining the adoption process because of 'cultural identity'.”
