Ofsted ‘misapplied law’ in connection with Christian adoption agency

Ofsted ‘misapplied law’ in connection with Christian adoption agency

An evangelical Christian fostering agency has won the right to retain its religious ethos.

The High Court rejected Ofsted’s attempt to force Cornerstone North East Adoption and Fostering Service to work with non-evangelical Christian carers. But while the court ruled that Ofsted’s attempt to get Christian organisations to abandon faith when they enter the public square was out of order, they also ruled that Cornerstone cannot require carers to abide by its Christian beliefs on appropriate sexual conduct.

Cornerstone North East, an exhibitor at CRE National 2021, welcomed the court’s ruling confirming that the organisation can continue to require carers to sign up to its statement of faith but will consider appealing on the sexual conduct issue. 

The ruling vindicates the decision by Cornerstone to take legal action against Ofsted over an inspection report demanding that the agency abandon its religious ethos. Despite previously being rated ‘Good’ in all areas, the report issued in June 2019 downgraded Cornerstone’s fostering work to ‘Requires Improvement’. It accused the charity of unlawful discrimination because it only recruits evangelical Christian carers. Ofsted also said it was discriminatory for Cornerstone to require its carers to abide by its code of conduct on living consistently with the charity’s Christian beliefs about marriage between a man and a woman. Cornerstone claimed that Ofsted had misapplied the law. 

Under the Equality Act 2010, religious charities may restrict ‘the provision of benefits’ to those who share their faith and beliefs. Cornerstone’s right to rely on these provisions was endorsed by the Charity Commission in January 2011. 

Speaking after the judgment was handed down, Cornerstone’s chairwoman, Revd Sheila Bamber, said: ‘The judgment justifies our decision to pursue this legal action. Our right to support Christian families in providing the best possible outcomes for vulnerable children and young people has been upheld. But I am saddened that the fundamental place of biblically-based Christian marriage in our beliefs has not been recognised.’

A spokesperson for Cornerstone said: ‘Everybody at Cornerstone is a practicing Christian so we can understand and support our families as they fulfil a call from God to foster or adopt. It’s important to make it clear that children in our care can, of course, have any or no religion and we do not try to convert them in any way.’ Cornerstone is not yet an adoption agency, however the majority of children placed with its foster carers go on and adopt the children in their care. This means that the charity stops receiving money from local authorities when a fostering placement turns into adoption. 

Cornerstone specialises in so-called ‘hard-to-place’ children, including large sibling groups, children with complex medical needs and disabilities. The organisation will be at CRE National 2021 to meet Christians from all over the UK who are already foster carers and would like to transfer to an agency that can fully support them. It is also interested in meeting Christians who are interested in fostering.

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• Cornerstone North East Adoption and Fostering Service will be exhibiting at CRE National 2021 (Sandown Park, Esher, Surrey, 12-14 Oct)

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