FOSTER CARE

November 19th, 2025 by James Goudie KC

In SMITH v MANCHESTER CITY COUNCIL ( 2025 ) EWHC 2987 ( KB ) the Claimants are a married couple, with strong evangelical Christian beliefs, who wanted to foster children, and approached the Council, but did not make it past the first stage of the ASSESSMENT of their SUITABILITY. One of the reasons given for rejecting their application was that the Claimants would find it difficult to be proactive in promoting DIVERSITY. The relevant legal framework is Section 22 of the Children Act 1989, the Fostering Services ( England ) Regulations 2011, together with National Minimum Standards and Guidance, which must be taken into account, the Human Rights Act 1998 and Articles 9 and 10 of the ECHR and case law relating to Article 9 and proportionality, notably BANK MELLAT and SHIVIDLER, and Sections 10 and 13 of the Equality Act 2010 and case law thereon. The claim was dismissed by Turner J. Examination of attitudes to homosexuality and same sex relationships of a person who has applied to be a foster care is not unreasonable : para 76. Local authorities must remain vigilant to consider any ways in which the manifestation of the religious belief of prospective foster parents may affect the welfare of the child, which is the paramount consideration : para 78.

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