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10 March 2011
Issue: 7456 / Categories: Case law , Law reports
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Foster parents—Approval of prospective foster parents by local authority— Homosexuality

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R (Johns and another) v Derby City Council (Equality and Human Rights Commission intervening) [2011] EWHC 375 (Admin), [2011] All ER (D) 292 (Feb)

Queen’s Bench Division, Administrative Court (London), Munby LJ and Beatson J, 28 Feb 2011

A local authority is entitled to take into account prospective foster parents’ views on same-sex relationships.

Paul Diamond (instructed by Camerons Solicitors LLP) for the claimants. Jeremy Weston (instructed by Derby City Council, Legal Services) for the authority. Karon Monaghan QC (instructed by the Equality and Human Rights Commission) for the commission.

The claimants, a husband and wife, were members of the Pentacostalist Church and believed that sexual relations other than those within marriage between one man and one woman were morally wrong. They applied to the defendant local authority for approval to be short-term foster carers. They underwent a number of assessments as concerns had been raised that their views on homosexuality and other religions did not accord with the diversity requirements for foster carers, in accordance with the national

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