Adoption charity unlawfully discriminates

 

Scotland's charity regulator has ruled that an adoption agency fails the charity test because it unlawfully discriminates against same-sex couples.

St Margaret's Children and Family Care Society, based in Glasgow, is a voluntary adoption agency and a charity.  Following an inquiry resulting from a complaint, the Scottish Charity Regulator has determined that St Margaret's is in breach of the Equality Act 2010.

Read the Regulator's inquiry report.

The charity expects those applying to be assessed as adoptive parents to have been married for at least two years.  This constitutes unlawful direct discrimination against same-sex couples and  means that St Margaret's fails to meet the charity test.

The Scottish Charity Regulator's Head of Registration, Martin Tyson, said:

'We acknowledge the valuable service provided by this charity, but the fact is that all charities must comply with the law, including the Equality Act 2010.  Where we find this is not the case, we have a duty to act.

'We have carefully considered the details of this case, and the legal position is clear - the charity must take steps so that it does not discriminate unlawfully and can pass the charity test.  This case was complex and we discussed matters at great length with the charity's trustees. We hope that the charity will respond positively and take the necessary action so that it remains in the Scottish Charity Register.'

The Regulator has issued a Direction to St Margaret's Children and Family Care Society, instructing it to amend its procedures and assessment criteria to meet the requirements of the Equality Act.  It has until 22 April 2013 to do so.

The Scottish Charity Regulator has produced guidance material summarising the relevant issues for charities generally to consider, and useful links to further information, at www.oscr.org.uk.

ENDS

Issued by The Scottish Charity Regulator, Quadrant House, 9 Riverside Drive, Dundee DD1 4NY.  For further information, contact Mark Simpson on 07724 150833 or email communications@oscr.org.uk

Background

1. The Scottish Charity Regulator is the independent regulator and registrar of Scotland's 23,500 charities.  Its vision is for charities you can trust, and that provide public benefit.
2. The Equality Act 2010 is UK-wide legislation that came into force in October 2010.  Scotland's charities are, like other bodies, required to meet the terms of the legislation.  There are exceptions for charities and  religious or belief organisations in certain circumstances, but these do not apply in the case of St Margaret's, due to the nature of its activities.
3. The Scottish Charity Regulator is consulting on its own guidance for charities on equalities, due for publication in March 2013.  In the meantime, the Regulator has published interim guidance on its website www.oscr.org.uk
4. Further information on the Equality Act 2010 is available from the Equality and Human Rights Commission at http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance/
5. OSCR's inquiry into St Margaret's Children and Family Care Society was the result of a complaint.  OSCR acts in the public interest and not in the interest of any individual or group.  Its Inquiry and Intervention Policy sets out its powers, how it conducts its inquiries and what the public, charities, and complainants can expect from Scotland's charity regulator.