Dear supporter,
The High Court has ruled that Ofsted was wrong to try to force Cornerstone (North East) Adoption and Fostering Service to work with non-evangelical Christian carers.
The judgment confirms the freedom of Christian organisations to provide activities in line with their statement of faith. It also vindicates the decision to take legal action against Ofsted over an inspection report demanding that England’s only evangelical Christian fostering agency abandon its religious ethos.
The judge rejected Ofsted’s assertion that Cornerstone’s recruitment policy unlawfully discriminates by requiring carer applicants to be evangelical Christians. Mr Justice Julian Knowles described Ofsted’s decision to include this in their report as “wrong as a matter of law” and “erroneous”.
The judgment states: “Cornerstone is permitted to exclusively recruit evangelical Christian carers because of the exemption in [the Equality Act 2010] for religious organisations.” And contrary to Ofsted’s allegation, it also states that requiring carer applicants to be evangelical “does not violate” human rights law.
Ofsted has failed in its attempt to turn a small, much-loved Christian agency into another outpost of its ‘muscular liberalism’ worldview. It will now have to amend its inspection report.
However, the judge disagreed with the Charity Commission’s long-standing finding that Cornerstone does not discriminate on grounds of sexual orientation by requiring sexual conduct consistent with a Christian profession of faith.
He ruled that the exception in the Equality Act 2010 permitting religious organisations to impose restrictions on grounds of sexual orientation does not apply to Cornerstone. Crucially, this hinged on his finding that Cornerstone recruits its carers on behalf of, and under contract with, local authorities which deprives them of the ability to rely on the exception.
Cornerstone’s lawyers maintain that this finding is incorrect. We agree. Had the judge ruled otherwise on this narrow point, the court would have found Cornerstone’s policy to be lawful.
This will not impact the overwhelming majority of Christian organisations, but the implications for Cornerstone will have to be carefully assessed. Christian belief informs and shapes every area of life – including sexual ethics and behaviour. This part of the judgment suggests the court failed to recognise that. An appeal is being considered.
Thank you for your support and prayers for the staff and work of Cornerstone during this difficult time.
Please join with us in giving thanks to God that Christian organisations will not have to become secular in order to operate in the public square. Pray for wisdom for Cornerstone and its legal team as they consider whether or not to appeal.
Our Legal Defence Fund is covering Cornerstone’s legal costs. If you would like to, please make a financial gift to help support Cornerstone and others like them.
