Adoption charity cannot change constitution to exclude gay couples as parents

An adoption charity cannot change its constitution so that it can continue its previous practice of refusing to offer its services to same sex couples, the Upper Tribunal has ruled.

In July 2010 the Charity Commission refused Catholic Care (Diocese of Leeds) consent for a change to its objects clause in its Memorandum of Association. This decision was upheld by the First-Tier Tribunal in April 2011.

Catholic Care, which has been involved in adoption work since the 1920s, then appealed to the Upper Tribunal.

The charity had argued before the Upper Tribunal that, if it did not make the policy change, the numbers of people coming forward as potential parents would reduce so substantially that the service would need to close. It also said its ability to raise funds would be severely impacted if donors stopped supporting its work.

However, Mr Justice Sales, sitting alone, ruled that a previous decision from the Lower Tribunal was correct.

He said: “"Notwithstanding some criticisms that can be made about the First-Tier Tribunal’s reasoning, I am satisfied that the conclusion it came to is correct in law and that this appeal should be dismissed."

Catholic Care said in a statement: "Without the constitutional restriction for which it applied, Catholic Care will be forced to close its adoption service. In doing so, it will be joining many other faith-based adoption services that have been forced to close since 2008." It is now considering whether to appeal.

Neasa MacErlean