Sikh couple in legal action after adoption agency tells them not to apply

A British couple of Sikh Indian heritage are to bring legal action after they were told by a council-run adoption agency not to apply to become adoptive parents because only white babies were available.

Adopt Berkshire, which is run by the Royal Borough of Windsor & Maidenhead, reportedly told Sandeep and Reena Mander that white British/European applicants would be given preference.

The Equality and Human Rights Commission, which is backing the couple’s action, said the Manders were culturally British and whilst of Sikh Indian heritage, they had no close links to India and had no close family living there.

The Manders told the agency that they would be delighted to adopt a child of any ethnic background, with or without siblings.

After a home visit and assessment by Adopt Berkshire, they were informed that they could not make an application because white couples would be given priority as there were only white children available for adoption. The agency suggested that they consider adopting from India.

David Isaac, Chair of the Equality and Human Rights Commission, said: “There are many children who are waiting for a loving family like Sandeep and Reena to help give them a better life. To be denied this because of so-called cultural heritage is wrong.

“The law says race and culture should not be overriding factors when local authorities and adoption agencies match prospective parents and children. This will help to ensure a fair system for all that will secure the best outcomes for young people in our care system.”

The Manders complained to the Local Government Ombudsman. A letter from the Prime Minister, the area’s MP, failed also to make the agency change its approach.

Georgina Calvert-Lee, Senior Counsel at McAllister Olivarius, the Manders’ lawyers, said: “It is unacceptable for a child to be denied loving adoptive parents solely on the grounds that the child does not share the same racial or cultural heritage as the adopters.

”Adopt Berkshire’s refusal to consider Sandeep and Reena as adoptive parents of a white child, regardless of other cultural and financial considerations is an effective ban on trans-racial adoption. Adoption should not be predicated on race or colour.”

Sandeep Mander said: “As a couple, we didn’t picture our life without a family. Having attended introductory workshops organised by RBWM and Adopt Berkshire, giving an adopted child, no matter what race, the security of a loving home was all we wanted to do. We were so encouraged by the welcoming attitude at the introductory workshops of all races, religions and sexualities.

“What we didn’t expect was a refusal for us to even apply for adoption, not because of our incapability to adopt, but because our cultural heritage was defined as “Indian/Pakistani”. Having both been born and raised in the UK, we felt it was not fair that priority was given to White/European adopters and for us to be excluded from the application process.”

The EHRC said it was supporting the Manders in their legal action due to concerns that the policy applied by the council amounted to racial discrimination as that appeared to be the sole factor that the term ‘cultural heritage’ had been based on.

“It is important that local authorities and adoption agencies apply the law about adoption correctly and the Commission is concerned that if they don’t other couples will be unlawfully discriminated against because of their race,” the Commission added.

The LGO will not now progress an investigation as the Manders have issued court proceedings.

A spokesman for Adopt Berkshire said: “We do not comment on ongoing court cases.”