A British-Indian couple, who had taken their local council authority in south-east England to court over alleged discrimination that prevented them from adopting a baby from their local adoption service, won their legal battle on Friday.
Sandeep and Reena Mander launched their case with the help of the UK's Equality and Human Rights Commission against the Windsor and Maidenhead Council at the Oxford County Court in Berkshire.
The British-born couple of Indian-origin, in their 30s, had claimed that the Adopt Berkshire discriminated against them by saying white British parents would be given priority.
Judge Melissa Clarke agreed that the couple were discriminated against on the grounds of race and awarded them nearly 120,000 pounds in damages.
"I find that the defendants directly discriminated against Mr and Mrs Mander on the grounds of race," Judge Clarke said in her ruling at the Oxford County Court.
The verdict noted that the couple were "particularly vulnerable, being a childless couple who had gone through numerous rounds of IVF and a sad early pregnancy loss" and were "desperate to adopt". This meant they suffered "hurt, stress, and anxiety" because of the Adopt Berkshire's actions.
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"This decision ensures that no matter what race, religion or colour you are, you should be treated equally and assessed for adoption in the same way as any other prospective adopter," the couple said in a statement following the victory.
"We felt there needed to be a change. This is what this case has all been about for us, to ensure discrimination like this doesn't happen to others wishing to do this wonderful thing called adoption. And today's landmark ruling will ensure this doesn't happen again," the statement added.
The couple went on to adopt a baby from the US and the court ruling took that into account as it awarded them general damages of 29,454.42 pounds each and special damages totalling 60,013.43 pounds for the cost of adopting a child overseas.
"Today's judgment is a victory for all British children who need loving adoptive homes, and for all the eligible, loving adoptive British families hoping to welcome them into their lives," Georgina Calvert-Lee, the lawyer representing the couple, told the BBC.
The couple were unable to have a baby and had several rounds of failed IVF treatment before they applied to adopt. But they claim that when they reached out to the local adoption services, they were told that adoptive parents of white British or European origin would be prioritised because more white children were in need.
Windsor and Maidenhead Council had denied the allegations as inaccurate.
"We are very disappointed by the judgement in this case, which we will now take time to consider in full," a council spokesperson said.
"We have reviewed our policies to ensure they are fit for purpose and are confident that we do not exclude prospective adopters on the grounds of ethnicity. Finally, we always put the best interests of the children at the heart of any adoption decisions and are committed to best practice in our provision of adoption services," the spokesperson said.
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