British couple told they weren’t allowed to adopt a child because of their race awarded £120k

A British couple who were told they could not adopt a child because of their Indian heritage have won almost £120,000 in a landmark ruling.

Sandeep and Reena Mander, from Maidenhead, Berkshire, were forced to adopt overseas after their local council rejected their application to join a register of approved adopters because of their ancestry.

The couple were told only white British pre-school children were available for adoption and their chances would be improved if they looked to the sub-continent.

Mr and Ms Mander, who had undergone several years of unsuccessful IVF treatment, tried to get the decision reversed and won the support of their local MP, the then home secretary Theresa May.

The couple, who are in their 30s, sued the Royal Borough of Windsor and Maidenhead Council for discrimination with the backing of the Equality and Human Rights Commission.

Judge Melissa Clark ruled in their favour and ordered the council to pay them general damages of just over £29,000 each and special damages totalling £60,000 for the cost of adopting a child overseas.

She said: “I find that the defendants directly discriminated against Mr and Ms Mander on the grounds of race.

“I consider that there is clear evidence that Mr and Ms Mander, who I have found expressed willingness to consider a child of any ethnicity, received less favourable treatment than would a comparable couple of a different ethnicity.

“All of this discloses, in my judgment, what the unknown social worker stated in the very first phone call with Mr Mander, namely that Adopt Berkshire operated a policy of placing adoptive children with parents who come from the ‘same background’, namely race.”

The judge also made a declaration that the council “directly discriminated” against the couple in the provision of adoption services on the grounds of race.

But she rejected their claim that they had also suffered discrimination under Article 12 of the European Convention of Human Rights and the right to found a family.

Lawyers for the couple said the judgment was a landmark ruling with the finding of racial discrimination in adoption law.

Mr Mander, a vice-president of sales at an IT company, said: “We felt there needed to be a change.

“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.”

Ms Mander, who works as a programme manager for a telecoms company, added: “Today is such a relief and is a relief that we can change things for other people and not face racial discrimination.

“It is absolutely amazing. We know we can move on knowing we have changed something for the better.”

A spokesperson for the Royal Borough of Windsor and Maidenhead said: “We are very disappointed by the judgment in this case, which we will now take time to consider in full.

“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.”

Additional reporting by Press Association

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