Equality Act 2010 Explanatory Notes

Care within the family: paragraph 15
Effect

702.Paragraph 15 is designed to ensure that people who provide foster care, or other similar forms of care, in their own home are not subject to the prohibitions on discriminating against, harassing or victimising a person in the provision of services while providing that care.

703.It applies irrespective of whether or not the person is paid for providing the care service.

Background

704.Similar provisions existed in previous legislation for race, religion or belief and sexual orientation. This provision extends the exception to all of the protected characteristics.

Examples
  • A Muslim family could choose to foster only a Muslim child. This would not constitute discrimination against a non-Muslim child.

  • A woman who is the main carer for her mother decides to provide care for another person too, and decides to restrict any offer of care to another woman. This would not constitute discrimination against a man who needed similar care.

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