A couple from Maidenhead have won nearly £120,000 in damages after being discriminated against by not being allowed to adopt.
Sandeep and Reena Mande saw an application to join a register of approved adopters turned down because of their Indian ancestry, and were told their chances would be improved if they looked to adopt in India or Pakistan.
The couple sued Royal Borough of Windsor and Maidenhead Council for discrimination and their case has been backed by the Equality and Human Rights Commission.
Judge Melissa Clarke awarded the couple general damages of £29,454.42 each and special damages totalling £60,013.43 for the cost of adopting a child overseas.
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 the Manders' claim that they had also suffered discrimination under Article 12 of the European Convention of Human Rights and the right to "found a family".
"I consider that there is clear evidence that Mr and Mrs 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. "I am satisfied that race was the criterion by which the unknown social worker decided not to book an initial visit with Mr and Mrs Mander because the defendants have not satisfied me that there was any other criterion applied by that unknown social worker.<
"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. We believe our experience with Adopt Berkshire was not just an isolated event.
“We are very disappointed by the judgement 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.