The Equalities and Human Rights Commission has issued a statement on this. As Law & Religion UK reports (scroll down):
St Margaret’s Children and Family Care Society and the EHRC
On 28 March the Equality and Human Rights Commission issued a statement on the successful appeal by St Margaret’s Children and Family Care Society to the Scottish Charities Appeal Panel against the direction of the Office of the Scottish Charities Regulator. The nub of the statement (downloadable from here) is as follows:
“The EHRC notes that OSCR has now decided not to appeal the SCAP decision. The EHRC has no locus to appeal the decision itself, as only OSCR and the relevant charity have a right of appeal. The EHRC has however carefully considered the SCAP decision as it relates to discrimination law. The decision is not easy to follow, but it is the EHRC’s view that SCAP is mistaken in its understanding of the meaning of direct and indirect discrimination.
The Commission has carefully noted SCAP’s finding of fact, based on evidence provided by St Margaret’s Children and Family Care Society during the hearing of the appeal, that: “In principle [St Margaret’s Children and Family Service] would consider an application to be considered as adoptive parents from a couple in a civil partnership.”
The Commission has therefore written to St Margaret’s advising it to ensure that its published policies and practices properly reflect its stated position that adoption applications from couples in civil partnerships will be considered in the same way as those from married couples; and to ensure that such applications are indeed considered equally. This will give gay couples wishing to adopt the confidence that they will be treated without unlawful discrimination”.
And Law & Religion UK adds the following comment:
The EHRC is obviously entitled to its opinion, though we wonder about the propriety of an agency of Government criticising a judicial decision: separation of powers, anyone? More fundamentally, the statement does prompt us to ask why, if SCAP got the law so wrong, OSCR didn’t appeal. And the only obvious answer that comes to mind is that OSCR is a lot less sure of its ground than the EHRC appears to be.