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6th Feb 2026 | Cases
Damian Broadbent, instructed by Debbie Wright of Griffiths Robertson Solicitors, represented the first respondent mother in Re S (Foster Care or Placement for Adoption) [2026] EWCA Civ 47.
The local authority appealed the decision of HHJ Tolson KC to refuse to make a placement order at the conclusion of care proceedings.
The judgment engages several issues, including adoption vs long-term foster care, adoption where a high level of post-order contact is recommended, the balancing sheet exercise, how much weight a judge can place on the relative difficulties of finding an adoptive placement, and how much weight a judge can place on the prospect a child’s needs being met in a particular foster care placement when the foster carers are not approved to care long-term.
The Court of Appeal accepted the arguments put forward on the mother’s behalf and dismissed the local authority’s appeal.
To read the full judgment – https://www.bailii.org/ew/cases/EWCA/Civ/2026/47.html