Michelle Withers, led by Andrew Bagchi KC and instructed by Evans and Greaves Solicitors, appeared for the Father in F (Children: Placement Orders: Proportionality) [2026] EWCA Civ 990. Colin Douglas, led by Deirdre Fottrell KC and instructed by Caerphilly County Borough Council, appeared for the Respondent Local Authority, while Harriet Edmondson, led by Chris Barnes KC and instructed by GGP Law, appeared for the Respondent Children through their Children’s Guardian.
The appeal concerned care and placement orders made in respect of two young children. The Mother appealed the orders, with the appeal supported by the Father and opposed by both the Local Authority and the Children’s Guardian.
An important feature of the case was the family’s immigration status. Neither parent was a British citizen and their future immigration position remained uncertain. The Court of Appeal recognised that this created an unusual level of uncertainty when assessing the children’s future circumstances and welfare outcomes.
It was argued that the care and placement orders made in 2025 were neither necessary nor proportionate. The Court of Appeal allowed the appeal, set aside the care and placement orders, and remitted the proceedings for reconsideration. The Court concluded that the Family Court’s analysis had not adequately demonstrated that adoption was a necessary and proportionate outcome for these children.
The judgment provides important guidance on the rigorous approach required when considering the proportionality of placement orders and whether adoption represents the only realistic option available for a child.
The full judgment can be accessed here
Authors
