Re S (Placement Order Contact) Court of Appeal Judgment
The Court of Appeal judgment in Re S (Placement Order Contact) [2025] EWCA Civ 823 was handed down by the President of the Family Division on 1st July 2025.
Karl Rowley KC and Lorraine Cavanagh KC represented the local authority and children (respectively) in this important appeal decision about post adoption contact and the use of section 26 orders. The mother had appealed following a contested hearing in which the judge made a placement for adoption order but declined to make an order under the Adoption and Children Act 2002, s 26(2)(b) [‘ACA 2002’] for sibling contact.
The appeal was dismissed, with the court affirming the lower court’s decision not to impose a contact order. Sir Andrew McFarlane, giving the lead judgment in the Court of Appeal, gave guidance as to the management of post placement order contact. The use of section 26 orders to signal future arrangements beyond adoption was contemplated in cases where the child’s need for contact was dominant. In some cases where adoption was a pressing need for the child, the negative impact of such an order in the search for prospective adopters was a relevant consideration.
Click here for the full judgment (redirects to an external website).
