Andrew Bagchi KC, leading Michelle Withers and instructed by Evans and Greaves Solicitors, appeared for the Father, while Matthew Rees KC, door tenant at 1GC and tenant at Angel Chambers, leading Kate Smith and instructed by Caswell Jones Solicitors, appeared for the Mother in the Court of Appeal in F (Children: Placement Orders: Proportionality) [2026] EWCA Civ 990. 

The appeal, in respect of care and placement orders for two young children, was brought by the mother and was supported by the father but opposed by the Local Authority and the children’s guardian.

An unusual and important feature of the case was that neither parent was a British citizen and the family’s immigration status remained precarious. The Court of Appeal observed that this made the children’s future circumstances more difficult to predict than would ordinarily be the case.

It was argued that the care and placement orders made in 2025 were neither necessary nor proportionate. 

The Court of Appeal allowed the appeal and set aside the care and placement orders. The proceedings were remitted for reconsideration, with the Court concluding that the Family Court’s analysis had not adequately demonstrated that adoption was a necessary and proportionate outcome for these children.