Re S (Foster Care or Placement for Adoption)

Re S (Foster Care or Placement for Adoption)

[2026] EWCA Civ 47 · Court of Appeal

What happened: A local authority wanted permission to place a child for adoption, but the judge concluded that continued foster care better met her needs. Her relationships with her mother and her current carers were important to that decision. The local authority appealed, asking the Court of Appeal to overturn the refusal of a placement order.

What the court decided: The appeal was dismissed. The court upheld the assessment favouring continued foster care for this child, taking account of the evidence about her relationships, contact and carers. Adoption was not authorised through the placement order the local authority had sought.

Why it matters to adoptees: This is a concrete example of a court deciding that adoption was not the right plan for a particular child. Existing family relationships and the consequences of another move were part of the welfare assessment, not simply obstacles to completing an adoption. It can help adoptees ask whether similar matters were considered in their own history. The decision depends on this child's circumstances and does not establish a rule that fostering must always be preferred.

Limitations: Not a general rule that fostering is preferable. The court stressed this child’s particular circumstances and the evidence about contact and carers.