Re B-A (Placement Order and Contact Order) [2026] EWCA Civ 356

Damian Woodward‑Carlton KC, of 42BR Barristers, appeared on behalf of the Local Authority in a significant Court of Appeal decision concerning post‑placement contact under section 26 of the Adoption and Children Act 2002. 

The Judgment in Re B‑A (Placement Order and Contact Order) [2026] EWCA Civ 356 provides clarification on whether a court should impose a section 26 ACA 2002 contact order for a parent once children are placed for adoption.

The appeal was heard by Lord Justice Phillips, Lady Justice Falk and Lord Justice Cobb on 4 March 2026, with the Judgment handed down on 25 March 2026. It concerned two young siblings, C and D, aged four and three, who were subject to placement orders with a plan for adoption. Their father, despite significant cognitive impairments and illiteracy, maintained a warm, consistent and positive relationship with both children. 

First instance

The Local Authority proposed, with the support of the Guardian, the continuation of contact between the father and C and D following their placement for adoption. The father sought a section 26 order, and this was opposed by both the Local Authority and the Guardian.

Although the Local Authority supported ongoing contact with the father in principle, it sought a recital rather than an enforceable order, citing professional evidence that a parental contact order could reduce the pool of adoptive families willing to consider the children. 

At first instance, HHJ Lazarus made Placement Orders but also directed that the children should have a minimum of one annual direct contact visit with their father under section 26 ACA 2002. The Judge determined that without a court‑ordered framework, the father’s severe cognitive limitations would make it extremely difficult for him to initiate or sustain contact, resulting in the potential loss of a valuable and emotionally significant relationship. 

The Appeal

Acting for the Local Authority, Mr Woodward‑Carlton KC advanced submissions on the  welfare implications of a section 26 order, the likely impact on the pool of prospective adopters, the application of the ‘no order’ principle, and the Judge’s departure from professional recommendations.

The appeal therefore gave the Court of Appeal an opportunity to consider, in some detail, the proper balance between adoptive placement considerations and the preservation of meaningful birth family relationships. 

The Guardian was neither present nor represented, having encountered difficulties in obtaining public funding for participation in the appeal. The Court was informed in writing by the solicitor for the children that the Guardian supported the Local Authority’s appeal.

Delivering the principal Judgment, Cobb LJ emphasised the highly fact‑sensitive nature of section 26 decisions. He held that HHJ Lazarus’s reasoning, particularly concerning the father’s inability to navigate post‑placement arrangements without an order, fell within the range of conclusions open to her. The Court reaffirmed that the importance of the court setting the ‘template’ for contact going forward at the placement order stage. 

Significance

The decision will be of considerable interest to practitioners advising on placement applications and post‑placement contact. It underscores the court’s proactive role in safeguarding family relationships through the structure of a formal order where a vulnerable parent would otherwise struggle to maintain meaningful contact. It also confirms that concerns about adoptive placement complexity cannot displace the court’s overarching duty to make decisions in the child’s welfare interests.

The case forms part of 42BR Barristers’ continuing work in complex public law children proceedings, with Damian Woodward‑Carlton KC representing the Local Authority in the appeal.

Re B-A (Placement Order and Contact Order) [2026] EWCA Civ 356 judgment

Case note provided by Alexandra Vivona.

13th Apr 2026

Damian Woodward-Carlton KC

Call 1995 | Silk 2019

Alexandra Vivona

Call 2010 | Admitted as a Solicitor: 2012