Mark Calway’s Court of Appeal case about Section 37 Children Act 1989 Directions features in The Times

7th July 2025

3PB Barristers' (3 Paper Buildings) specialist family law barrister Mark CalwayMark CalwayCall: 1989 has today, 7 July, had his recent Court of Appeal case of Re E (A Child) (Section 37 Direction) [2025] EWCA Civ 470, reported in The Times. The judgment was first handed down on 16 April 2025.

The case involved the placement of an infant, E, in foster care following the mother’s refusal to enter a mother and baby placement. The mother had arranged for the child to stay with her sister, but upon inspection, social workers found the property to be untidy, unhygienic and unsafe. At the conclusion of E’s case management hearing, the scope of the case was extended to the three children of E’s maternal aunt.

The appeal questioned whether, under sections 37(1) and 38(1) of the Children Act 1989, the court had the power to extend the reach of proceedings “to any child about whom it becomes aware during the proceedings or only to a child who is subject of the proceedings”. In the appeal, Mark represented the Second Respondent, the child’s guardian.

The case was reported in The Times today, Monday 7 July 2025. To read the full report, please click here – please note that a subscription to The Times is required.

The full judgment can be accessed here.

To contact or instruct Mark, please contact David Sadler via email, or telephone 0330 332 2633.