Mark Calway in the Court of Appeal in a foster care or adoption placement case

9th February 2026

3PB Barristers' (3 Paper Buildings) specialist family law barrister Mark Calway has acted in the Court of Appeal case of Re S (Foster Care or Placement for Adoption) before Justices Lewison, Lewis and Cobb.

Mark represented S, a young girl aged 4 years and 8 months, who had been placed in the care of foster parents due to her mother and close family’s inability to look after her. This case concerned an appeal by the Local Authority against the judge’s decision to refuse a placement.

Reviewing all the facts of the case, the Court of Appeal concluded that HHJ Tolson KC, when refusing the Local Authority’s application for a placement order under section 21 of the Adoption and Children Act 2002, had not made an error of law, had explained his thinking, even though he had not utilised the balance sheet approach in his judgment. His decision had also been criticised for taking into account the likely availability of adoptive placements. The court found that he was entitled to take this into account.

The full judgment can be accessed here.

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