Tara Vindis and Laura Hibberd appear in reported case concerning placement orders for children in care proceedings

Tara Vindis and Laura Hibberd appeared in the recently reported case of Re C & Ors (Children: Placement or Special Guardianship) [2026] EWFC 231 (B), a complex and challenging decision concerning the court’s approach to placement orders and special guardianship for four siblings in care proceedings.  

HHJ Willans was required to consider whether the children’s welfare was best served through adoption, long-term foster care or placement within their wider family network under Special Guardianship Orders.  The Court also considered whether it was a realistic prospect for the four siblings to be placed together.  

Each of the children had different relationships with their birth family but it was clear from a comprehensive assessment of the siblings’ relationship that the children’s relationship with each other was strong and ought to be maintained if at all possible.  

The Court  noted the important point made by Peter Jackson LJ in  Re D-S (A Child: Adoption or Fostering) [2024] EWCA Civ 948 namely that when a Court is considering the choice between adoption and foster care, the Court’s primary task is to take a decision as to whether one or the other is right for the child as a matter of principle, the court further  noting that  when considering evidence as to placement availability the Court will always be engaged in a relatively high level of speculation.

The Court concluded that long-term foster care was simply not the right option for any of these children. The upsides were significantly outweighed by the absence of a permanent relationship which grounds the children and provided them with the emotional love and commitment that they both deserved and demanded. The fact that a placement may not be found was not in the Court’s judgment the answer to the case. It is not for the judge to gauge whether such a placement is more likely than not to be found but whether if found it would be the right outcome for each child.

The judgment highlights the court’s careful evaluation of permanence options and reinforces the importance of considering family-based care arrangements where they can safely meet a child’s welfare needs. 

Tara Vindis represented the Local Authority in the matter and Laura Hibberd, instructed by Hanne & Co, represented the First Respondent. 

The judgment was handed down on 12 August 2026 and can be read in full on BAILII here.