(Court of Appeal, Thorpe, Lewison LJJ, Hedley J, 25 October 2012) 

The grandparents appealed the decision not to further assess them as potential carers of their grandchild prior to making a final order.

The appellate court had to guard against substituting its discretion for that of the judge. The decision-making process had recognised all of the difficulties the grandparents would face and the possibility of failure and given the considerable delay assessment would cause he had no alternative but to make the order he did.