(Court of Appeal, Thorpe, Rimer LJJ, Baron J, 20 November 2012)
The 4-year-old child was in a successful placement with foster carers who indicated that should the child remain in their long-term care they would be willing to facilitate contact with the biological family.
The judge granted a placement order for the child to remain with the foster carers but declined to order contact on the basis that it was not in the best interests of the child. The father and paternal grandmother appealed and claimed the judge should have made a special guardianship order.
The appeal was dismissed. The option of a special guardianship order had not been argued before the judge and the issue of contact was not forcefully pursued. Faced with the arguments before him the judge could not be criticised for the manner in which he proceeded.