FD24P00406 - [2025] EWHC 2836 (Fam)

The detailed background is already set out in the previous judgments.

In summary, S was born in England. He is the youngest of three siblings. His parents, originally from Ghana moved to the UK in the early 2000s. S holds both British and Ghanaian citizenship.

During 2023 and early 2024 S’ parents became increasingly concerned for his safety as a result of a disinterest in school and a growing number of incidents which indicated to S’ parents that S was becoming involved in the gang culture which was prevalent in the area in which the family lived.

The Court of Appeal summarised the findings made by Hayden J as follows:

“5.

Hayden J heard evidence from S' father. He measured that evidence against NSPCC guidance on 'Criminal Exploitation and Gangs', which he found to be a helpful and forensically useful document. S did not give evidence or otherwise directly engage in the hearing, but in written statements he sought to explain away the seriousness of some of the behaviour that had been of concern to his parents. Hayden J nevertheless accepted the evidence of a social worker that a 'striking number' of the signs and behaviours cited in the NSPCC guidance could be identified in the evidence of S' behaviour in the period prior to his removal to Ghana. The judge 'broadly adopt[ed the social worker's] identification of the factual matrix' and he listed some 21 individual findings of fact [paragraph 27]. These can be summarised as follows:

a)

Deteriorating behaviour at school and poor school attendance: increasingly being recorded as late, a 2-day internal exclusion in 2023 for fighting, incomplete homework on multiple dates in 2023/24 and investigation for possession of an expensive jacket;

b)

At home his parents struggled to manage S' behaviour, especially his anger and defiance, which became more aggressive in 2024. Physical force was reportedly used by both sides during conflicts. S often had angry outbursts, swore, slammed doors, and was aggressive. His parents were distressed when S stayed out late or was unreachable. S would lie to his parents and sneak out at night, often misleading them about his whereabouts.

c)

S's behaviour was influenced by peer pressure and a desire to fit in. S was described as withdrawn and sullen at school, which was uncharacteristic.

d)

In July 2023 there was a GP referral to children's services after S alleged physical discipline by his mother.

e)

In November 2023, S punched his father to avoid going to school and, later that month, the parents called police when S had not returned home by 11pm.

f)

In February 2024, S returned home with a swollen eyebrow after being punched by a peer. He downplayed the incident, but it aligned with earlier concerns about peer intimidation.

g)

In March 2024, S stayed out until 1:30am and was unreachable on his phone during that time. The parents reported that he had become secretive and dishonest about his whereabouts and possessions.

h)

S received an iPhone 11 (apparently from a friend) and his parents could not control its use. Conflicting accounts given by S about the phone's ownership suggested dishonesty. He was then found with a second phone and refused to disclose its source.

i)

In March 2024, S was accused of stealing phones and advertising them on social media. His parents found troubling social media messages suggesting involvement in theft.

j)

In July 2024 (after S had gone to Ghana), police reported that S had obtained an indecent image from a girl which he then shared with others.

k)

In August 2024, the parents, who had before the move to Ghana found videos and photographs on S' phone showing S and friends with knives, found a hidden kitchen knife at their home.

l)

S shared his bank account details with a stranger and participated in suspicious money transfers. Messages suggested involvement in fraudulent activity (S' explanation was inconsistent and deemed unreliable by the court)..”

In allowing the appeal, the Court of Appeal judgment made clear that the detailed findings made by Hayden J at paragraph 27 of his judgment, summarised above, remained in place.

S has had a number of moves during his time in Ghana. Between July 2024 to August 2025 he has had six moves to stay with different relatives. S describes how he has found those moves unsettling, particularly when they have happened at short notice.

Whilst initially placed in a boarding school in April 2024, he left that school and moved to online tutoring and did not re-start attending school again until this academic term when he started as a boarder at Y school in September 2025. He has now completed half a term there.

Since his parents first left him in Ghana in April 2024 he has only seen his father when he has visited Ghana to see him. His father has visited three times, each visit for about a month. His relationship with his mother was difficult after the events in April 2024 and they had no contact for a number of months. More recently they have resumed being in contact by telephone which has gone well. In oral evidence the mother said she has tickets booked to go out to visit S for four weeks in mid-December. S has not seen his siblings since April 2024 although maintains contact with them via social media. There are no plans for S’ siblings to visit Ghana. S’ father returned from Ghana just before this hearing. He had been out there for about four weeks and was there to oversee S starting at his new school. S’ father told me that there is now a settled arrangement for S to stay with an uncle during each school holiday. He reported that S gets on well with his uncle’s wife, so going forward, if S remains in Ghana, there will be more stability when S is not at school.