FD24P00406 - [2025] EWHC 2836 (Fam)

S filed an updating statement in which he confirms his wish to return to live here. He describes how he still doesn’t feel integrated in Ghana or part of the community stating ‘My feelings about returning are just as strong as they have always been; I just want to be with my family again’. He describes he has not settled and is doing the best he can, he doesn’t want to live there on his own. He found the repeated moves very unsettling and feels a burden to everyone. This has affected his sleep, he has had a panic attack and felt like he couldn’t breathe. He describes this resulted in him being admitted to hospital for a few days and understands the doctors told him he had developed a stomach ulcer which could have been caused by stress or the spicy food he had been given.

S sets out how hard it has been to make friends in Ghana, he is not able to speak Twi and that has made him feel socially anxious.

At his school there are six children in each dorm, in two separate rooms per dorm. He reports that he gets on with most of the students at the school and has made friends with one of the boys in his dorm. They have a common background as his friend’s parents brought him to Ghana from the United Kingdom. He reports he is now sleeping better but feels when he is stressed or angry he has nowhere to turn. He gets on well with one of the senior students who has been supportive to S as he has experienced many moves but his family live nearby and as S observes he wasn’t ‘tricked into coming here’. Whilst he is doing a similar course to the GCSEs he would have done here, he is concerned that they may not easily transition back to do A levels here and his wish to go to university. If he moved now he feels there is more likely to be a smoother transition. S considers he is more mature and this is reflected in the fact that he has not had any detentions or similar.

As regards contact with his family he speaks to his father most days and he enjoyed seeing him when he recently came to Ghana. He speaks to his mother less regularly, he recognises they are getting on better and likes speaking to her. He misses his sisters and being part of the family unit, he feels excluded from the family, missing family celebrations and feels physically and emotionally distant from them. Whilst he welcomes the plan for the family to visit each holiday if he does remain in Ghana he recognises the financial strain that puts on the family and that, in turn, increases his feelings of being a burden.

He understands the concern about his safety in London. He sets out that he realises he put his parents through a lot of stress, feels bad about that and apologises. He states ‘I know I did some bad things, but I do not think they were a matter of life and death; in any event, my bad decisions are dictating my life now.’ He states he will listen to his mother, he feels he has changed but feel he can’t show or prove this unless he is in London and can show how he has changed. He feels his experience has taught him a lot. He agrees with the description of how he feels abandoned and says that feeling has not gone away. He has matured and been taught a lesson. He denies ever using or carrying a knife but could see by hanging around with the wrong people that was a risk. He says he understands the risk that he may return to his previous behaviours but he realises now that it is not worth it for him, he says he ‘cannot express that enough’. He says he would welcome family therapy and how it would help them move forward as a family.

In his most recent statement S’ father confirms his position that he considers S should remain in Ghana. He has visited Ghana three times this year, each time for a month, and outlines the plans to support S if he remains in Ghana through the involvement of the wider family and visits by S’ parents during the longer school holidays. He hopes these arrangements will reduce the feelings of abandonment S has. Attached to his statement is a video and photos of them together. He confirms he is happy to attend any therapy and sees the value of it. He recognised that S has done his best to get on at school and that this is a stressful situation. He considers S is happy about some things in Ghana.

From what he saw during his recent visit the father believes S has settled well at school, and joined in with after school activities. He agrees that S could potentially return to England in the future to complete his A levels, which is something the parents will keep under active review. Although there had been a tentative plan that S could live with his father, he confirms that is no longer an option as he works fulltime, and would feel unable to manage the risks S would be exposed to. S’ mother has stated she would not care for S if he returned due to what she considers are the high risks he would be exposed to. In those circumstances the father confirms in his statement if he returned S would be placed in foster care. There are no other wider family members who can assist.

The father considers that if S returned here he would be exposed to the same risks. He is aware S still speaks to his friends here and if he returned feels he would be drawn to spend time with them again. When he has challenged S about why he remains in contact with them, he reports S tells his father they are his friends.

He concludes his statement stating ‘I love [S] very much and I am deeply concerned for his well-being. However, as previously stated, I do not believe I can ensure [S’] safety if he remains in England. My primary concern is that [S] remains safe and protected, which I firmly believe it can only be achieved by [S] staying in Ghana. This is not a reflection of a lack of love or care but rather a realistic assessment of the risks involved. Ensuring [S’] safety and allowing him to thrive in a stable environment is the utmost priority, and for these reasons, Ghana is currently the safest and most suitable place for him’. In his oral evidence he was clear that S was not taken to Ghana by his parents as punishment, it was to protect him.

S’ mother confirms her position in her most recent statement and oral evidence; she does not support S returning to live here.In her oral evidence she did not rule out the prospect of S returning here to do his A levels but considers it would need to be looked at nearer the time. She states ‘I agree we should work towards [S] coming home after he has sat his GCSEs.’ She describes her parenting style in her statement and feels that S did not see the consequences of his actions. She expresses very real fear for the risks S was exposed to and she feels he would continue to be exposed to if he returned. She states ‘I do not think I can keep [S] safe and therefore am not prepared for him to come back now. I am not prepared for [S] to return to the risks he was at in London’. She feels S has become more settled at school and sets out the plans for she and her husband to spend time with S during the main school holidays in Ghana.

She would like S to be supported by an organisation who can help him recognise the risks associated with his life in London and agrees to take part in that work as well as any family therapy. As she said in oral evidence ‘It will help [S] understand more about the risk and support us to understand how to manage this situation’. She concludes her statement saying how much she ‘loves [S]. I know he is capable of achieving great things and only want the best for him. It is really hard to be away from him, I would not have done what I did if I did not genuinely believe he was placing himself at significant risk. I feared and continue to fear if he were to come back now, that he could end up dead. I know he does not see it like that…’.

The evidence from the Local Authority sets out what could be available in terms of support services if S is a child in need or a looked after child. If S returned to this jurisdiction S ‘could be considered either a child in need, a child subject to a child protection plan, or a looked after child’.