Keypoints:
- Court of Appeal orders new hearing in Ghana exile case
- Teen says he feels abandoned and alienated
- Judges say child’s rights were not properly considered
A 14-YEAR-OLD British boy who was sent to Ghana by his parents without his consent has won a legal appeal in the UK Court of Appeal, which ruled on Thursday that the High Court must rehear his case.
The boy, who cannot be identified for legal reasons, had been told in March 2024 that a relative in Ghana was ill. But once there, he discovered his parents had enrolled him in a school — a move they made fearing he was becoming involved in criminal activity in London.
Teen argues he was deceived and abandoned
Describing his experience in Ghana as traumatic, the teenager launched a legal challenge while still abroad, stating he was ‘desperate’ to return to the UK.
His lawyer, Deirdre Fottrell KC, told the court the boy felt ‘culturally displaced and alienated’, adding: ‘He considers himself a British boy, a London boy.’
The boy claims he was mocked at school, struggled to understand lessons, and felt as though he was ‘living in hell’.
Parents acted out of concern, court hears
His parents say the move was made out of love and a desire to protect him, believing he had developed an unhealthy interest in knives and was at risk of gang involvement.
Their barrister, Rebecca Foulkes, argued that Ghana offered the ‘least harmful’ alternative, distancing the teenager from negative influences in the UK.
‘The parents found themselves in a wholly invidious position,’ she said. ‘They believed Ghana was a safe haven.’
Appeal court: child’s voice must be heard
In allowing the appeal, Sir Andrew McFarlane, head of the Family Division, said the previous judge had failed to fully consider the boy’s best interests and growing maturity.
“We have become more and more concerned as to the exercise the judge undertook,” he said. “For those reasons, we are agreed remittal should be allowed.”
The case will now return to the High Court, where a different judge will hear it afresh. A written ruling is expected in the coming weeks.
Significant moment in family law
The boy’s solicitor, James Netto, called the ruling a ‘hugely significant decision’ in international family law.
‘It recognises the importance of listening to and assessing the voices of young people at the heart of legal proceedings that profoundly affect their lives,’ he said.
The case raises wider questions about children’s rights in cross-border custody disputes, particularly when safety concerns clash with personal autonomy.
