Teenager Wins Appeal to Challenge Parents’ Decision to Send Him to Ghanaian Boarding SchoolA 14-year-old British boy has secured a notable legal victory against his parents, challenging their decision to send him to a boarding school in Ghana. The case, which underscores the complex interplay between parental responsibility and a child’s rights, will now be reheard by the High Court in London.
The unnamed teenager was transported from London to Ghana in March 2024, under the premise of visiting an ill relative. However, it emerged that his parents’ true intention was to remove him from London due to concerns about his potential involvement in criminal activity.
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Despite being unhappy and homesick in Ghana, the boy initiated legal proceedings against his parents, with the case reaching the High Court in London. Although the initial ruling in February favoured the parents, the boy successfully appealed the decision on Thursday. Sir Andrew McFarlane, the most senior judge in the Family Division, stated that there had been “confusion in the previous decision,” expressing increasing “concern as to the exercise the judge undertook.” He added that the court “agreed remittal should be allowed,” and urged the family to pursue a resolution through constructive dialogue.
Deirdre Fottrell KC, representing the boy, emphasised his strong desire to return to the UK, stating he is “desperate”.
She highlighted that he feels “culturally displaced and alienated” and “abandoned by his family,” identifying himself as “a British boy, a London boy.”
Conversely, Rebecca Foulkes, barrister for the parents, argued that remaining in Ghana was the “least harmful” option. She asserted that the parents faced a “wholly invidious decision” and that “Ghana provided a safe haven, separate from those who exposed him to risk.”
At the core of the case is the tension between parents’ legal responsibility for their child and the child’s burgeoning rights to influence decisions profoundly affecting their lives. The Court of Appeal found that the initial judge had not adequately considered the boy’s best interests and welfare, particularly given that he had acknowledged the boy’s maturity to make certain decisions for himself. The boy had previously testified to feeling “like he was living in hell,” being “mocked” at the Ghanaian school, and “could also barely understand what was going on.”
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In the previous judgment, Mr Justice Hayden had recognised the parents’ decision as “driven by their deep, obvious and unconditional love.” He had concluded that the boy, who had resided in the UK since birth, faced a greater risk of harm if he returned to London, citing the parents’ belief, which he deemed “with reason,” that their son had “at very least peripheral involvement with gang culture and has exhibited an unhealthy interest in knives.”
James Netto, the boy’s solicitor, hailed the appeal ruling as “hugely significant,” anticipating it would “resonate across international family law.” He underscored the court’s recognition of “the critical importance of listening to and assessing the voices of young people at the heart of legal proceedings that profoundly affect their lives.”
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The boy currently remains in Ghana, attending a day school. The case is scheduled to be reheard by a different judge within the next few weeks, with a full written decision to be issued subsequently.
