LONDON, England — A 14-year-old British boy who was sent to Ghana by his parents under false pretences has won a significant legal victory in the Court of Appeal, which has ordered a rehearing of the case that pits parental authority against a child’s right to self-determination.
The teenager, who cannot be named for legal reasons, was taken from London to Ghana in March 2024 after being told a family member was unwell.
In reality, his parents, concerned about his alleged involvement in gang culture and a growing interest in knives, intended to remove him from what they viewed as a harmful environment.
Unhappy and homesick, the boy challenged his parents’ decision in the High Court in London.
In February, the court ruled against him, upholding his parents’ right to have him educated in Ghana.
However, on Thursday, June 12, 2025, the Court of Appeal overturned that decision, citing concerns over how the original judgment was reached.
“We have become more and more concerned as to the exercise the judge undertook,” said Sir Andrew McFarlane, President of the Family Division, who led the appellate panel.
“For those reasons — we are agreed remittal should be allowed.”
The court has directed that the case be reheard by a different judge, with proceedings expected to resume in the coming weeks.
The boy, who has lived in the UK since birth, remains in Ghana where he attends a day school.
During the hearing, his barrister, Deirdre Fottrell KC, said the teenager is “desperate” to return to Britain.
“He is culturally displaced and alienated,” she told the court.
“He considers himself abandoned by his family. He feels he is a British boy, a London boy.”
The Court of Appeal concluded that the original High Court judge, Mr Justice Hayden, had failed to adequately consider the child’s welfare and maturity.
While recognising the parents’ motivation was rooted in “deep, obvious and unconditional love,” the judgment noted the child’s views and best interests were not sufficiently weighed.
Mr Justice Hayden previously found that returning to London posed a greater risk to the boy, given his potential links to gang culture.
“The parents believe — and in my judgement with reason — that their son has at very least peripheral involvement with gang culture and has exhibited an unhealthy interest in knives,” he wrote.
Still, the appeal ruling highlighted the increasing importance courts must place on a child’s voice in legal decisions that affect their lives.
James Netto, solicitor for the boy, described the decision as “hugely significant.”
“We are very pleased indeed that the Court of Appeal has allowed our client’s appeal and has recognised the critical importance of listening to and assessing the voices of young people at the heart of legal proceedings that profoundly affect their lives,” he said.
But the parents’ barrister, Rebecca Foulkes, defended their actions, stating that Ghana offered a necessary safeguard.
“The parents found themselves in a wholly invidious decision when they made the decision they made,” she told the court.
“Ghana provided a safe haven, separate from those who exposed him to risk. The least harmful option is for him to remain in Ghana.”
