In re S (Wardship: Removal to Ghana)

Subject Matter

CHILDREN — Inherent jurisdiction — Wardship

[2025] EWHC 439 (Fam), Fam D

CHILDREN — Wardship — Appeal

[2025] EWCA Civ 1011, CA

AI Summary & Issues

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In the Court of Appeal, S, a 14-year-old, successfully appealed against the discharge of his wardship and the refusal of his return from Ghana to the UK. The court determined that the initial judge had not sufficiently considered S's welfare, including his wish to return home and the emotional impact of his parents' actions. The appeal was allowed, reinstating wardship and remitting the case for rehearing by a different judge, highlighting the necessity for a comprehensive assessment of S's best interests and care options in England.

Issues

• Did the court properly consider S's welfare and best interests in relation to his habitual residence in the UK versus his situation in Ghana, particularly regarding potential harm in both environments?
• Was the judge's evaluation of the parents' exercise of parental responsibility appropriately balanced against S's expressed wishes and feelings, especially considering his Gillick competence and emotional distress?
• Did the judge err by failing to adequately assess the potential harm to S from his enforced stay in Ghana, particularly given his traumatic experience of being taken there against his will?

Commentary

Local Government Lawyer
High Court rejects application by teenage boy to return to UK from boarding school in Ghana Case comment

A Lawyer Writes
Safer in Ghana? Case comment

Transparency Project
14 year old boy taken to Ghana – Appeal judgment Case comment