Latest news with #DeirdreFottrell
BBC News
2 days ago
- Politics
- BBC News
Legal win for son tricked into moving to Africa by parents
A teenager who was tricked into going to boarding school in Africa has won a significant legal victory against his own 14-year-old boy, who cannot be identified, was taken from London to Ghana in March 2024 after being told a relative was ill. In fact, his parents wanted to get him out of London as they feared he was being drawn into criminal and homesick in Ghana, the boy found lawyers and brought a case against his parents to the High Court in London, which ruled against him in February. On Thursday, he won his appeal, so the case will be reheard. The most senior judge in the Family Division, Sir Andrew McFarlane, said there had been confusion in the previous decision."We have become more and more concerned as to the exercise the judge undertook," he added."For those reasons - we are agreed remittal should be allowed."He urged the family to find a solution through constructive dialogue. At the hearing, the boy's barrister, Deirdre Fottrell KC, said he is "desperate" to return to the UK."He is culturally displaced and alienated," she said."He considers himself abandoned by his family. He feels he is a British boy, a London boy."The boy remains in Ghana and has been attending a day school there. His solicitor, James Netto, described the appeal ruling as a "hugely significant" decision that would "resonate across international family law." He said: "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."The parents' barrister, Rebecca Foulkes, said that staying in Ghana was the "least harmful" option for the boy."The parents found themselves in a wholly invidious decision when they made the decision they made," she said. "Ghana provided a safe haven, separate from those who exposed him to risk."The least harmful option is for him to remain in Ghana."The case centres on the question of parental responsibility, and whether the parents acted unlawfully by sending their son to boarding school without his boy previously told the court that he felt like he was "living in hell". He said he was "mocked" at the school in Ghana and "could also barely understand what was going on".During the previous judgement, High Court judge Mr Justice Hayden said the parents' wish for their son to move to Ghana was "driven by their deep, obvious and unconditional love".He found that the boy, who had lived in the UK since birth, was at risk of suffering greater harm by returning to said that the boy's 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".Sir Andrew said the case will now be reheard by a different judge, with the next hearing planned to take place in the next few weeks.A full decision will be given in writing at a later date.
Telegraph
2 days ago
- Telegraph
Parents ‘abandoned' teenager in Ghana over fears he would become a gangster in Britain
Parents 'abandoned' a teenage boy in Ghana over fears he would become a gangster if he remained in Britain, a court has heard. The boy, who cannot be identified, started a family court case after his parents enrolled him at a boarding school in the west African country before leaving him abroad in March 2024. The parents were said to be concerned that the teenager was at risk of engaging in criminal activity or being killed due to knife crime. At a previous hearing, he said he had been 'tricked' and his lawyers asked a judge to order that he be brought back to the UK, having lived in the country since birth. In a decision in February, High Court judge Mr Justice Hayden did not make the order, finding the teenager 'is at real risk of suffering greater harm in returning to the UK than if he were to remain in Ghana'. The teenager is now bringing a challenge over the decision at the Court of Appeal in London, which his parents oppose. 'Feels that he is a British boy' At a hearing on Thursday, Deirdre Fottrell KC, the boy's barrister, said that it was his 'steadfast and firm wish' for the appeal judges to order his return to the UK. She said: 'It is alienating for him and he feels that he is a British boy... he never envisaged the situation that he would be living away from his family in another country and away from all that is familiar to him.' Ms Fottrell said the boy is 'highly distressed' about the situation and feels 'abandoned' by his family. She continued: 'He really is quite desperate to return... to return to his family, to return to his social life and the structure in which he was living, but also to return to the UK.' In written submissions, the barrister said the previous judge failed to give 'due weight' to the boy's feelings and autonomy and also 'erroneously limited' his role in reviewing whether the decision to move the boy to Ghana was within the scope of parental responsibility. Ms Fottrell added: 'In the instant case Mr Justice Hayden discounted [the boy's] wishes and feelings, assuming that there was a clear and tangible threat to his welfare. 'He discounted evidence that any threat was not capable of being ameliorated by other safeguards or protective measures.' Rebecca Foulkes, for the parents, said they 'found themselves in a wholly invidious position in March when they made the decision which they made'. The barrister said in written submissions that the previous judge's decision was 'well reasoned' and 'fell well within the parameters of reasonable decisions open to him'. Worrying conversations on Snapchat The High Court previously heard that the parents' concerns about their son had been growing before the decision to take him out of the UK. These concerns included poor school attendance, being aggressive, susceptibility to being groomed, an allegation of stealing phones and worrying conversations on Snapchat, a social media channel. In his ruling, Mr Justice Hayden said he accepted that the teenager was involved in criminal activity and was at least 'on the periphery' of gang culture. Ms Foulkes said in her written submissions on Thursday: 'The conclusion reached, on the facts of this case, cannot be said to be anything other than a sound welfare decision.' The barrister later said that while the boy's wishes and feelings are a 'central aspect' of the decision over what is in his best interest, 'ultimately, the court determined that his best interests required that his views should not prevail'. During the previous proceedings, the boy said he would rather be in foster care in the UK than remain in his current situation. Ms Foulkes said the previous judge was entitled to conclude that the teenager 'had little understanding of what entering the care system truly involves' and that he was 'likely to continue to reject the authority of his parents, school and other adults, and his acting out and risk-taking behaviours were highly likely to increase' if he were placed in care. The hearing before Sir Andrew McFarlane, Lord Justice Baker and Lord Justice Arnold is due to conclude on Thursday.
