S v F & Anor

S v F & Anor

S's best interests require him to remain in Ghana due to credible evidence of criminal exploitation and gang involvement in London, lack of viable placement options in the UK, and the protective environment provided by his family in Ghana. The parents' exercise of responsibility was lawful and justified; the State should not interfere.

Parties
Applicant: S; First Respondent: F; Second Respondent: M
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Wardship / Final Judgment
Outcome
Application refused; S to remain in Ghana.
Legal Topics
Wardship, Habitual Residence, Parental Responsibility, Best Interests of the Child, Child Criminal Exploitation, Gang Culture, Children Act 1989, UNCRC Article 12
Family Law Child Welfare Wardship Habitual Residence Parental Responsibility Best Interests of the Child Child Criminal Exploitation Gang Culture +2 more

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Parties

S

Applicant

F

First Respondent

M

Second Respondent

Procedural Posture

Wardship / Final Judgment

Legal Issues

  1. 1 Whether S should be returned to England and Wales from Ghana
  2. 2 Whether parental exercise of responsibility in removing S to Ghana was lawful
  3. 3 Assessment of S's best interests in light of risk factors and parental concerns

Ratio Decidendi

S's best interests require him to remain in Ghana due to credible evidence of criminal exploitation and gang involvement in London, lack of viable placement options in the UK, and the protective environment provided by his family in Ghana. The parents' exercise of responsibility was lawful and justified; the State should not interfere.

Court Disposition

Application refused; S to remain in Ghana.

Orders

  • S remains a ward of court but is not to be returned to England and Wales.
  • No public law proceedings or care orders to be initiated.