Six Members of Chambers Instructed in the Matter of Re: S (A Child) in the Court of Appeal

Four members of chambers will appear in the Court of Appeal today. This is an appeal from an order made by Mr Justice Hayden  sitting in the High Court of the Family Division in February 2025 in the case of  S v F and M [2025] EWHC 439 (Fam). The case concerned a 13 year old boy (now 14)  ‘S’, born in the UK. In March 2024, he was taken to the Republic of Ghana by his parents. The parents and S each held both Ghanaian and British nationality. In September 2024, S applied through his solicitor, to make himself a ward of the High Court and for an order that he be returned to the jurisdiction of England and Wales.

At trial, the court examined whether the parents’ decision to remove S to Ghana was within the ambit of their parental decision making, in circumstances where the parents alleged that S was at risk of peripheral involvement with gang culture. Hayden J ruled that “the decision falls within what I regard as the generous ambit of parental decision-making, in which the State has no dominion.”

S now seeks to appeal the decision.

The live streamed broadcast of the appeal will be accessible from the judiciary’s website from 10.30am.

Acting for the appellant child:

Deirdre Fottrell KC leading, Prof Rob George KC (Harcourt Chambers), and Andrew Powell, instructed by James Netto of The International Family Law Group.

Acting for the respondent parents:

Rebecca Foulkes leading Charlotte Baker, instructed by Forum Shah of Dawson Cornwell.

Charles Hale KC leading Harry Langford and Naomi Hart (Essex Court Chambers), instructed by Amy Rowe of Hunters Solicitors, have provided written submissions on behalf of the International Centre for Family Law Policy and Practice (“ICFLPP”) who were given permission to intervene.

Read the judgment and some of the press coverage from the original decision below:

• Judgment: https://assets.caselaw.nationalarchives.gov.uk/ewhc/fam/2025/439/ewhc_fam_2025_439.pdf
• New York Times: https://www.nytimes.com/2025/02/27/world/europe/uk-ghana-teen-parents-gangs.html
• The Times: https://www.thetimes.com/uk/crime/article/judge-backs-parents-sent-boy-ghana-gangs-london-vnq29ldcv
• BBC: https://www.bbc.co.uk/news/articles/cdryre7y4n0o