“5. Hayden J heard evidence from S' father. He measured that evidence against NSPCC guidance on 'Criminal Exploitation and Gangs', which he found to be a helpful and forensically useful document. S did not give evidence or otherwise directly engage in the hearing, but in written statements he sought to explain away the seriousness of some of the behaviour that had been of concern to his parents. Hayden J nevertheless accepted the evidence of a social worker that a 'striking number' of the signs and behaviours cited in the NSPCC guidance could be identified in the evidence of S' behaviour in the period prior to his removal to Ghana. The judge 'broadly adopt[ed the social worker's] identification of the factual matrix' and he listed some 21 individual findings of fact [paragraph 27]. These can be summarised as follows: a) Deteriorating behaviour at school and poor school attendance: increasingly being recorded as late, a 2-day internal exclusion in 2023 for fighting, incomplete homework on multiple dates in 2023/24 and investigation for possession of an expensive jacket; b) At home his parents struggled to manage S' behaviour, especially his anger and defiance, which became more aggressive in 2024. Physical force was reportedly used by both sides during conflicts. S often had angry outbursts, swore, slammed doors, and was aggressive. His parents were distressed when S stayed out late or was unreachable. S would lie to his parents and sneak out at night, often misleading them about his whereabouts. c) S's behaviour was influenced by peer pressure and a desire to fit in. S was described as withdrawn and sullen at school, which was uncharacteristic. d) In July 2023 there was a GP referral to children's services after S alleged physical discipline by his mother. e) In November 2023, S punched his father to avoid going to school and, later that month, the parents called police when S had not returned home by 11pm. f) In February 2024, S returned home with a swollen eyebrow after being punched by a peer. He downplayed the incident, but it aligned with earlier concerns about peer intimidation. g) In March 2024, S stayed out until 1:30am and was unreachable on his phone during that time. The parents reported that he had become secretive and dishonest about his whereabouts and possessions. h) S received an iPhone 11 (apparently from a friend) and his parents could not control its use. Conflicting accounts given by S about the phone's ownership suggested dishonesty. He was then found with a second phone and refused to disclose its source. i) In March 2024, S was accused of stealing phones and advertising them on social media. His parents found troubling social media messages suggesting involvement in theft. j) In July 2024 (after S had gone to Ghana), police reported that S had obtained an indecent image from a girl which he then shared with others. k) In August 2024, the parents, who had before the move to Ghana found videos and photographs on S' phone showing S and friends with knives, found a hidden kitchen knife at their home. l) S shared his bank account details with a stranger and participated in suspicious money transfers. Messages suggested involvement in fraudulent activity (S' explanation was inconsistent and deemed unreliable by the court)..”
“51. [S] considers he feels his behaviour is the central focus and, in that way,he feels blamed and abandoned by his family. The feelings of abandonment werereinforced by his move to Ghana. 52. Harm may be suffered by not feeling integrated in his family and his parentsnot being able to deal with, and understand, his behaviour, and the effects oftheir behaviour on his development. 53. Harm may be caused by his stay in Ghana because the underlying familydynamics cannot be addressed. Harm can be caused, should he return to theUK, due to a risk of reengagement with people on the periphery of or in gangculture.”