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Article summary

On 29 January 2025, the Supreme Court delivered its judgment in The Father v Worcestershire County Council, dismissing the father's appeal against the care order placing his children in foster care. The father had sought a writ of habeas corpus, arguing that the care order was made without jurisdiction and that his children were unlawfully detained. The Court of Appeal had previously dismissed his application, stating that the correct process was to challenge the care order through the procedures outlined in the Children Act 1989 (ChA 1989) and the Family Procedure Rules, rather than through habeas corpus. The Supreme Court agreed, emphasising that the children were not detained but living in a domestic setting typical for their age. The judgment underscores the importance of following established legal procedures for challenging care orders, and highlights the limited scope of habeas corpus in such family law matters. Mark Blundell, Barrister at 1 GC Family Law, comments on the judgment.