header-logo header-logo

14 March 2025 / Nicholas Dobson
Issue: 8108 / Categories: Features , Family , Child law
printer mail-detail

Habeas corpus & challenging care orders

211161
Is there any room for habeas corpus in the modern regime surrounding care orders? Only very exceptionally, the Supreme Court has ruled: Nicholas Dobson reports
  • In The Father v Worcestershire County Council [2025] UKSC 1, habeas corpus was not available to challenge a care order since the appropriate procedure would be either an appeal or an application to discharge the care order under s 39 of the Children Act 1989.

Habeas corpus ad subjiciendum (now simply habeas corpus—an order to produce the body (person)), is an ancient common law prerogative writ by which the sovereign exercises a right to inquire into why any of his subjects have been deprived of liberty. Although recorded by Blackstone in 1305, this appears to have been used before Magna Carta in 1215. Nowadays, habeas corpus is exercised by the High Court at the instance of an aggrieved applicant (see CPR 87). If the detention has no legal justification, release of the relevant party is ordered. As Lord Esher MR explained in Barnardo

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll