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14 March 2025 / Nicholas Dobson
Issue: 8108 / Categories: Features , Family , Child law
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Habeas corpus & challenging care orders

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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 v McHugh [1891] 1 QB 194: ‘The writ of habeas

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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