September 2, 2025
The Father v Worcestershire County Council [2025] UKSC 1 (29 January 2025)
A father applied for habeas corpus seeking release of his children from foster care under a care order. The Supreme Court held that children in ordinary foster placements are not detained, and habeas corpus cannot be used to challenge care orders where statutory appeal or discharge procedures exist as suitable alternative remedies. Facts The appellant father had two children, aged 11 and 9, who were placed in foster care following care proceedings commenced by Worcestershire County Council. On 9 June 2023, DJ Solomon made a care order under section 31 of the Children Act 1989, having found the threshold conditions
