Jurisdiction(s):
United Kingdom

The Father v Worcestershire CC: UKSC holds foster care is not detention; habeas corpus and judicial review cannot circumvent Children Act 1989 remedies (England and Wales)

Published on: 06 February 2025

Published by a LexisNexis Family expert

Legal News

Article summary

The Father (Appellant) v Worcestershire County Council (Respondent) [2025] UKSC 1 What are the practical implications of this case?

Acting without legal representation, the father pursued his case to the Supreme Court, which entertained his submissions and examined the legal position that would have applied had the children been confined rather than living in foster care. The Court heard him in full and addressed the framework relevant to situations where children would, in fact, have been deprived of liberty rather than cared for by foster families. Its status as guidance will assist judges dealing with analogous cases in practice. The decision offers guidance for family courts facing comparable applications and, by extension, informs deprivation of liberty matters. On whether care orders issued by the High Court or the Family Court are susceptible to judicial review, the Supreme Court observed that an order of the High Court is not amenable to judicial review because that court has unlimited jurisdiction; the correct avenue is appeal or a bid for reconsideration (para [59]). By contrast, the Family Court exercises limited jurisdiction and can, in principle, be reviewed judicially; however, judicial review is unavailable where an adequate alternative remedy exists, including a statutory right of appeal...

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