Matiss Krumins success as Supreme Court dismisses father's habeas corpus bid to challenge care order

29th January 2025

3PB family barrister Matiss KruminsMatiss KruminsCall: 2008 (pictured here), who specialises in public law children proceedings and judicial review, represented the local authority before the Supreme Court following the father’s appeal in his application for habeas corpus; and today saw judgement handed down in the case of The Father v Worcestershire County Council [2025].

In summary, the father's application for a writ of habeas corpus was dismissed by both the Supreme Court and the Court of Appeal on the grounds that the children were not detained and that habeas corpus was not the appropriate procedure to challenge a care order.

The courts emphasized that the father had suitable alternative remedies available, such as appealing the care order or applying to discharge it under the Children Act 1989.

Matiss, speaking of the case, said: "The courts noted that habeas corpus cannot be used to challenge the lawfulness of a court order authorizing detention, and that the appropriate remedy would be to challenge the order itself through judicial review or an appeal." To read a full briefing on the case, please click here. The full judgement can be read here.

If you wish to contact Matiss, or speak about instructing him, please contact his clerk, Practice Director Ian Charlton by emailing him on [email protected] or by calling him on 0121 289 4333.