Family Law

Against the backdrop of a rising population of imprisoned mothers, the joint cases of R (P) v Secretary of State for the Home Department and another; R (Q and another) v Secretary of State for the Home Department and another challenged the legality of English prison service policy under the Human Rights Act 1998. Highlighting the idiosyncratic position on the residence of children in prison with their mothers throughout Europe, this article examines the basis for the challenge and highlights the broader impact of its recognition of Article 8 rights on the prison environment, sentencing policy and home leave procedures.