In CF v Secretary of State for the Home Department and Another, the court considered the legality of prison service order 4801, through which the Secretary of State regulates prison mother and baby units. In his judgment, Munby J reflected both on the relationship between public and private law and between Article 8 rights to respect for private and family life in this context. This comment analyses the conclusions reached by the court in these regards and laments their implications for future responses to imprisoned mothers and their children.