BB, R (on the application of) v The Commissioner of Police of the Metropolis

Facts

BB was arrested in May 2024 on suspicion of coercive and controlling behaviour towards his former partner, Z, and later arrested and charged with breaching a non-molestation order made against him; he faces trial on indictment, listed for November 2026. Metropolitan Police officers, including the officer in the case, DC Archer, communicated with Z by WhatsApp, exporting some conversations as evidential material but not others, and a second witness statement disclosed further exports that had earlier been overlooked. BB brought judicial review proceedings against the Commissioner of Police of the Metropolis challenging the Commissioner's Guidance on the use of WhatsApp and other instant messaging apps on MPS-issued devices, in particular the instruction that officers activate the 'disappearing messages' function so that WhatsApp conversations are automatically deleted ninety days after receipt without a reliable retention mechanism. He advanced four grounds: that the Guidance authorised unlawful conduct contrary to Gillick v West Norfolk and Wisbech Area Health Authority and R (A) v Secretary of State for the Home Department; that it frustrated the purposes of the Police Reform and Social Responsibility Act 2011 contrary to Padfield v Minister of Agriculture, Fisheries and Food; that it was Wednesbury unreasonable; and that it unjustifiably interfered with his right to a fair trial under Article 6 ECHR and at common law. Permission was granted on all four grounds by Sarah Clarke KC, sitting as a Deputy High Court Judge, on 4 November 2025, and McKendrick J heard the claim over two days in May 2026, with further evidence and submissions filed afterwards.