Berg and John-John-Baptiste vs The London Borough of Tower Hamlets and Others

This case concerned an application by BBC journalists Sanchia Berg and Ashley John-John-Baptiste for the disclosure of court documents and permission to report on the use of deprivation of liberty orders in respect of children.

TLDR:

• BBC journalists sought access to court documents for a special report on deprivation of liberty orders.
• The court granted permission for the disclosure of transcripts and other documents.
• The court balanced the public interest in transparency against privacy concerns.
• The case highlighted the importance of open justice and freedom of expression.

The applicants, Sanchia Berg and Ashley John-John-Baptiste, both journalists with the BBC, applied for permission to access transcripts and court documents related to hearings held in the East London Family Court concerning deprivation of liberty orders and secure accommodation orders in respect of Zahra Codsi. The respondents, including the London Borough of Tower Hamlets and other individuals, did not appear or were not represented in the proceedings.

The application was made in the context of a special report being prepared by Mr. John-Baptiste, with assistance from Ms. Berg, into the use of Deprivation of Liberty Safeguarding Orders (DoLS orders) in respect of children and young people. Mr. John-Baptiste, who has personal experience as a looked-after child, considered Ms. Codsi's story compelling and significant for public interest reporting.

Ms. Codsi, now an adult, had been the subject of court orders restricting her liberty as a child. These included secure accommodation orders under s.25 of the Children Act 1989. She supported the application for disclosure, wishing to highlight her experiences and the impact of these orders on her life.

The court directed that the parties to the previous proceedings be served with the application. However, it was not possible to serve Ms. Codsi's parents due to a lack of contact information. No representations were received from the local authority or Cafcass regarding the application.

In determining the application, the court received written and oral submissions from Ms. Overman, representing the applicants. The court considered the public interest in reporting on the use of DoLS orders, the importance of transparency in the family justice system, and the need to balance this against the privacy rights of the individuals involved.

The court noted the significant public interest in understanding the use of DoLS orders, particularly given the limited data available and the concerns expressed by judges about their impact on young people. The court also acknowledged the BBC's commitment to ensuring fair and accurate reporting in line with its Editorial Standards.

Ultimately, the court granted the application, allowing the applicants to access the requested transcripts and documents and to report on their contents. The court emphasized the importance of open justice and the role of the media in informing the public about significant issues in the family justice system.