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THREE MEMBERS OF THE A. FAMILY v. THE UNITED KINGDOM

Doc ref: 10592/83 • ECHR ID: 001-45393

Document date: July 16, 1987

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THREE MEMBERS OF THE A. FAMILY v. THE UNITED KINGDOM

Doc ref: 10592/83 • ECHR ID: 001-45393

Document date: July 16, 1987

Cited paragraphs only

Application No. 10592/83

Three members of the A. family

against

the United Kingdom

REPORT OF THE COMMISSION

adopted on 16 July 1987

TABLE OF CONTENTS

Page

INTRODUCTION ........................................ 1

Part I: STATEMENT OF THE FACTS ..................... 3

Part II: SOLUTION REACHED .......................... 4

INTRODUCTION

1. This Report relates to application No. 10592/83 introduced by

the three applicants against the United Kingdom on 2 June 1983 under

Article 25 of the Convention for the protection of Human Rights and

Fundamental Freedoms. The application was registered on

12 September 1983.

2. The applicants were represented first by Messrs. Roper & Co.,

solicitors, Sheffield, succeeded by Messrs. Wilford McBain,

solicitors, London.

3. The Government were represented by their Agents, first

Mrs. A. Glover, succeeded by Mr. M.R. Eaton, Mr. J.A. Grainger and

Mr. M. Wood, all of the Foreign and Commonwealth Office.

4. On 22 January 1986, the European Commission of Human Rights

declared admissible the applicants' complaints that the corporal

punishment administered to the second and third applicants constituted

a violation of their rights under Article 3 of the Convention, and that

these incidents of corporal punishment constituted an unjustified

interference with the rights of the second and third applicants to

respect for their private life under Article 8 of the Convention. The

Commission then proceeded to carry out its task under Article 28 of

the Convention which provides as follows:

"In the event of the Commission accepting a petition referred

to it:

a. it shall, with a view to ascertaining the facts undertake

together with the representatives of the parties an

examination of the petition and, if need be, an

investigation, for the effective conduct of which the

States concerned shall furnish all necessary facilities,

after an exchange of views with the Commission;

b. it shall place itself at the disposal of the parties

concerned with a view to securing a friendly settlement

of the matter on the basis of respect for Human Rights as

defined in this Convention."

5. The Commission found that the parties had reached a friendly

settlement of the case and on 16 July 1987 it adopted this Report

which, in accordance with Article 30 of the Convention, is confined

to a brief statement of the facts and of a solution reached.

The following members of the Commission were present when the

Report was adopted:

MM. C.A. NØRGAARD, President

J.A. FROWEIN

S. TRECHSEL

F. ERMACORA

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.C. SOYER

H.G. SCHERMERS

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs G.H. THUNE

Sir Basil HALL

M. F. MARTINEZ

I. STATEMENT OF THE FACTS

6. The applicants are United Kingdom citizens, residing in

England. The first applicant is the mother of the second and third

applicants. The second applicant was born in 1967 and the third

applicant was born in 1969.

7. The application concerns the corporal punishment administered

to the second and third applicants at a State school they were

attending.

8. Before the Commission, the applicants complained, in

particular, that the corporal punishment administered to the second

and third applicants amounted to "torture or inhuman treatment",

contrary to Article 3 of the Convention. The applicants further

complained, under Article 8 of the Convention, that the second and

third applicants had become victims of an unjustified interference

with their right to respect for private life.

9. The application was introduced on 2 June 1983 by the

applicants and registered on 12 September 1983. On 2 October 1984 the

Commission decided to bring the application to the attention of the

respondent Government inviting them to submit in writing their

observations on the admissibility and merits of the application. The

Government's observations were submitted on 1 February 1985 and their

supplementary observations were submitted on 6 February 1985. The

applicants' observations in reply were submitted on 7 March 1985.

10. The Commission decided on 13 May 1985 to invite the parties to

make further submissions on admissibility and merits at a hearing

which took place on 22 January 1986.

11. The Commission declared the application admissible on

22 January 1986.

II. SOLUTION REACHED

12. Following its decision on the admissibility of the

application, the Commission placed itself at the disposal of the

parties with a view to securing a friendly settlement in accordance

with Article 28 (b) of the Convention and invited the parties to

submit any proposals they wished to make.

13. In accordance with its usual practice the Commission

instructed its Secretary to contact the parties for this purpose.

Following a meeting and an exchange of correspondence channelled

through the good offices of the Commission the Agent of the

Government, by letter of 1 July 1987, made the following declaration:

"I have the honour to refer to the discussions which have

taken place concerning a friendly settlement of the above

application.

The Government of the United Kingdom would recall the

provisions of the Education (No. 2) Act 1986, which received

the Royal Assent on 7 November 1986. The relevant provisions

of the Act are Section 47 (abolition of corporal punishment)

and Section 48 (abolition of corporal punishment: Scotland).

These provisions come into force on 15 August 1987. Similar

arrangements will apply in Northern Ireland: the Education

(Corporal Punishment) (Northern Ireland) Order 1987 (S.I.

1987/461).

The Government are prepared to make the following

proposals with a view to achieving a friendly settlement

of the above application:

1. An ex gratia payment of £3000 to the second applicant.

2. An ex gratia payment of £1500 to the third applicant.

3. In relation to local government files, the Government would

undertake that, with the exception of the school's daily log,

its punishment book and the minutes of meetings of the school

governors, all files held by the relevant local authority and

school relating to this case would be destroyed within seven

years of the date of the settlement, and that until that date

such files would not be made available to the public.

4. In relation to central government files, the Government would

undertake that, when the end of the 30 year period provided

for under the Public Records Act is approaching, the

departments concerned would apply to the Lord Chancellor for

extended closure of these files on grounds of their personal

nature. The departments would be willing to arrange for a

note to be placed on the relevant files detailing the

applicants' concern and drawing the personal nature of the

files to the attention of the reviewers who will be concerned

at the appropriate time.

In addition, the Government are prepared to pay the

applicants' reasonable costs in the Strasbourg proceedings."

14. The content of this declaration was transmitted to the

applicants' representative, who by letter of 10 July 1987 submitted

the following declaration on behalf of the applicants:

"We have received your communication of 9 July and confirm

that the applicants regard these proposals as satisfactory

and the application may be settled on those terms."

15. On 16 July 1987 the Commission noted that the parties had

reached agreement regarding the terms of settlement. The Commission

also noted the provisions of the Education (No. 2) Act 1986 which

received the Royal Assent on 7 November 1986 concerning corporal

punishment in schools. The Commission found, having regard to Article

28 (b) of the Convention, that a friendly settlement of the present

application had been secured on the basis of respect for Human Rights

as defined in the Convention.

For these reasons, the Commission adopted this Report.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

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