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Application No. 9303/81

Joan Vera BRANT and another

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. 9303/81 introduced by

Joan Vera Brant and her son E. against the United Kingdom on 2 March

1981 under Article 25 of the Convention for the protection of Human

Rights and Fundamental Freedoms. The application was registered on

16 March 1981.

2. The applicants were represented initially by Messrs. Ouvry,

Goodman & Co., solicitors, Sutton and subsequently by

Mr. E.A.C. Goodman, solicitor, of Sutton.

3. The Government were represented by their Agents, first

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

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

4. On 13 October 1986, the European Commission of Human Rights

declared admissible the second applicant's complaints concerning his

right to education and the first applicant's complaints concerning her

parental rights to have the second applicant educated in conformity

with her own philosophical convictions. The remainder of the

application was declared inadmissible*. 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."

________________

* This decision is public and can be obtained from the

Commission's Secretary.

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. 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 who at the time of

lodging the application were resident at Morton-on-Lugg,

Herefordshire. The first applicant is the mother of the second

applicant, a son, born on 1966.

7. The application concerns the refusal by the first applicant to

allow corporal punishment of her son at school, and her son's

subsequent suspension from school in 1979. Proceedings were brought

against the first applicant and in July 1980 she was fined £25 by the

Magistrates Court for failing to register her son at the school.

8. The second applicant did not return to school and did not

attend any school from December 1979 until May 1982 when he reached

school leaving age.

9. Before the Commission, the applicants complained in

particular that the second applicant's suspension from school was

contrary to his right to education ensured by Article 2 first sentence

of Protocol No. 1 to the Convention. The first applicant complained,

under Article 2 second sentence, that the proposed punishment of her

son and the use of corporal punishment in the school were contrary to

her right to have her son educated in conformity with her own

philosophical convictions.

10. The application was introduced on 2 March 1981 by the

applicants and registered on 16 March 1981. On 5 March 1983 the

Commission decided to bring the application to the attention of the

respondent Government without asking them to submit written

observations pending the outcome of certain other applications before

the Commission against the United Kingdom concerning corporal

punishment in schools.

11. The Commission decided on 11 March 1985 that the respondent

Government should be invited to submit their observations on the

admissibility and merits of the application. The respondent

Government's observations were submitted on 7 June 1985 and the

observations of the applicants on 22 August 1985. The respondent

Government submitted further observations on 28 April 1986. The

Commission decided on 24 January 1986 that the applicants be granted

free legal aid.

12. The Commission declared the application admissible on

13 October 1986.

II. SOLUTION REACHED

13. 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.

14. 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 ex

gratia payments with a view to achieving a friendly settlement

of the above application:

- £3500 to the second applicant,

- £500 to the first applicant.

In addition, the Government are prepared to pay the

applicants' reasonable costs in the domestic and Strasbourg

proceedings."

15. The contents of this declaration was transmitted to the

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

the Commission as follows:

"Thank you for your letter of 9 July 1987. I confirm that

the proposals therein are regarded as satisfactory by

the applicants".

16. 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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BRANT AND ANOTHER v. THE UNITED KINGDOM

BRANT AND ANOTHER v. THE UNITED KINGDOM