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Application No. 9119/80

John Thomas TOWNEND Sr. and John Thomas TOWNEND Jr.

against

the UNITED KINGDOM

REPORT OF THE COMMISSION

adopted on 23 January 1987

TABLE OF CONTENTS

Page

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

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

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

&_INTRODUCTION&S

1. This Report relates to Application No. 9119/80 introduced by

John Thomas Townend Sr. and John Thomas Townend Jr. against the United

Kingdom on 24 July 1980 under Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms. The application

was registered on 18 September 1980.

The applicants were represented by Messrs. Irwin Mitchell & Co.,

Solicitors, Sheffield.

The Government were represented by their Agents, first

Mrs. A. Glover, succeeded by Mr. M. Eaton, and Mr. I. Hendry, all of

the Foreign and Commonwealth Office.

2. On 6 March 1985, 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 his

parental rights to have the second applicant educated in conformity

with his 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.

9119/80

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

settlement of the case and on 23 January 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

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

G. TENEKIDES

B. KIERNAN

A. S. GÖZÜBÜYÜK

A. WEITZEL

J. C. SOYER

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs. G. H. THUNE

Mr. F. MARTINEZ

9119/80

Part I

STATEMENT OF THE FACTS

4. The first applicant is a United Kingdom citizen, born in

1927, and residing at Holme, Rotherham, South Yorkshire. The second

applicant is his son, born on 24 April 1964.

5. The application concerns the refusal by the first applicant

to allow corporal punishment of his son at school and his son's

subsequent suspension from school in 1979. Proceedings were brought

against the first applicant by the Director of Education, but later

withdrawn.

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

take any school leaving examinations.

7. 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 his son and the

use of corporal punishment in the school were contrary to his right to

have his son educated in conformity with his own philosophical

convictions.

8. The application was introduced on 24 July 1980 by the first

applicant and registered on 18 September 1980. On 19 August 1983,

counsel informed the Commission that the first applicant's son

should also be considered as an applicant. On 10 March 1981 the

Commission decided to bring the application to the attention of the

respondent Government without asking them to submit written

observations pending the decision of the European Court of Human

Rights in the Campbell and Cosans case. Following the Court's

judgment in the case of Campbell and Cosans on 25 February 1982

(Eur. Court H.R., Series A No. 48) the first applicant on 8 July 1982

made further submissions in the light of that judgment.

9. The Commission decided on 14 October 1982 that the Government

should be invited to submit their observations on the admissibility

and merits of the application. The Government's observations were

received on 23 March 1983. The applicants did not submit further

observations in reply. The Commission decided on 18 May 1984 that

the applicants be granted free legal aid.

10. The Commission declared the application admissible on

6 March 1985.

9119/80

Part II

SOLUTION REACHED

11. 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.

12. In accordance with its usual practice the Commission

instructed its Secretary to contact the parties for this purpose.

Following an exchange of correspondence channelled through the good

offices of the Commission the Agent of the Government, by letter of

8 December 1986, made the following declaration:

"I have the honour to confirm that

the Government is prepared, in full and final

settlement of this application, to make the

following payments to the applicant and his

son in friendly settlement:

(a) An ex gratia payment to John Thomas

Townend Jr. of £3,000;

(b) An ex gratia payment to John Thomas

Townend Sr. of £200;

(c) The sum of £2,300 in respect of the

applicants' costs incurred in respect of

the proceedings before the Commission."

13. The applicants' representative, by letter of 5 January 1987

submitted the following declaration on behalf of the applicants:

"With reference to Application No. 9119/80 pending

before the European Commission of Human Rights and

in view of the declaration made by the United

Kingdom Government on 8 November 1986, I hereby

accept, on behalf of Mr. John Thomas TOWNEND Jr.

and Mr. John Thomas TOWNEND Sr., the offer contained

in that declaration and declare the Application

No. 9119/80 to be settled.

My declaration is made in view of the settlement

within the meaning of Article 28 (b) of the

European Convention of Human Rights which has

been reached in co-operation with the European

Commission of Human Rights in the proceedings

concerning this application."

9119/80

25. On 23 January 1987 the Commission noted that the parties had

reached agreement regarding the terms of settlement. The Commission

also noted the provisions concerning school corporal punishment in

the Education (No. 2) Act 1986 which received the Royal Assent on

7 November 1986. 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.

Deputy Secretary to the Commission President of the Commission

(J. RAYMOND) (C.A. NØRGAARD)

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TOWNEND SR. AND TOWNEND JR. v. THE UNITED KINGDOM

TOWNEND SR. AND TOWNEND JR. v. THE UNITED KINGDOM

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