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F.O. v. THE UNITED KINGDOM

Doc ref: 56699/11 • ECHR ID: 001-186958

Document date: September 11, 2018

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F.O. v. THE UNITED KINGDOM

Doc ref: 56699/11 • ECHR ID: 001-186958

Document date: September 11, 2018

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 56699/11 F.O . against the United Kingdom

The European Court of Human Rights (First Section), sitting on 11 September 2018 as a Committee composed of:

Kristina Pardalos , President, Ksenija Turković , Tim Eicke, judges,

and Renata Degener , Deputy Section Registrar ,

Having regard to the above application lodged on 8 August 2011,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, F.O., is a British national who was born in 1970 and lives in Orpington. The President granted the applicant ’ s request for her identity not to be disclosed to the public (Rule 47 § 4). She was represented before the Court by Ms P. Bajaria of Workwise Legal LLP, a lawyer practising in London.

The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Wickremasinghe of the Foreign and Commonwealth Office.

The applicant complained under Articles 6 and 8 of the Convention about her inclusion on the children ’ s and adult ’ s barred lists created pursuant to the Safeguarding Vulnerable Groups Act 2006.

On 13 December 2017 the Court received a friendly settlement offer from the Government. The Government indicated their willingness to agree a friendly settlement with the applicant on the basis that they would pay the following sums to cover all pecuniary and non-pecuniary damage, as well as costs and expenses, and any tax that might be due on the amounts: GBP 4,000 to the applicant; and GBP 1,108.66 in respect of costs (with the applicant to reimburse the sum of GBP 580.66 to the Registry). The sum would be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list. In the event of a failure to pay the sums within the three month time period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage point. Payment of the sums would constitute the final resolution of the case.

By letter of 5 January 2018 the applicant ’ s representative confirmed that she accepted the Government ’ s friendly settlement proposal as set out in the letter of 13 December 2017.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 § 3 of the Convention.

Done in English and notified in writing on 4 October 2018 .

R enata D egener Kristina Pardalos Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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