FOURTH SECTION

DECISION

Application no . 4867/11 A.W . against the United Kingdom

The European Court of Human Rights ( Fourth Section ), sitting on 13 October 2015 as a Committee composed of:

Krzysztof Wojtyczek , President, Faris Vehabović , Yonko Grozev , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 14 January 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, A.W. , is a British national who was born in 1989 and lives in Colchester. The President has granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 4). He was represented before the Court by Ms C. Rowles of Coram Children ’ s Legal Centre , a non-governmental organisation based in Colchester .

The United Kingdom Government (“the Government”) wer e represented by their Agent, Ms A. McLeod of the Foreign and Commonwealth Office.

The applicant complained that his removal from school was in breach of his rights under Article 2 of Protocol No. 1 to the Convention and Article 8, read alone and together with Article 13.

By letter dated 18 August 2015 the applicant notified the Court that he was willing to accept the Government ’ s offer of four thousand seven hundred euros (EUR 4,700.00) by way of friendly settlement.

In a letter dated 2 September 2015 the Government set out the terms of the friendly settlement as follows:

“I, Anna McLeod, Agent for the Government of the United Kingdom, declare that the Government of the United Kingdom offer to pay A.W., with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, four thousand seven hundred (4,700) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, which includes any tax that might be due on that amount.

This sum w ill be converted into pounds sterling at the rate applicable on the date of payment, and will 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 of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 points. The payment will constitute the final resolution of the case.”

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 of the Convention.

Done in English and notified in writing on 5 November 2015 .

Fatoş Aracı Krzysztof Wojtyczek Deputy Registrar President