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CASE OF W. AGAINST THE UNITED KINGDOM

Doc ref: 9749/82 • ECHR ID: 001-55483

Document date: March 12, 1990

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CASE OF W. AGAINST THE UNITED KINGDOM

Doc ref: 9749/82 • ECHR ID: 001-55483

Document date: March 12, 1990

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgments of the European Court of Human Rights

in the case of W. against the United Kingdom delivered on 8 July 1987

and 9 June 1988 and transmitted the same days to the Committee of

Ministers;

Recalling that the case originated in an application against the

United Kingdom lodged with the European Commission of Human Rights on

18 January 1982 under Article 25 (art. 25) of the Convention by a British

citizen, W., who complained of the procedures followed by a local

authority in reaching certain decisions concerning one of his children

who was in the authority's care and of the impossibility for him to

have the question of his access to his child determined in proceedings

that complied with Article 6, paragraph 1 (art. 6-1), of the Convention;

Recalling that the case was brought before the Court by the Commission

on 28 January 1986;

Whereas in its judgment of 8 July 1987 the Court:

- held unanimously that there had been a violation of Article 8

(art. 8) of the Convention;

- held unanimously that Article 6, paragraph 1 (art. 6-1), of the

Convention was applicable in the present case;

- held unanimously that Article 6, paragraph 1 (art. 6-1), had been

violated during the currency of the parental rights resolution;

- held by fourteen votes to three that it was not necessary to decide

whether the duration of the subsequent wardship proceedings had given

rise to a further violation of the same Article (art. 6-1);

- held unanimously that it was not necessary also to examine the case

under Article 13 (art. 13) of the Convention;

- held unanimously that the question of application of Article 50

(art. 50) was not ready for decision;

Whereas in its judgment of 9 June 1988 the Court unanimously:

- decided to strike the case out of the list as far as the applicant's

claim for costs and expenses was concerned, a friendly settlement

having been reached as regards that claim subject to payment by the

Government of 25 350 pounds;

- held that the United Kingdom was to pay to the applicant the sum of

12 000 pounds for non-pecuniary damage;

- rejected the remainder of the claim for just satisfaction;

Having regard to the Rules adopted by the Committee of Ministers

concerning the application of Article 54 (art. 54) of the Convention;

Having invited the Government of the United Kingdom to inform it of

the measures which had been taken in consequence of the judgments,

having regard to its obligation under Article 53 (art. 53) of the

Convention to abide by them;

Whereas, during the examination of the case by the Committee of

Ministers, the Government of the United Kingdom gave the Committee

information about the measures taken in consequence of the judgments,

which information appears in the appendix to this resolution;

Having satisfied itself that the Government of the United Kingdom has

paid the applicant the sum provided for in the judgment of

9 June 1988,

Declares, after having taken note of the information supplied by the

Government of the United Kingdom, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (90) 5

Information provided by the Government of the United Kingdom

during the examination of the case of W. against the United Kingdom

before the Committee of Ministers

It is intended that the Children Act 1989, which received Royal Assent

on 16 November 1989, will come into force as a whole in October 1991.

Section 34 of the Act contains a number of provisions which henceforth

confer inter alios on parents the possibility of having all questions

of contact with their children placed in local authority care

determined by a court in proceedings complying with Article 6,

paragraph 1 (art. 6-1), of the Convention.

Section 22 of the Act provides henceforth for greater involvement of

inter alios the parents in local authority decision-making.

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