Communicated on 6 March 2020 Published on 23 March 2020

SECOND SECTION

Application no. 59747/19 H.L. against Norway lodged on 5 November 2019

SUBJECT MATTER OF THE CASE

The applicant is a Portuguese national, residing in Norway. Together with B, of dual Portuguese and Cape Verdean nationality, she has two children: X, born in June 2006, and Y, born in April 2019. The applicant and B arrived in Norway in the autumn of 2012.

On 25 October 2013 X told her teachers that she had been beaten by her parents. The next day, an emergency care order was issued and the allegations were reported to the police. On 28 October 2013 the child was placed in an emergency foster home ( beredskapshjem ). The parents’ appeal against the emergency order was unsuccessful.

On 7 March 2014 a decision on a care order and placement in a foster home was given by the County Social Welfare Board ( Fylkesnemnda for barnevern og sosiale saker ). On 13 November 2014 the City Court ( tingrett ) in a judgment confirmed the care order and placement in a foster home, and set the contact rights at six hours every third week, with supervision.

On 21 January 2015 the City Court convicted the applicant and B of domestic violence against X.

On 19 October 2015 the conviction and sentencing of the applicant and B to 6 months in prison was upheld by High Court ( lagmannsrett ) on appeal. The High Court found that X had been beaten by B on several occasions with a belt, and at least once on her hands, with a spatula, and by the applicant on several occasions with a belt, on one occasion with a stick and on one occasion with the flat of a hand in the face.

On 13 March 2017 the Board declined the application of the biological parents for termination of the care order and placement in a foster home of X. The decision was upheld by the District Court on 6 December 2017 and on 13 March 2019 by the High Court.

On 7 May 2019 the Supreme Court ( Høyesterett ) refused leave to appeal.

The applicant relies on Articles 6 and 8 of the Convention, and submits that X ’s allegations of domestic violence are false, and furthermore complains of a lack of procedural safeguards, in particular as to X ’ s right not to incriminate her biological parents . The applicant in substance submits that the impact of these alleged failings in the proceedings regarding termination of the care order and placement in a foster home constitutes a breach of the mentioned provisions . Furthermore, the applicant complains, relying on the same articles, of a failure to sufficiently hear the child.

Lastly , the applicant complains, formally relying on Article 5 ( 4 ) of the Convention but in substance raising issues which may fall under the ambit of Articles 6 or 8 of the Convention, of the length of the proceedings .

QUESTION S TO THE PARTIES

1. Has there been a violation of the applicant ’ s rights under Article 8 of the Convention as a result of the decision to decline termination of the care order and placement in a foster home of X (see, in particular, Strand Lobben and Others v. Norway [GC], no. 37283/13, 10 September 2019 ) ?

2 . Was the length of the proceedings in the present case in breach of the “r easonable time” requirement in Article 6 of the Convention or inherent in the procedural aspect of Article 8 (see, for example, Ribić v. Croatia , no. 27148/12 , § 92 , 2 April 2015 ) ?