Application No. 9303/81
Joan Vera BRANT and another
against
the United Kingdom
REPORT OF THE COMMISSION
adopted on 16 July 1987
TABLE OF CONTENTS
Page
INTRODUCTION ........................................ 1
Part I: STATEMENT OF THE FACTS ..................... 3
Part II: SOLUTION REACHED .......................... 4
INTRODUCTION
1. This Report relates to application No. 9303/81 introduced by
Joan Vera Brant and her son E. against the United Kingdom on 2 March
1981 under Article 25 of the Convention for the protection of Human
Rights and Fundamental Freedoms. The application was registered on
16 March 1981.
2. The applicants were represented initially by Messrs. Ouvry,
Goodman & Co., solicitors, Sutton and subsequently by
Mr. E.A.C. Goodman, solicitor, of Sutton.
3. The Government were represented by their Agents, first
Mrs. A. Glover, succeeded by Mr. M.R. Eaton and Mr. J.A. Grainger and
Mr. M. Wood, all of the Foreign and Commonwealth Office.
4. On 13 October 1986, 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 her
parental rights to have the second applicant educated in conformity
with her 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.
5. The Commission found that the parties had reached a friendly
settlement of the case and on 16 July 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
J.A. FROWEIN
S. TRECHSEL
F. ERMACORA
E. BUSUTTIL
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Mrs. G.H. THUNE
Sir Basil HALL
M. F. MARTINEZ
I. STATEMENT OF THE FACTS
6. The applicants are United Kingdom citizens who at the time of
lodging the application were resident at Morton-on-Lugg,
Herefordshire. The first applicant is the mother of the second
applicant, a son, born on 1966.
7. The application concerns the refusal by the first applicant to
allow corporal punishment of her son at school, and her son's
subsequent suspension from school in 1979. Proceedings were brought
against the first applicant and in July 1980 she was fined £25 by the
Magistrates Court for failing to register her son at the school.
8. The second applicant did not return to school and did not
attend any school from December 1979 until May 1982 when he reached
school leaving age.
9. 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 her
son and the use of corporal punishment in the school were contrary to
her right to have her son educated in conformity with her own
philosophical convictions.
10. The application was introduced on 2 March 1981 by the
applicants and registered on 16 March 1981. On 5 March 1983 the
Commission decided to bring the application to the attention of the
respondent Government without asking them to submit written
observations pending the outcome of certain other applications before
the Commission against the United Kingdom concerning corporal
punishment in schools.
11. The Commission decided on 11 March 1985 that the respondent
Government should be invited to submit their observations on the
admissibility and merits of the application. The respondent
Government's observations were submitted on 7 June 1985 and the
observations of the applicants on 22 August 1985. The respondent
Government submitted further observations on 28 April 1986. The
Commission decided on 24 January 1986 that the applicants be granted
free legal aid.
12. The Commission declared the application admissible on
13 October 1986.
II. SOLUTION REACHED
13. 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.
14. In accordance with its usual practice the Commission
instructed its Secretary to contact the parties for this purpose.
Following a meeting and an exchange of correspondence channelled
through the good offices of the Commission the Agent of the
Government, by letter of 1 July 1987, made the following declaration:
"I have the honour to refer to the discussions which have
taken place concerning a friendly settlement of the above
application.
The Government of the United Kingdom would recall the
provisions of the Education (No. 2) Act 1986, which received
the Royal Assent on 7 November 1986. The relevant provisions
of the Act are Section 47 (abolition of corporal punishment)
and Section 48 (abolition of corporal punishment: Scotland).
These provisions come into force on 15 August 1987. Similar
arrangements will apply in Northern Ireland: the Education
(Corporal Punishment) (Northern Ireland) Order 1987 (S.I.
1987/461).
The Government are prepared to make the following ex
gratia payments with a view to achieving a friendly settlement
of the above application:
- £3500 to the second applicant,
- £500 to the first applicant.
In addition, the Government are prepared to pay the
applicants' reasonable costs in the domestic and Strasbourg
proceedings."
15. The contents of this declaration was transmitted to the
applicants' representative, who, by letter of 10 July 1987, informed
the Commission as follows:
"Thank you for your letter of 9 July 1987. I confirm that
the proposals therein are regarded as satisfactory by
the applicants".
16. On 16 July 1987 the Commission noted that the parties had
reached agreement regarding the terms of settlement. The Commission
also noted the provisions of the Education (No. 2) Act 1986 which
received the Royal Assent on 7 November 1986 concerning corporal
punishment in schools. 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.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)