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 judgment of the European Court of Human
Rights in the case of Boyle against the United Kingdom delivered on
28 February 1994 and transmitted the same day 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 5 October 1989 under Article 25 (art. 25) of the
Convention by Mr Terence Boyle, a British national, who complained
of the refusal by the local authorities to allow him access to his
nephew placed in care, and of the absence of any possibility,
before the entry into force of the Children Act 1989, of applying
to the courts for access;
Recalling that the case was brought before the Court by the
Commission on 7 April 1993;
Whereas in its judgment of 28 February 1994 the Court, after
having taken formal note of a friendly settlement reached by the
Government of the United Kingdom and the applicant and having found
that there were no reasons of public policy justifying the
continuation of the proceedings, decided unanimously to strike the
case out of its list;
Whereas under the above-mentioned friendly settlement it was
agreed that:
"a. the government will make an ex-gratia payment of
15 000 pounds sterling to the applicant plus his reasonable legal
costs in bringing the application;
b. the government note that the Children Act 1989 received
Royal assent on 16 November 1989 and came into force on
16 November 1991. Section 34 (3) confers on any person who has
obtained the leave of the court to make an application, the
possibility of having the question of contact between the child
placed in local authority care and that person determined by a
court in proceedings complying with Article 6, paragraph 1
(art. 6-1), of the Convention;
c. the government regret that, prior to the entry into force
of Section 34 (3) of the Children Act 1989 on 16 November 1991, the
applicant had no statutory right to apply to the court for contact
with his nephew;"
Recalling that Rule 49, paragraph 3, of the Court's Rules
provides that the striking out of a case shall be effected by means
of a judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the Convention, the execution of any
undertakings which may have been attached to the discontinuance or
solution of the matter;
Having satisfied itself that on 14 February 1994 the
Government of the United Kingdom has paid to the applicant the sum
of 15 000 pounds sterling provided for in the friendly settlement
and the sum of 3 790 pounds sterling for costs and expenses,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
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