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.