FIRST SECTION
DECISION
Application no. 31139/11
O.O. against the United Kingdom
and 3 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 17 October 2017 as a Committee composed of:
Kristina Pardalos, President,
Ksenija Turković,
Tim Eicke, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the applicants’ confirmation of acceptance of the Government’s friendly settlement declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. They were represented before the Court by the Royal College of Nursing in London.
The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Wickremasinghe of the Foreign and Commonwealth Office.
The applicants complained under Articles 6 and 8 of the Convention about a decision of the Independent Safeguarding Authority to include their names on lists barring individuals from carrying out “regulated activity” involving children or adults.
On 11 August 2017 the Court received a letter from the Government setting out an offer to reach a friendly settlement in all four cases. A formal declaration in the following terms was attached:
"I, Chanaka Wickremasinghe, Agent for the Government of the United Kingdom, declare that the Government of the United Kingdom offer to pay the following sums with a view to securing a friendly settlement of the above mentioned cases pending before the European Court of Human Rights:
a. GBP 11,215 (eleven thousand two hundred and fifteen pounds sterling) to OO.
b. GBP 8,305 (eight thousand three hundred and five pounds sterling) to TA.
c. GBP 3,148 (three thousand one hundred and forty eight pounds sterling) to [JMA], son of AA (deceased).
d. GBP 10,000 (ten thousand pounds sterling) to SU.
e. GBP 84,157.57 (eighty four thousand one hundred and fifty seven pounds sterling and fifty seven pence) in respect of costs, expenses and tax
to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, which includes any tax that might be due on the amount.
This sum will be payable within three months from the date of notification of the decision taken by the Court to strike the cases out of its list of cases. In the event of failure to pay the sum within the said three month time period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.”
By letter of 23 August 2017 the applicants’ representative confirmed that they accepted the proposed settlement.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 16 November 2017.
Renata DegenerKristina Pardalos
Deputy RegistrarPresident
APPENDIX (anonymity has been granted)
No.
Application no.
Lodged on
Applicant
31139/11
05/05/2011
O.O.
31694/11
10/05/2011
T.A.
31741/11
05/05/2011
A.A.
8114/13
06/12/2012
S.U.
Full & Egal Universal Law Academy