Application No. 10592/83
Three members of the A. family
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. 10592/83 introduced by
the three applicants against the United Kingdom on 2 June 1983 under
Article 25 of the Convention for the protection of Human Rights and
Fundamental Freedoms. The application was registered on
12 September 1983.
2. The applicants were represented first by Messrs. Roper & Co.,
solicitors, Sheffield, succeeded by Messrs. Wilford McBain,
solicitors, London.
3. The Government were represented by their Agents, first
Mrs. A. Glover, succeeded by Mr. M.R. Eaton, Mr. J.A. Grainger and
Mr. M. Wood, all of the Foreign and Commonwealth Office.
4. On 22 January 1986, the European Commission of Human Rights
declared admissible the applicants' complaints that the corporal
punishment administered to the second and third applicants constituted
a violation of their rights under Article 3 of the Convention, and that
these incidents of corporal punishment constituted an unjustified
interference with the rights of the second and third applicants to
respect for their private life under Article 8 of the Convention. 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."
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.S. GÖZÜBÜYÜK
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, residing in
England. The first applicant is the mother of the second and third
applicants. The second applicant was born in 1967 and the third
applicant was born in 1969.
7. The application concerns the corporal punishment administered
to the second and third applicants at a State school they were
attending.
8. Before the Commission, the applicants complained, in
particular, that the corporal punishment administered to the second
and third applicants amounted to "torture or inhuman treatment",
contrary to Article 3 of the Convention. The applicants further
complained, under Article 8 of the Convention, that the second and
third applicants had become victims of an unjustified interference
with their right to respect for private life.
9. The application was introduced on 2 June 1983 by the
applicants and registered on 12 September 1983. On 2 October 1984 the
Commission decided to bring the application to the attention of the
respondent Government inviting them to submit in writing their
observations on the admissibility and merits of the application. The
Government's observations were submitted on 1 February 1985 and their
supplementary observations were submitted on 6 February 1985. The
applicants' observations in reply were submitted on 7 March 1985.
10. The Commission decided on 13 May 1985 to invite the parties to
make further submissions on admissibility and merits at a hearing
which took place on 22 January 1986.
11. The Commission declared the application admissible on
22 January 1986.
II. SOLUTION REACHED
12. 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.
13. 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
proposals with a view to achieving a friendly settlement
of the above application:
1. An ex gratia payment of £3000 to the second applicant.
2. An ex gratia payment of £1500 to the third applicant.
3. In relation to local government files, the Government would
undertake that, with the exception of the school's daily log,
its punishment book and the minutes of meetings of the school
governors, all files held by the relevant local authority and
school relating to this case would be destroyed within seven
years of the date of the settlement, and that until that date
such files would not be made available to the public.
4. In relation to central government files, the Government would
undertake that, when the end of the 30 year period provided
for under the Public Records Act is approaching, the
departments concerned would apply to the Lord Chancellor for
extended closure of these files on grounds of their personal
nature. The departments would be willing to arrange for a
note to be placed on the relevant files detailing the
applicants' concern and drawing the personal nature of the
files to the attention of the reviewers who will be concerned
at the appropriate time.
In addition, the Government are prepared to pay the
applicants' reasonable costs in the Strasbourg proceedings."
14. The content of this declaration was transmitted to the
applicants' representative, who by letter of 10 July 1987 submitted
the following declaration on behalf of the applicants:
"We have received your communication of 9 July and confirm
that the applicants regard these proposals as satisfactory
and the application may be settled on those terms."
15. 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)