Application No. 9119/80
John Thomas TOWNEND Sr. and John Thomas TOWNEND Jr.
against
the UNITED KINGDOM
REPORT OF THE COMMISSION
adopted on 23 January 1987
TABLE OF CONTENTS
Page
INTRODUCTION ...................................... 1
Part I : STATEMENT OF THE FACTS ................. 3
Part II : SOLUTION REACHED ....................... 4
&_INTRODUCTION&S
1. This Report relates to Application No. 9119/80 introduced by
John Thomas Townend Sr. and John Thomas Townend Jr. against the United
Kingdom on 24 July 1980 under Article 25 of the Convention for the
Protection of Human Rights and Fundamental Freedoms. The application
was registered on 18 September 1980.
The applicants were represented by Messrs. Irwin Mitchell & Co.,
Solicitors, Sheffield.
The Government were represented by their Agents, first
Mrs. A. Glover, succeeded by Mr. M. Eaton, and Mr. I. Hendry, all of
the Foreign and Commonwealth Office.
2. On 6 March 1985, 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 his
parental rights to have the second applicant educated in conformity
with his 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.
9119/80
3. The Commission found that the parties had reached a friendly
settlement of the case and on 23 January 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
G. SPERDUTI
E. BUSUTTIL
G. JÖRUNDSSON
G. TENEKIDES
B. KIERNAN
A. S. GÖZÜBÜYÜK
A. WEITZEL
J. C. SOYER
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Mrs. G. H. THUNE
Mr. F. MARTINEZ
9119/80
Part I
STATEMENT OF THE FACTS
4. The first applicant is a United Kingdom citizen, born in
1927, and residing at Holme, Rotherham, South Yorkshire. The second
applicant is his son, born on 24 April 1964.
5. The application concerns the refusal by the first applicant
to allow corporal punishment of his son at school and his son's
subsequent suspension from school in 1979. Proceedings were brought
against the first applicant by the Director of Education, but later
withdrawn.
6. The second applicant did not return to school and did not
take any school leaving examinations.
7. 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 his son and the
use of corporal punishment in the school were contrary to his right to
have his son educated in conformity with his own philosophical
convictions.
8. The application was introduced on 24 July 1980 by the first
applicant and registered on 18 September 1980. On 19 August 1983,
counsel informed the Commission that the first applicant's son
should also be considered as an applicant. On 10 March 1981 the
Commission decided to bring the application to the attention of the
respondent Government without asking them to submit written
observations pending the decision of the European Court of Human
Rights in the Campbell and Cosans case. Following the Court's
judgment in the case of Campbell and Cosans on 25 February 1982
(Eur. Court H.R., Series A No. 48) the first applicant on 8 July 1982
made further submissions in the light of that judgment.
9. The Commission decided on 14 October 1982 that the Government
should be invited to submit their observations on the admissibility
and merits of the application. The Government's observations were
received on 23 March 1983. The applicants did not submit further
observations in reply. The Commission decided on 18 May 1984 that
the applicants be granted free legal aid.
10. The Commission declared the application admissible on
6 March 1985.
9119/80
Part II
SOLUTION REACHED
11. 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.
12. In accordance with its usual practice the Commission
instructed its Secretary to contact the parties for this purpose.
Following an exchange of correspondence channelled through the good
offices of the Commission the Agent of the Government, by letter of
8 December 1986, made the following declaration:
"I have the honour to confirm that
the Government is prepared, in full and final
settlement of this application, to make the
following payments to the applicant and his
son in friendly settlement:
(a) An ex gratia payment to John Thomas
Townend Jr. of £3,000;
(b) An ex gratia payment to John Thomas
Townend Sr. of £200;
(c) The sum of £2,300 in respect of the
applicants' costs incurred in respect of
the proceedings before the Commission."
13. The applicants' representative, by letter of 5 January 1987
submitted the following declaration on behalf of the applicants:
"With reference to Application No. 9119/80 pending
before the European Commission of Human Rights and
in view of the declaration made by the United
Kingdom Government on 8 November 1986, I hereby
accept, on behalf of Mr. John Thomas TOWNEND Jr.
and Mr. John Thomas TOWNEND Sr., the offer contained
in that declaration and declare the Application
No. 9119/80 to be settled.
My declaration is made in view of the settlement
within the meaning of Article 28 (b) of the
European Convention of Human Rights which has
been reached in co-operation with the European
Commission of Human Rights in the proceedings
concerning this application."
9119/80
25. On 23 January 1987 the Commission noted that the parties had
reached agreement regarding the terms of settlement. The Commission
also noted the provisions concerning school corporal punishment in
the Education (No. 2) Act 1986 which received the Royal Assent on
7 November 1986. 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.
Deputy Secretary to the Commission President of the Commission
(J. RAYMOND) (C.A. NØRGAARD)