CEDH · CASELAW;REPORTS;ENG — 23 janvier 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  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)