CEDH · CASELAW;REPORTS;ENG — 16 juillet 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. 9303/81   Joan Vera BRANT and another   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. 9303/81 introduced by Joan Vera Brant and her son E. against the United Kingdom on 2 March 1981 under Article 25 of the Convention for the protection of Human Rights and Fundamental Freedoms.   The application was registered on 16 March 1981.   2.       The applicants were represented initially by Messrs.   Ouvry, Goodman & Co., solicitors, Sutton and subsequently by Mr.   E.A.C. Goodman, solicitor, of Sutton.   3.       The Government were represented by their Agents, first Mrs.   A. Glover, succeeded by Mr.   M.R. Eaton and Mr.   J.A. Grainger and Mr.   M. Wood, all of the Foreign and Commonwealth Office.   4.       On 13 October 1986, 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 her parental rights to have the second applicant educated in conformity with her 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.     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. 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 who at the time of lodging the application were resident at Morton-on-Lugg, Herefordshire.   The first applicant is the mother of the second applicant, a son, born on 1966.   7.       The application concerns the refusal by the first applicant to allow corporal punishment of her son at school, and her son's subsequent suspension from school in 1979.   Proceedings were brought against the first applicant and in July 1980 she was fined £25 by the Magistrates Court for failing to register her son at the school.   8.       The second applicant did not return to school and did not attend any school from December 1979 until May 1982 when he reached school leaving age.   9.       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 her son and the use of corporal punishment in the school were contrary to her right to have her son educated in conformity with her own philosophical convictions.   10.      The application was introduced on 2 March 1981 by the applicants and registered on 16 March 1981.   On 5 March 1983 the Commission decided to bring the application to the attention of the respondent Government without asking them to submit written observations pending the outcome of certain other applications before the Commission against the United Kingdom concerning corporal punishment in schools.   11.      The Commission decided on 11 March 1985 that the respondent Government should be invited to submit their observations on the admissibility and merits of the application.   The respondent Government's observations were submitted on 7 June 1985 and the observations of the applicants on 22 August 1985.   The respondent Government submitted further observations on 28 April 1986.   The Commission decided on 24 January 1986 that the applicants be granted free legal aid.   12.      The Commission declared the application admissible on 13 October 1986.     II.      SOLUTION REACHED       13.      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.   14.      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 ex         gratia payments with a view to achieving a friendly settlement         of the above application:           - £3500 to the second applicant,         - £500 to the first applicant.           In addition, the Government are prepared to pay the         applicants' reasonable costs in the domestic and Strasbourg         proceedings."   15.      The contents of this declaration was transmitted to the applicants' representative, who, by letter of 10 July 1987, informed the Commission as follows:           "Thank you for your letter of 9 July 1987.   I confirm that         the proposals therein are regarded as satisfactory by         the applicants".   16.      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)