CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 11 mai 1988

.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. 10172/82 by G. against the United Kingdom             The European Commission of Human Rights sitting in private on 11 May 1988, the following members being present:                   MM.   C.A. NØRGAARD, President                      J.A. FROWEIN                      S. TRECHSEL                      G. SPERDUTI                      E. BUSUTTIL                      G. JÖRUNDSSON                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      H.G. SCHERMERS                      H. DANELIUS                      G. BATLINER                      H. VANDENBERGHE                 Mrs.   G.H. THUNE                 Sir   Basil HALL                 MM.   F. MARTINEZ                      C.L. ROZAKIS                 Mrs.   J. LIDDY                   Mr.   H.C. KRÜGER, Secretary to the Commission             Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;           Having regard to the application introduced on 28 June 1982 by G. against the United Kingdom and registered on 28 October 1982 under file No. 10172/82;           Having regard to:        -   reports provided for in Rule 40 of the Rules of Procedure         of the Commission;        -   the Commission's decision of 4 October 1984 to bring         the application to the notice of the respondent Government         and invite them to submit written observations on its         admissibilty and merits;     - ii -   10172/82          -   the observations submitted by the respondent Government on         16 January 1985 and the observations in reply submitted         by the applicant on 18 February 1985;        -   the Commission's decision of 8 May 1987 to invite the         respondent Government to submit further observations on         the admissibility and merits of the case;        -   the proposal put forward by the Government on 3 February         1988;        -   the applicant's acceptance of that proposal on 5 May 1988;           Having deliberated;           Decides as follows: 10172/82   THE FACTS           The applicant is a citizen of the United Kingdom born in 1944, resident in E. and the mother of two boys.   She lodged the application on her own behalf and that of her eldest son, born in 1966.   The applicant is represented before the Commission by Mrs.   P. McBain, Messrs.   Wilford McBain, Solicitors, London.           In or about May 1980, the son, then aged 14, was beaten on the bottom with a rubber-soled shoe by his state school teacher for alleged misbehaviour during a lesson.   On 5 June 1980, he was caned on his bottom by a subordinate teacher for throwing small stones.           The applicant complained to the school about these incidents of corporal punishment and unsuccessfully sought assurances from the education authorities that her children would not be so punished. The applicant obtained legal aid for counsel's opinion on a civil claim for damages for assault and battery.   Counsel concluded on 22 December 1982 that such a claim would have little prospects of success and further legal aid was refused by the Law Society on 16 April 1982.     COMPLAINTS           The applicant complained to the Commission that the corporal punishment of her eldest son and the absence of assurances that neither of her children would be so punished in the future constituted violations of Article 3 of the Convention and Article 2 of Protocol No. 1 to the Convention.     PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 28 June 1982 and registered on 28 October 1982.           After a preliminary examination of the case by the Rapporteur, the Commission considered the admissibility of the application on 4 October 1984.   It decided to bring the application to the notice of the respondent Government pursuant to Rule 42 (2) (b) of its Rules of Procedure and to invite them to submit written observations on the admissibility and merits of the application.           The Government's observations were received on 16 January 1985, to which the applicant replied on 18 February 1985.           On 8 May 1987, the Commission decided to invite the respondent Government to submit further observations on the admissibility and merits of the application pursuant to Rule 43 para. 3 (a) of the Rules of Procedure.           However, further observations were not submitted and the Government expressed the wish on 5 August 1987 to explore the possibility of resolving the case.           The Commission decided on 12 December 1987 to suspend the proceedings and to invite the Government to make specific proposals for the resolution of the application. 10172/82           On 3 February 1988 the Government made the following offer: The Government recalled the provisions of the Education (No. 2) Act 1986 and the abolition of corporal punishment in United Kingdom state schools.   Moreover, without prejudice to their position on the merits of the application, they proposed an ex gratia payment of £3000 to the applicant.           On 3 May 1988, the applicant's representative accepted the offer.     REASONS FOR THE DECISION           The Commission notes the Government's offer to pay the applicant an ex gratia sum of £3000 to resolve the application and the applicant's acceptance of the offer.   The Commission considers, given the reform of the law on corporal punishment in state schools, that there are no reasons of a general character affecting the observance of the Convention which necessitate the further retention of this case.   The Commission, therefore, concludes that the issues in the case are resolved and that, in the circumstances, the applicant does not intend to pursue this application (Rule 44 para. 1 (b) of the Commission's Rules of Procedure).           For these reasons, the Commission           DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.          Secretary to the Commission            President of the Commission                   (H.C. KRÜGER)                         (C.A. NØRGAARD)