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. 10510/83 by K. and K. S. 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 8 January 1983 by K. and K. STUDLEY against the United Kingdom and registered on 11 July 1983 under file No. 10510/83;           Having regard to:        -   reports provided for in Rule 40 of the Rules of Procedure         of the Commission;        -   the Commission's decision of 2 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 -   10510/83          -   the observations submitted by the respondent Government on         13 February 1985 and the observations in reply submitted         by the applicants on 26 March 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 applicants' acceptance of that proposal on 5 May 1988;           Having deliberated;           Decides as follows: 10510/83   THE FACTS           The applicants, United Kingdom citizens, are mother and son, and live in B. The second applicant was born in 1971.   They are represented before the Commission by Mrs.   P. McBain, Messrs. Wilford McBain, Solicitors, London.           On 22 October 1982, the second applicant, then aged 11, was given two strokes of the cane by a senior teacher at his state school for his alleged involvement in a conspiracy to assault a fellow pupil.   The caning caused weals to the boy's skin.   The same day the first applicant and her husband unsuccessfully complained to the teacher concerned and the police.   After correspondence with the education authorities and the school headmaster, the latter invited the first applicant and her husband to a meeting to discuss their son's education and informed them that the senior staff had been instructed not to corporally punish the boy.   However, on 26 May 1983 the second applicant was given two strokes across his hips with a meter rule by his teacher for alleged misbehaviour in class.     COMPLAINTS           The applicants complained to the Commission that the corporal punishment 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 8 January 1983 and registered on 11 July 1983.           After a preliminary examination of the case by the Rapporteur, the Commission considered the admissibility of the application on 2 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 13 February 1985, to which the applicants replied on 26 March 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. 10510/83           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 applicants.           On 3 May 1988, the applicants' representative accepted the offer.     REASONS FOR THE DECISION           The Commission notes the Government's offer to pay the applicants an ex gratia sum of £3000 to resolve the application and the applicants' 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 applicants do 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)