CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 10 décembre 1990

.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. 15006/89 by Brian ABBOTT against the United Kingdom             The European Commission of Human Rights sitting in private on 10 December 1990 the following members being present:                   MM.   C.A. NØRGAARD, President                      S. TRECHSEL                      F. ERMACORA                      G. SPERDUTI                      E. BUSUTTIL                      G. JÖRUNDSSON                      A.S. GÖZÜBÜYÜK                      A. WEITZEL                      J.C. SOYER                      H.G. SCHERMERS                      H. DANELIUS                 Mrs.   G.H. THUNE                 Sir   Basil HALL                 MM.   F. MARTINEZ                      C.L. ROZAKIS                 Mrs.   J. LIDDY                 MM.   L. LOUCAIDES                      J.C. GEUS                      A.V. ALMEIDA RIBEIRO                      M.P. PELLONPÄÄ                   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 26 April 1989 by Brian ABBOTT against the United Kingdom and registered on 17 May 1989 under file No. 15006/89;           Having regard to:        -   reports provided for in Rule 47 of the Rules of Procedure         of the Commission;        -   the Commission's decision of 2 October 1989 to bring the         application to the notice of the respondent Government         and invite them to submit written observations on its         admissibility and merits;        -   the information submitted by the Government on 20 February         and 23 November 1990;        -   the response of the applicant on 4 December 1990;           Having deliberated;           Decides as follows:   THE FACTS           The applicant is a citizen of the United Kingdom, born in 1972, who, at the time of lodging his application, was living at the St Charles Youth Treatment Centre, Brentwood, Essex.   He is represented before the Commission by Ms.   Rachel Hodgkin of the Children's Legal Centre, London.           The applicant had a troubled upbringing, becoming a violent juvenile delinquent, which has resulted in his detention in one institution or another since the age of 12.   In January 1987, after being made a ward of court, the applicant was placed in secure accommodation by a Wardship Judge.   As a ward of court he was not a party to these proceedings and had no one, not even a guardian-ad- litem, to represent his views.   During his detention he alleged that he was ill-treated, including several extensive periods of solitary confinement.   He claimed to have no possibility to challenge the lawfulness of his detention.   The applicant invoked Articles 3, 5 paras. 1 and 4, 6 para. 1 and 14 of the Convention.   PROCEEDINGS BEFORE THE COMMISSION           The application was introduced on 26 April 1989 and registered on 17 May 1989.   After a preliminary examination of the case by a Rapporteur, the Commission decided, on 2 October 1989, to give notice of the application to the respondent Government and to invite the parties to submit their written observations on admissibility and merits, pursuant to Rule 42 para. 2 (b) of the Rules of Procedure (former version).           On 20 February 1990 the Government informed the Commission that they wished to explore the possibility of a settlement of the application.   The parties thereafter exchanged their views on the matter.   As a result, on 23 November 1990, the Government made the following proposals in full and final settlement of the applicant's claims :           "1.   The Government will make the applicant an ex gratia         payment of £7,000.           2.    The new draft Secure Accommodation Regulations arising         from the Children Act 1989 (intended to come into force in         1991) will be amended so as to apply to:                (i)   wards who are in secure accommodation when the                   Children Act comes into force; and                (ii) wards for whom secure accommodation applications                   are made after the Children Act is implemented.           These measures will provide for legal representation and         will restrict the length of time for which a period of         secure accommodation can last.           3.    Further, the Government will use its best endeavours         to have the rules of court amended to ensure that where         an issue of secure accommodation arises in respect of a         ward of court the ward, if of sufficient understanding,         will be entitled to appoint and instruct a solicitor of         his own choice to represent him in the proceedings.           4.    The Government will pay the applicant's <necessary         and reasonable> legal costs in bringing the application."           On 4 December 1990 Ms.   Hodgkin informed the Commission that the applicant accepted the Government's offer and that, accordingly, he wished to withdraw his application.   REASONS FOR THE DECISION           The Commission notes that the applicant wishes to withdraw his application having agreed to the Government's proposals of a financial nature, as well as of a general nature, concerning a reform in the law and practice in wardship cases like his.   It concludes, therefore, that the applicant does not intend to pursue his petition further, the factual basis of which has been resolved, within the meaning of Article 30 para. 1 (a) and (b) of the Convention.   Moreover, the Commission finds no reasons of a general character affecting respect for Human Rights, as defined in the Convention, which require the further examination of the case by virtue of Article 30 para. 1 in fine of the Convention.           For these reasons, the Commission unanimously           DECIDES TO STRIKE THE APPLICATION OFF THE LIST OF CASES.         Secretary to the Commission          President of the Commission                (H.C. KRÜGER)                       (C.A. NØRGAARD)