CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 2 avril 1993

.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. 19581/92                       by the H. family                       against the United Kingdom         The European Commission of Human Rights sitting in private on 2 April 1993, the following members being present:              MM.    C.A. NØRGAARD, President                  J.A. FROWEIN                  S. TRECHSEL                  F. ERMACORA                  G. SPERDUTI                  E. BUSUTTIL                  G. JÖRUNDSSON                  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.    J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  M. NOWICKI              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 23 December 1991 by the H. family against the United Kingdom and registered on 4 March 1992 under file No. 19581/92;         Having regard to:   -      the report provided for in Rule 47 of the Rules of Procedure of       the Commission;   -      the observations submitted by the respondent Government on       19 November 1992 and the letter in reply submitted by the       applicants on 26 January 1993;         Having deliberated;         Decides as follows:   THE FACTS         The first and second applicants, who are married, were born in 1960 and 1955 respectively, and are resident in South Ronaldsay, Orkney.   They have two children, P. (the third applicant) born on 2 June 1981 and T. (the fourth applicant), born on 8 September 1982. They are all British citizens.         The applicants are represented by Mr. John Moir, a solicitor practising in Orkney.         The facts as submitted by the parties may be summarised as follows.         The applicants went to live in Orkney in 1989.   The second applicant became seriously ill in 1990 and has been diagnosed as suffering from a brain tumour, as a result of which he has developed epilepsy.         This is the third of four cases introduced in relation to the removal of nine children taken into care on 26 February 1991. Reference is made to the first case - B., Application No. 19579/92 - where the matters mentioned are identical.     Background to the case         See B., Application No. 19579/92, pp. 2-3.     The execution of the Place of Safety Orders         At 7 a.m. on 27 February 1991 Mr. and Mrs. H. were wakened by hammering on the door of their house.   Two police officers and two social workers were at the door.   One of the social workers told Mrs. H. that they had Place of Safety Orders for the children and were going to take them into care.   Mrs. H. became hysterical.   Mr. H. became very angry and said that the children were not going.   P. and T. locked themselves in the bathroom.   The police officer told Mrs. H. that there was reason to believe that the children were being sexually abused.   Mrs. H. persuaded the children to open the bathroom door.   She and a police officer got the children dressed.   Mrs. H. and the children were all weeping.   Mrs. H. packed some clothes for the children.   The children were allowed by the police officer to take some cuddly toys, but were advised to pack them with the clothes, apparently so that the social workers would not see them.   Mrs. H. was allowed to give the children breakfast.   The children were taken away at about 8.20 a.m.         The social workers told Mrs. H. that she should contact the Social Work Department in order to obtain further information.   No attempt was made to explain the nature and implications of the Place of Safety Order, or the purpose, timescale or procedure involved in the children's removal or the arrangements thereafter.       The proceedings before the Children's Hearings and the Sheriff         See B., Application No. 19579/92, pp. 3-7.   The facts insofar as they differ are as follows:         At the Children's Hearing on 5 March 1991 involving the applicants, Mr. and Mrs. H. were accompanied by Mr. Targowski.   The Chairman of the Children's Hearing read out the grounds of referral. Mr. and Mrs. H. were asked whether they accepted the grounds of referral.   They stated that they did not.   Mr. Targowski asked why, unlike the other parents, Mr. and Mrs. H. had not been questioned by the police.   Mr. Sloan, the Acting Reporter, replied that there was perhaps sufficient evidence against the H. family to justify dispensing with questioning.   There was no further discussion of the allegations or of any evidence substantiating them.   No report of any description was produced or referred to.         At the Children's Hearings on 25 March 1991 concerned with the H. children, Mr. and Mrs. H. were accompanied by their solicitor and by a Senior Counsel, Mr. Nigel Morrison, Q.C.   Mr. Morrison holds the appointment of First Counsel to the Lord President of the Court of Session (the most senior Scottish Judge) and sits part time as a Sheriff and as a chairman of administrative tribunals.   He is a highly respected member of the Scottish Bar.   At the hearing, he was threatened with ejection for being "disruptive" in terms of Rule 11(3) of the 1986 Rules when he attempted to make submissions to the effect that there was no medical evidence of abuse and therefore no sufficient grounds for holding the children in retention.     Relevant domestic law and practice         See B., Application No. 19579/92, p. 7.     COMPLAINTS         See B., Application No. 19579/92, pp. 7-9.     PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 23 December 1991 and registered on 4 March 1992.         On 22 May 1992, the Commission decided to communicate the application to the respondent Government and to ask for written observations on the admissibility and merits of the application.         The Government's observations were submitted on 19 November 1992 after two extensions in the time-limit.         On   11 December 1992, the Commission decided to grant legal aid to the applicants.         By letter dated 26 January 1993, the applicants informed the Commission's Secretariat that following counsel's advice they intended to commence proceedings in the Scottish courts and therefore withdrew the present application.     REASONS FOR THE DECISION         In light of the applicants' expressed intention to withdraw, the Commission finds that they no longer intend to pursue their application. The Commission further considers that respect for Human Rights as defined in the Convention does not require it to continue the examination of the application.         It follows that the application may be struck off the list of cases pursuant to Article 30 para. 1 (a) of the Convention.           For these reasons, the Commission unanimously         DECIDES TO STRIKE THE APPLICATION OUT OF THE LIST OF CASES.   Secretary to the Commission                  President of the Commission         (H.C. KRÜGER)                                 (C.A. NØRGAARD)