CEDH · CASELAW;JUDGMENTS;GRANDCHAMBER;ENG — 28 octobre 1998

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margin-bottom:12pt; text-align:center; page-break-after:avoid; font-size:14pt } .s719459F8 { width:11.09pt; text-indent:0pt; display:inline-block } .s66E9FC38 { font-family:Arial; font-size:8pt; vertical-align:super; color:#000000 } .s7BE5FA7B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center; font-size:12pt } .s4B8D41EE { font-family:Arial; font-size:10pt } .sE04D62DC { margin-top:12pt; margin-bottom:6pt; text-align:center; page-break-after:avoid; font-size:12pt } .sF6A12959 { width:33%; height:1px; text-align:left } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s3133A7C8 { font-family:Arial; color:#0069d6 } .sC36A6361 { font-family:Arial; color:#000000 }         CASE OF OSMAN v. THE UNITED KINGDOM   (87/1997/871/1083)                       JUDGMENT   STRASBOURG     28 October 1998       In the case of Osman v. the United Kingdom [1] , The European Court of Human Rights, sitting, in accordance with Rule   51 of Rules of Court A [2] , as a Grand Chamber composed of the following judges:   Mr   R. Bernhardt , President ,   Mr   Thór Vilhjálmsson ,   Mr   J. De Meyer ,   Mr   I. Foighel ,   Mr   R. Pekkanen ,   Mr   J.M. Morenilla ,   Sir   John Freeland ,   Mr   A.B. Baka ,   Mr   M.A. Lopes Rocha ,   Mr   L. Wildhaber ,   Mr   G. Mifsud Bonnici ,   Mr   J. Makarczyk ,   Mr   D. Gotchev ,   Mr   P. Jambrek ,   Mr   K. Jungwiert ,   Mr   P. Kūris ,   Mr   U. Lōhmus ,   Mr   J. Casadevall ,   Mr   T. Pantiru ,   Mr   V. Toumanov , and also of Mr H. Petzold , Registrar , and Mr P.J. Mahoney , Deputy Registrar , Having deliberated in private on 27   July and 24   September 1998, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1.     The case was referred to the Court by the European Commission of Human Rights (“the Commission”) on 22   September 1997, within the three-month period laid down by Article   32 § 1 and Article   47 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). It originated in an application (no. 23452/94) against the United Kingdom of Great Britain and Northern Ireland lodged with the Commission under Article   25 by two   British nationals, Mrs Mulkiye Osman and her son, Ahmet Osman, on 10   November 1993. The Commission’s request referred to Articles   44 and 48 and to the declaration whereby the United Kingdom recognised the compulsory jurisdiction of the Court (Article   46). The object of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Articles   2, 6, 8 and 13 of the Convention. 2.     In response to the enquiry made in accordance with Rule   33 § 3 (d) of Rules of Court A, the applicants stated that they wished to take part in the proceedings and designated the lawyer who would represent them (Rule   30). 3.     The Chamber to be constituted included ex officio Sir John Freeland, the elected judge of British nationality (Article   43 of the Convention), and Mr   R. Ryssdal, the then President of the Court (Rule   21 § 4 (b)). On 25   September 1997, in the presence of the Registrar, the President drew by lot the names of the other seven members, namely Mr   Thór Vilhjálmsson, Mr   R. Macdonald, Mr   A.B. Baka, Mr   L. Wildhaber, Mr   K. Jungwiert, Mr   J.   Casadevall and Mr   V. Toumanov (Article   43 in fine of the Convention and Rule 21 § 5). Subsequently Mr R. Bernhardt, the Vice-President of the Court, replaced Mr Ryssdal as President of the Chamber following the latter’s death (Rule 21 § 6, second sub-paragraph). 4.     As President of the Chamber at the time (Rule   21 § 6), Mr Ryssdal, acting through the Registrar, had consulted the Agent of the United Kingdom Government (“the Government”), the applicants’ lawyer and the Delegate of the Commission on the organisation of the proceedings (Rules   37 § 1 and 38). Pursuant to the order made in consequence, the Registrar received the Government’s and the applicants’ memorials on 5 and 24   March 1998 respectively, the applicants having been granted an extension by the President of the Chamber of the deadline for submission of their memorial. The applicants filed with the registry on 9   April and 8   June 1998 further details of their claims for just satisfaction under Article 50 of the Convention. The Government’s observations in reply to these claims were filed with the registry on 18   June 1998. 5.     In accordance with the decision of the new President of the Chamber, Mr Bernhardt, the hearing took place in public in the Human Rights Building, Strasbourg, on 22   June 1998. The Court had held a preparatory meeting beforehand. There appeared before the Court: (a)   for the Government Mr   M. Eaton , Deputy Legal Adviser,       Foreign and Commonwealth Office,   Agent , Mr   J. Eadie , Barrister-at-Law, Mr   S. Freeland , Barrister-at-Law,   Counsel , Ms   R. Davies , Home Office, Mr   P. Edmundson , Home Office,   Advisers ; (b)   for the Commission Mr   C.L. Rozakis ,   Delegate ; (c)   for the applicants Mr   B. Emmerson , Barrister-at-Law, Mr   N. Ahluwalia , Barrister-at-Law, Mr   A.B. Clapham , Barrister-at-Law,   Counsel , Mrs   N. Mole, Ms   L. Christian, Solicitor,   Advisers .   The Court heard addresses by Mr   Rozakis, Mr   Emmerson and Mr   Eadie. 6.     Following deliberations on 26   June 1998 the Chamber decided to relinquish jurisdiction forthwith in favour of a Grand Chamber (Rule   51). 7.     The Grand Chamber to be constituted included ex officio Mr   Bernhardt, the President of the Court, who was elected to this office following the death of Mr Ryssdal, and Mr   Thór Vilhjálmsson, the Vice ‑ President, who was elected to this office in succession to Mr   Bernhardt, together with the other members and the four substitutes of the original Chamber, the latter being Mr I. Foighel, Mr   J.   Makarczyk, Mr   M.A.   Lopes Rocha and Mr   R. Pekkanen (Rule 51 §   2   (a) and (b)). On 28   June 1998 the President, in the presence of the Registrar, drew by lot the names of the eight additional judges needed to complete the Grand Chamber, namely Mr   J. De Meyer, Mr   J.M. Morenilla, Mr   G. Mifsud Bonnici, Mr   D.   Gotchev, Mr   P. Jambrek, Mr   P. Kūris, Mr   U.   Lōhmus and Mr   T.   Pantiru (Rule 51   §   2   (c)). Subsequently Mr   Macdonald, a member of the original Chamber, withdrew from the Grand Chamber, being unable to take part in the further consideration of the case. 8.     On 26   June 1998, having consulted the Agent of the Government and the Delegate of the Commission, the President acceded to the applicants’ request for legal aid (Rule 4 of the Addendum to Rules of Court A). 9.     Having taken note of the opinions of the Agent of the Government, the Delegate of the Commission and the applicants, the Grand Chamber decided on 27   July 1998 that it was not necessary to hold a further hearing following the relinquishment of jurisdiction by the original Chamber (Rules   38 and 51   § 6). AS TO THE FACTS                the CIRCUMSTANCES OF THE CASE A.   The applicants 10.     The applicants are British citizens resident in London. The first applicant, Mrs   Mulkiye Osman, was born in Cyprus in 1948. She is the widow of Mr Ali Osman who was shot dead by Mr Paul Paget-Lewis on 7   March 1988. The second applicant, Ahmet Osman, is her son, born in England in 1972. He was a former pupil of Paul Paget-Lewis at Homerton House School. Ahmet Osman was wounded in the shooting incident which led to the death of his father. The applicants complaints are directed at the failure of the authorities to appreciate and act on what they claim was a series of clear warning signs that Paul Paget-Lewis represented a serious threat to the physical safety of Ahmet Osman and his family. There is disagreement between the applicants and the respondent State on essential aspects of the circumstances leading to the tragedy. The applicants have disputed in this respect the completeness of the facts as found by the Commission. B.     The events to the end of March 1987 1.   The initial complaints against Paget-Lewis 11.     In 1986 the headmaster of Homerton House School, Mr   John Prince, noticed that one of his teaching staff, Paul Paget-Lewis, had developed an attachment to Ahmet Osman, a pupil at the school. According to a statement which he made to the police on 10   March 1988, Mr   Prince indicated that he “made a point of personally keeping an eye on the situation”. As a result of this attachment, Paget-Lewis informed Mr   Prince that he intended to leave the school and become a supply teacher. Mr   Kenneth Perkins, a deputy head teacher, spoke with Paget-Lewis and managed to persuade him to remain at the school. 12.     In January 1987 Mrs   Green, the mother of Leslie Green, another pupil at the school and the applicants’ neighbour, telephoned Mr   Fleming – another deputy head teacher – to complain that Paget-Lewis had been following her son home after school and harassing him. She alleged that Paget-Lewis had been spreading rumours that her son had engaged in deviant sexual practices and that he objected to her son’s friendship with Ahmet Osman. Mrs   Green made a formal complaint to this effect to Mr   Prince on 2   March 1987. 2.   The various interviews regarding the complaints (a)   Leslie Green 13.     On 3   March 1987 Mr Perkins interviewed Leslie Green, who confirmed that Paget-Lewis had been following him and had been spreading rumours of a sexual nature about him because of his friendship with Ahmet   Osman. (b)   Ahmet Osman 14.     Also on 3   March 1987 Mr   Fleming interviewed Ahmet Osman. In the typed record of this interview dated 6   March 1987, Ahmet confirmed that Paget-Lewis had warned him about Leslie Green, accusing Leslie of sexual misconduct with another boy at the school. Ahmet also reported to Mr   Fleming during the interview that on one occasion Paget-Lewis had followed Leslie and himself home in his car. He also stated that Paget-Lewis had asked him to come and see him in his classroom at lunch times, apparently to learn Turkish, and that Paget-Lewis had taken photographs of him and given him money, a pen and a Turkish dictionary. However, he later took the pen and deliberately snapped it in half during a lesson. (c)   Paget-Lewis 15.     On 6   March 1987 Mr   Perkins interviewed Paget-Lewis. In the course of the interview Paget-Lewis stated that he had a special relationship with Ahmet Osman which had developed over a period of a year and which Leslie Green was trying to disrupt and that he was so upset on one occasion that he confronted Leslie and accused the boy of being a sexual deviant. He admitted that he had followed Leslie home on one occasion and had waited outside his parents’ house for 45   minutes. Paget-Lewis mentioned to Mr   Perkins that he had told Leslie Green that he would become “very angry” if anything happened to his relationship with Ahmet, although he indicated to Mr   Perkins that this was not to be seen as a threat. He also acknowledged that he had given Ahmet money and presents, and had taken photographs of him for “sentimental reasons”. In a later memorandum dated 5   May 1988, Mr   Perkins described Paget-Lewis as having been in a highly irrational state during this interview and unwilling to admit that his behaviour displayed a serious lack of wisdom and professionalism. 16.     On 9   March 1987 Paget-Lewis submitted a written statement to Mr   Perkins regarding the complaint made by Mrs   Green. In his memorandum of 5   May 1988 (see paragraph 15 above) Mr   Perkins stated that he found the statement “disturbing” since it showed clearly that Paget-Lewis was “overpoweringly jealous” of the friendship between Ahmet   Osman and Leslie Green and provided clear evidence that he “was not in control of his emotions”. Leslie was presented as devious, malicious and an evil influence. Mr   Perkins again interviewed Paget-Lewis on his written statement during which he pointed out his concerns about the content of the statement and suggested to Paget-Lewis that he seek psychiatric help. Mr   Perkins informed Mr   Prince of everything which had happened up until that date. 17.     Prior to 13   March 1987 Mr   Prince had an informal discussion with Paget-Lewis in which he admitted telling pupils at the school that Leslie   Green had engaged in acts of oral sex with Ahmet Osman in revenge for rumours spread by Leslie concerning his relationship with Ahmet. On 13   March 1987 Mr Prince formally interviewed Paget-Lewis on the basis of the notes of the interview between Paget-Lewis and Mr   Perkins. The contemporaneous notes taken of the meeting reveal that Paget-Lewis admitted that he had become attached to Ahmet Osman; that he had accused Leslie Green of trying to turn Ahmet against him; and that he had parked outside Leslie’s house to show that he was not to be scared away. Paget-Lewis denied that he had accused Leslie of deviant sexual practices. The notes of the meeting conclude with the sentence “the situation has now escalated and Mr Prince has no confidence in his own ability to contain it”. (d)   Leslie Green and his mother 18.     Mr   Prince was informed on 16   March 1987 in an interview with Leslie Green and his mother that Paget-Lewis had been spying on Ahmet   Osman and that Paget-Lewis had told Ahmet that “he knew where his mother worked and how much money she earned and that if Ahmet left school, he would find him”. (e)   Ahmet Osman 19.     During this period another deputy head teacher, Mr Youssouf, also interviewed Ahmet Osman on a number of occasions. These interviews revealed that Paget-Lewis had told Ahmet that he would be able to find him if he left the school. Paget-Lewis claimed to have discovered Ahmet’s previous address and the name of his previous school and said he had visited the area and had spoken to his former neighbours.     (f)   The Osman family 20.     On 17   March 1987 Mr   Prince met with the Osman family to explain his concerns about the interest Paget-Lewis had taken in Ahmet. He explained that the school was quite satisfied that nothing improper had taken place between Paget-Lewis and Ahmet. He told them that the school would monitor the situation closely to ensure that Ahmet would be safe. Ahmet was told never to be alone with Paget-Lewis. During this meeting Ahmet’s mother expressed her wish that her son should be transferred to another school. 3.   Contacts between the school and the police during this period 21.     According to the diary of Mr   Prince between 3   March 1987 and 17   March 1987 he met with PC Williams on four occasions. The applicants state that during these meetings information concerning Paget-Lewis’ conduct towards Ahmet Osman was passed on to the police. The Government state that PC Williams had no recollection of being told about the presents which Paget-Lewis had given to Ahmet or that Paget-Lewis had followed Ahmet home. PC Williams did not keep any record of the meetings, nor did he make any report concerning the nature and extent of the information that was communicated to him, or if he did no such record now exists. The Government stress that all concerned were satisfied that there was no sexual element to Paget-Lewis’ attachment to Ahmet and the matter could be dealt with internally by the school. 4.   The graffiti incident 22.     By 17 March 1987 graffiti had appeared at six locations around the school which read “Leslie, do not forget to wear a condom when you screw Ahmet or he will get Aids.” The words had been written with spray paint and a stencil. 23.     Following the discovery of the graffiti, Mr   Perkins interviewed Paget-Lewis and asked him if he was responsible. He denied this. However, Mr   Perkins noted in his report that Paget-Lewis knew the precise wording and the exact locations of all the graffiti. 5.   The stolen files 24.     On 19   March 1987 a further discussion took place between Mr   Prince and the Osman family regarding Ahmet’s transfer to another school. For his safety Mr Prince told Ahmet not to give his new school address to anyone from Homerton House. While attempting to arrange his transfer, Mr Youssouf discovered that the files relating to Ahmet and Leslie   Green had been stolen from the school office. The file relating to staff disciplinary matters was also found to be missing. Mr   Perkins considered that the stolen files were the likely source of the information that Paget-Lewis had acquired about Ahmet Osman’s previous address and school (see paragraph 19 above). He subsequently questioned Paget-Lewis, who denied any involvement in the theft and denied having made any comments about Ahmet’s previous address and school or visiting the area in which Ahmet used to live. 25.     On 23   March 1987 Ahmet Osman was transferred to a different school, but owing to curriculum difficulties he had to return to Homerton House fourteen days later. C.   The events between April 1987 and August 1987 1.   Paget-Lewis changes name 26.     On 14   April 1987, Paget-Lewis changed his name by deed poll to Paul Ahmet Yildirim Osman. On 1   May 1987, Mr   Prince wrote to the Inner London Education Authority (ILEA) informing them that Paget-Lewis had changed his name and that he was worried that some psychological imbalance might pose a threat to the safety of Ahmet Osman. He also stated that he was of the opinion that Paget-Lewis should be removed from the school as soon as possible. 2.   Further contacts between the school and the police 27.     On 4   May 1987 Mr   Prince spoke with two police officers, Detective Chief Inspector Newman and Detective Inspector Clarke. According to the applicants during this meeting the headmaster informed them of the missing files and the graffiti incident and discussed the fact that Paget-Lewis’ real name was Ronald Stephen Potter. He had previously changed his name by deed poll to name himself after a pupil called Paget-Lewis whom he had taught at Highbury Grove School. The Government state that the two police officers have no recollection of having been informed of these matters. 3.   The contacts with the ILEA 28.     Following his letter of 1   May 1987 (see paragraph 26 above), Mr   Prince wrote to the Head of Discipline at ILEA in a letter dated 8   May 1987 stating that while he believed Paget-Lewis needed medical help, his continued presence in the school jeopardised the welfare, safety and education of the pupils. An internal memorandum from the Head of Discipline at ILEA dated the same day makes reference to “a fear that [Paget-Lewis] might seek to take the boy out of the country” and that the police are investigating the complaint that “he has removed certain files about the matter from the school”. Undated notes written by the same official between 14   April and 8   May 1987 indicate that it was feared that Ahmet Osman may be harmed and that by changing his name Paget-Lewis may abscond with the boy. The notes refer to the fact that the police had stated that Mr Prince should contact them if Ahmet goes missing for more than an hour. In addition, the police would investigate the disappearance of the missing files, search Paget-Lewis’ home and check up on his background. The Government deny that the police said that they should be contacted if Ahmet went missing or that they intended to search Paget-Lewis’ house. 4.   The conclusions of the ILEA psychiatrist following the first meeting with Paget-Lewis 29.     On 19 May 1987 Paget-Lewis was seen by Dr Ferguson, the ILEA psychiatrist. Dr Ferguson was provided with, inter alia , the documents showing Paget-Lewis’ change of name; the records of the interviews conducted in March 1987; and the memorandum prepared by Mr Perkins on 5   May 1987 (see paragraph 15 above). Dr Ferguson reported: “This teacher must indeed give cause for concern. He does not present ill in formal terms, nor does he seem sexually deviant. He does have personality problems, and his judgment regarding his friendship with a pupil is reprehensibly suspect.” Dr   Ferguson recommended that Paget-Lewis remain teaching at the school but that he should receive some form of counselling and psychotherapy. 5.   The attacks on the applicants’ property 30.     On or about 21   May 1987, a brick was thrown through a window of the applicants’ house. The police were informed and a police officer was sent to the house and completed a crime report. On two occasions in June   1987 the tyres of Ali Osman’s car were deliberately burst. Both incidents were reported to the police, but no police records relating to the offences can be found. 6.   Dr Ferguson’s further interviews with Paget-Lewis 31.     On 1   June 1987 Mr Prince requested Paget-Lewis to take sick-leave. On 2   June 1987 Paget-Lewis was examined again by Dr   Ferguson. He described a continuing strong urge to speak with Ahmet Osman and said that he felt angry that Ahmet seemed content with the situation of non-contact. Dr Ferguson concluded that under the circumstances, Paget-Lewis should remain away from Homerton House and was designated temporarily unfit to work. Paget-Lewis subsequently informed Mr Perkins that he would be taking medical leave for the remainder of the school term. He then left Homerton House and did not return again. 32.     On 16   June 1987, following a further interview with Paget-Lewis, Dr   Ferguson recommended that he should no longer teach at Homerton House and that transfer on medical grounds was strongly and urgently recommended. 7.   Mrs   Green’s further complaints against Paget-Lewis 33.     On 4   June 1987 Mrs Green telephoned Mr   Perkins making further complaints about Paget-Lewis following her son. She also informed him that she had sent her son to stay with her sister. 8.   Paget-Lewis’ suspension from teaching duties and subsequent reinstatement 34.     On 18   June 1987, Paget-Lewis was suspended pending an ILEA investigation for “unprofessional behaviour” towards Ahmet Osman. He submitted a statement dated 6   July 1987 in which, inter alia , he admitted taking photographs of Ahmet and giving him money but denied stealing files or painting graffiti. He accused Mr   Perkins of lying about him and said that Mr   Perkins has stated his intention of breaking him. 35.     On 7   August 1987, ILEA sent a letter to Paget-Lewis officially reprimanding and severely warning him but lifting the suspension. The letter also stated that he was not to return to Homerton House. Shortly afterwards he began working as a supply teacher at two other local schools, Haggerston School and Skinners School. D.   The events between August 1987 and December 1987 1.   The criminal damage to the Osmans’ property 36.       In August or September 1987, a mixture of engine oil and paraffin was poured on the area outside the Osman family home. On 18   October   1987, the windscreen of Ali Osman’s car was smashed. During November 1987, in a series of incidents, the applicants’ front door lock was jammed with superglue, dog excrement was smeared on their doorstep and on their car, and on more than one occasion the light bulb was stolen from the light in the outside porch. Around this time all the windows of their car were also broken. All these incidents were reported to the police and on two occasions Ali Osman visited Hackney police station to discuss the vandalism and criminal damage to his property. 37.     At some point during November 1987, PC Adams visited the Osmans’ home and then spoke to Paget-Lewis about the acts of vandalism. In a later statement to the police, Paget-Lewis alleged that he told PC   Adams that the loss of his job was so distressing that he felt that he was in danger of doing something criminally insane. The Government deny that this was said, and refer to the fact that during the interview with PC Adams Paget-Lewis denied any involvement in the acts of vandalism and criminal damage. No detailed records were made by PC Adams of his contacts with Paget-Lewis or the Osman family. Any entries in notebooks or duty registers (crime reports or parade books) could not later be traced by the Metropolitan Police Solicitor’s Department. 2.   The vehicle collision involving Paget-Lewis 38.     On 7   December 1987 a car driven by Paget-Lewis collided with a van in which Leslie Green was a passenger. According to the driver of the van, Paget-Lewis claimed that his accelerator had jammed and that he could not help what happened. After the police arrived at the scene of the accident they cautioned Paget-Lewis, and provided him with a form requesting him to produce his driving documents. 39.     On 10   December 1987 Paget-Lewis attended Hackney police station and produced his driving documents for inspection. Since he failed to produce a road worthiness (MOT) certificate for his car he was cautioned by the police. 40.     In a statement taken by the police on 22   December 1987 from the driver of the van that had been allegedly rammed by Paget-Lewis, the driver recalled that after the accident Paget-Lewis had said: “I’m not worried because in a few months I’ll be doing life.” 3.   Contacts between Detective Sergeant Boardman and ILEA 41.     On 8   December 1987, following the collision incident, Detective   Sergeant Boardman contacted ILEA stating that he wished to interview Paget-Lewis and the headmaster. The applicants state that Detective   Sergeant Boardman assured ILEA that the Osman family would be protected. The Government deny that such an assurance was given. An ILEA memorandum dated 8   December 1987 referred to the harassment of the Osman family and Paget-Lewis’ alleged admission of responsibility for the van collision saying that Leslie Green had lured Ahmet Osman away from his affections. It noted that the police were pursuing enquiries but that if nothing was heard the matter should be “chased”. It concluded with the note “Families getting police protection”. 4.   Detective Sergeant Boardman interviews the Green and the Osman families and visits the school 42.     On 9   December 1987 Detective Sergeant Boardman took a detailed statement from Leslie Green and his mother concerning, inter alia , the fact that Paget-Lewis had followed Leslie home, the acts of harassment and the graffiti which had appeared at the school. In his statement Leslie claimed that Paget-Lewis had threatened to “get him” whether it took “thirty days or thirty years”. He also said that he had not been to school for two weeks as he was afraid to travel there and that he had moved in with his aunt, so as to be safe from Paget-Lewis. 43.     On 14   December 1987 Detective Sergeant Boardman visited Homerton House and inspected the graffiti. A police photographer took photographs of the graffiti. 44.     On or about 15   December 1987 Detective Sergeant Boardman visited the Osman family and discussed the criminal damage and Paget-Lewis’ relationship with Ahmet. The applicants allege that Detective   Sergeant Boardman told the family that he knew Paget-Lewis was responsible for the acts of vandalism, and gave them assurances that he would cause the incidents to stop. The Government deny that Detective   Sergeant Boardman said that he knew Paget-Lewis was responsible, and that he gave assurances as to the family’s safety. 5.   Detective Sergeant Boardman’s report on the case 45.     In his report on the case which was completed on or about 15   December 1987, Detective Sergeant Boardman observed: “It should be pointed out at this stage that there is no evidence to implicate Paget-Lewis in either of these offences [the graffiti at the school] or the acts of vandalism against Osmans’ address, although there is no doubt in everybody’s mind that he was in fact responsible and this was just another example of his spite.” 6.   Paget-Lewis is interviewed by ILEA officers 46.     On 15   December 1987 Paget-Lewis was interviewed by officers of ILEA at his own request. An ILEA memorandum dated the same day recorded that Paget-Lewis felt in a totally self-destructive mood, stating that it was all a symphony and the last chord had to be played. He admitted being deeply in debt and as a result was selling all his possessions. He blamed Mr Perkins for all his troubles but would not do a “Hungerford” [3] in a school but would see him at his home. The memorandum stated that the concerns of ILEA should be passed on to the police and noted that a call was made to Detective Sergeant Boardman, who was unavailable. Nevertheless, a detailed message was left with the receptionist. One of the officers of ILEA recalled later in a statement dated 9   March 1988 that Paget-Lewis spoke in a manner which was very disturbing, said that he blamed Mr Perkins for the loss of his job, that he knew where he lived and that he was going to do something though not at the school. The other officer recalled in her statement of 9   March 1988 that Paget-Lewis had stated that he was going to do something that would be “a sort of Hungerford”. She recalled that as a result of this conversation she informed the police and the school that she considered that the head and deputy head were at risk of violence. Although the applicants state that the content of the interview was passed on to the police, the Government deny that mention was made of the “Hungerford” reference or that there was any suggestion that the Osmans might be in danger. 7.   Detective Sergeant Boardman’s reaction to the ILEA message and the decision to arrest Paget-Lewis 47.     On 15   December 1987 after receiving the message of the officer of ILEA (see paragraph 46 above), Detective Sergeant Boardman sent a telex to the local police station near Mr   Perkins’ home referring to the fact that vague threats had been made and that the school authorities were very concerned. He asked them to pay casual attention to the address, giving a brief description of Paget-Lewis and the registration number of his car. 48.     On 16   December 1987 Detective Sergeant Boardman contacted ILEA with a view to tracing Paget-Lewis and was provided with his address. He requested the official at ILEA to ask Paget-Lewis to contact the police. On the same day, Detective Sergeant Boardman met with Mr   Prince and Mr   Perkins. The applicants state that he assured Mr   Prince that the police would undertake the necessary measures to protect both Mr   Perkins and the applicants. A diary entry of Mr   Prince dated 16   December 1987 refers to Detective Sergeant Boardman and contains a heading “OSMAN/PERKINS/POLICE PRESENCE ARRANGED” and a note that ILEA had called “to finalise arrangements re protection for Perkins/Osman families”. According to the Government no assurance of protection was given. Detective Sergeant Boardman received the impression from his meetings with Mr   Prince and Mr   Perkins that Paget-Lewis was angry at being removed from the school but that the anger was directed against the deputy head, who in any case did not feel in danger. 49.     On 17   December 1987 Detective Sergeant Boardman and other police officers arrived at Paget-Lewis’ house with the intention of arresting him on suspicion of criminal damage. Paget-Lewis was absent. The police were unaware that he was teaching at Haggerston School that day. 50.     On 18   December 1987 pursuant to the request of the police, ILEA sent a letter to Paget-Lewis requesting him to contact Detective Sergeant Boardman. The same day ILEA informed the police that Paget-Lewis had not attended Haggerston School. He did not return to the school again. E.     The events between January 1988 and October 1988 1.   Attempts to trace the whereabouts of Paget-Lewis 51.     In early January 1988 the police commenced the procedure of laying an information before the Magistrates’ Court with a view to prosecuting Paget-Lewis for driving without due care and attention. In addition, Paget-Lewis’ name was put on the Police National Computer as being wanted in relation to the collision incident and on suspicion of having committed offences of criminal damage. 52.     On 8   January an officer of ILEA rang Detective Sergeant Boardman for an update on the case but he was unavailable. Three days later he returned her call saying there had been no progress. 53.     Between January and March 1988 Paget-Lewis travelled around England hiring cars in his adopted name of Osman and was involved in a number of accidents. He spent time at his home address during this period and continued to receive mail there. 54.     On 17   January 1988 Paget-Lewis broke into a car parked near a clay-pigeon shoot near Leeds in Yorkshire and stole a shotgun. He sawed off both barrels. While the theft was reported to the local police, because there was nothing to connect the incident to Paget-Lewis the theft did not come to the attention of the Metropolitan police dealing with the case. 2.   Paget-Lewis is sighted near the Osman home 55.     On 1, 4 and 5   March 1988 Leslie Green saw Paget-Lewis wearing a black crash helmet near the applicants’ home. According to the applicants, Mrs   Green informed the police on each occasion, but her calls were not returned. The Government accept that, on 5   March 1988, Detective   Sergeant   Boardman received a message which stated “phone Mrs   Green” but since there was no phone number on the note he did not connect the message with the mother of Leslie Green. 3.   The fatal shootings and the arrest of Paget-Lewis 56.     On 7   March 1988 Paget-Lewis was seen near the applicants’ home by a number of people. At about 11 p.m. Paget-Lewis shot and killed Ali   Osman and seriously wounded Ahmet. He then drove to the home of Mr   Perkins where he shot and wounded him and killed his son. 57.     Early the next morning Paget-Lewis was arrested. On being arrested he stated “why didn’t you stop me before I did it, I gave you all the warning signs?” 58.     Later that day Paget-Lewis was interviewed by the police. According to the record of the interview, Paget-Lewis said that he had been planning the attacks ever since he lost his job, and for the previous two weeks he had been watching the Osmans’ house. Although he considered Mr   Perkins as his main target, he also regarded Ali and Ahmet Osman as being responsible for his losing his position at Homerton House. Paget-Lewis stated that he had been hoping in the back of his mind that the police would stop him. He admitted holding the family at gunpoint as they returned to the house, making Ali and Ahmet Osman kneel down in the kitchen, turning out the light and shooting at them. He denied that on earlier occasions he had damaged the windows of the Osmans’ house but admitted that he had let down the tyres of their car as a prank. He also denied responsibility for the graffiti and taking the files from the school office. 4.   Paget-Lewis is convicted of manslaughter 59.     On 28   October 1988 Paget-Lewis was convicted of two charges of manslaughter having pleaded guilty on grounds of diminished responsibility (see paragraph 73 below). He was sentenced to be detained in a secure mental hospital without limit of time pursuant to section 41 of the Mental Health Act 1983. F.     Judicial proceedings against the police for negligence 60.     An inquest was held into the death of Ali Osman after the conclusion of the criminal proceedings. Since a person had been convicted in connection with the death, the Coroner did not ho