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)