Boyle v The United Kingdom
| Judgment Date | 28 February 1994 |
Access of uncle to child – pre Children Act 1989 position – human rights – settlement.
The applicant was the uncle of C and took on the role of a father figure in C's troubled upbringing.
The applicant had been refused access by the local authority to C because he had refused to admit that C had been abused by his sister, C's mother.
When the Children Act 1989 was brought in the applicant applied for contact. Contact with the child, who had by then been put up for adoption, was refused.
In 1992 the council abandoned its attempts to find an adoptive family. It was only in November 1993 that the council indicated that they were prepared to consider reintroducing contact with the child.
The applicant had lodged an application with the Commission in 1989 complaining that his right to respect for family life under Article 8 of the Convention had been infringed by; (i) the refusal of the local authority to let him have access to his nephew whilst in care; and (ii) the absence of any possibility to apply to the courts for access prior to the Children Act 1989 coming into force.
Held – The application was withdrawn on the Government making a without prejudice settlement in the following terms:
(1) The Government pay to the applicant £15,000 damages and his reasonable legal costs.
(2) The Government note that s 34 of the Children Act 1989 confers the right to have the access to a child in local authority care determined by a court in proceedings complying with Article 6(1) of the Convention.
(3) The Government expresses its regret that prior to the coming into force of s 34 of the Children Act 1989 that the applicant had no statutory right to apply to the court for contact with his nephew.
Judgment Procedure1. The case was referred to the court by the European Commission of Human Rights ("the Commission") on 7 April 1993, within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention. It originated in an application (no 16580/90) against the United Kingdom of Great Britain and Northern Ireland lodged with the Commission under Article 25 by Mr Terence Boyle, a British citizen, on 5 October 1989.
The Commission's request referred to Articles 44 and 48 and to the declaration whereby the United Kingdom recognized 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 Article 8 of the...
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