Case status: Findings adopted on 25.07.2020 – Non-compliance found.
Follow-up: On-going; see Decision VII/8s.
Topics: Access to justice.
Articles alleged: 9 (2)–(5).
Articles considered by the Committee: 9 (3)–(5).
Articles, if any, found in non-compliance: 9 (4), 9 (5).
Summary: On 23 August 2016, Mr. Hemming submitted a communication to the Compliance Committee alleging non-compliance by the United Kingdom of Great Britain and Northern Ireland with article 9 (2)–(5) of the Convention in connection with access to justice relating to a public authority’s alleged failure to clear up litter.
| Documents | Status | Date received or posted by the Secretariat |
|---|---|---|
|
Annex 1: Hemming MP v Birmingham City Council [2015] EWHC 1472 (Admin) (11 March 2015) |
From the communicant | 23.08.2016 |
|
Annex: Court of Appeal Judgement |
From the communicant | 15.09.2016 |
| Comments on pre-admissibility | From the Party concerned | 20.09.2016 |
| Email enclosing statement regarding scope of communication | From the communication | 27.09.2016 |
| Letters to the Party concerned and communicant enclosing Committee's determination of preliminary admissibility and forwarding communication for the Party concerned's response | From the secretariat | 06.02.2017 |
| Response to the communication | From the Party concerned | 10.07.2017 (dated 09.07.2017) |
| Comments on the response | From the communicant | 24. and 25.07.2017 |
| Letter inviting the communicant to comment on the extent to which his allegations are within the scope of decision VI/8k | From the secretariat | 28.06.2019 |
| Comments on the extent to which his allegations are within the scope of decision VI/8k | From the communicant | 29.06.2019 |
| Additional comments on the extent to which his allegations are within the scope of decision VI/8k | From the communicant | 29.06.2019 |
| Comments on the communicant's comments of 29 June 2019 | From the Party concerned | 26.07.2019 |
| Comments on the comments of the Party concerned of 26 July 2019 | From the communicant | 26.07.2019 |
| Letter enclosing questions from the Committee to the parties | From the secretariat | 21.08.2020 |
| Reply to Committee’s questions of 21 August 2020 Annex: Case stated by the District Court |
From the communicant | 21.08.2020 |
| Reply to the Committee’s question of 21 August 2020 | From the Party concerned | 11.09.2020 |
| Letter to parties seeking their views on whether a hearing is needed | From the secretariat | 29.09.2020 |
| Reply as to need for a hearing | From the communicant | 29.09.2020 |
| Reply as to need for a hearing | From the Party concerned | 13.10.2020 |
| Letter to the parties enclosing questions to the Party concerned and inviting any final written submissions | From the secretariat | 29.10.2020 |
| Comments to the Committee’s questions | From the communicant | 30.10.2020 |
| Email including statement | From observer, George Niblock | 09.11.2020 |
| Statement | From observer, Mr. Silverman |
18.11.2020 (dated 05.11.2020) |
| Final submission and reply to questions (dated 24.11.2020) | From the Party concerned | 25.11.2020 |
| Final submission | From the communicant | 26.11.2020 |
| From the observer, George Niblock | 27.11.2020 | |
| Additional observer statement | From observer, Mr. Silverman | 27.11.2020 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 15.06.2021 |
| Comments on the Committee’s draft findings | From the communicant | 19.06.2021 |
| Comments on the Committee’s draft findings | From the Party concerned | 23.07.2021 |
| Findings ENG FRE RUS | 25.07.2021 |