Friday, July 24, 2015

St Mungo's Broadway fails to comply with court order requesting that they remove from their password-protected website unlawfully held information alleging that Declan and I are paying our own salaries and that we are both mentally ill

We spent over a year trying to get the Single Homeless Project (SHP) to remove false information they wrote behind our backs to convey to third parties that we are paying our own salaries as employees of Network for Church Monitoring and that we are both mentally ill. I published what they actually wrote here, that is before Declan won his case against them in the Central London County Court two months ago. Earlier this week we requested from St Mungo's Broadway, one of London's leading homeless charities, any personal information they hold on us resulting from data submitted to them last year by SHP for and on behalf of the Mayor of London's Housing First Programme. At the court hearing, the judge did not ask Declan to start all over again with this second charity; however, in this email, a manager in St Mungo's Broadway fails to comply with the judge's order requesting that they remove the unlawfully held data from their website and she instead tells Declan to apply to them to have any inaccurate information amended or removed:

Click to enlarge

District Judge Brooks, 8 May 2015

Heavey vs. Single Homeless Project

Upon being satisfied that the Defendant has incorrectly recorded electronic information about the Claimant as to financial position, employment status and that he potentially has mental health problems and upon the Defendant confirming that it will destroy all electronic and paper information that it retains on the Claimant and his wife, Maria Heavey, and upon the Defendant confirming that it will contact St Mungo's Broadway and request that it removes from its website any information about the Claimant and Maria Heavey in relation to debts that they have, their employment status and to specifically remove the word "grandiose"

Click to enlarge

Related Post (28 December 2014): Heavey v Single Homeless Project: Will the Central London County Court rule we consented to declarations for online referral that we are paying our own salaries and that we are both mentally ill, and despite our photographic evidence to the contrary?

This is our Chairman's strong rebuttal of SHP's now-discredited allegation that Declan and I are both mentally ill:

Click to enlarge

Church and State website

Church and State Press

'Let me recommend an important web site churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out.' Edd Doerr, President, Americans for Religious Liberty

***

We were evicted from our previous flat on 14 March 2013 because according to our then live-in landlady's ex-husband, Dr Nigel McKenzie, a consultant psychiatrist in Highgate Mental Health Centre, our flat was needed for somebody with a mental illness. Former MI5 whistleblower David Shayler also lived with human rights activist Belinda McKenzie in the same political 'safe house' for a couple of years until 2007. It is unfortunate Shayler then declared that he was the Messiah, became a squatter, and was subsequently ridiculed in the press for changing his name to Delores Kane. A New Statesman article dated 11 September 2006 featuring Shayler and Belinda gives no indication that Shayler believed he was the Messiah at that time; whilst a Daily Mail interview with Shayler explicitly shows he believed himself to be Jesus by June 2007. He has never regained his normal self.


The Esquire article below* is mentioned in a Guardian article dated 27 March 2012. It is an eye-opener, highlighting the monitoring and surveillance that Shayler had to live with back in 2000, and the contradictory briefings and slanders that were coming out of the British establishment and the media. The author, Dr Eamonn O'Neill, is a lecturer in journalism at Strathclyde University.

*On 2 May 2013, Issuu removed this pdf from my Issuu account following a copyright complaint by Hearst Communications. I had uploaded the article to my Issuu account in December 2012. In March 2013, when last I checked, the article had been viewed more than 15,000 times. It can be viewed here.

BBC PANORAMA: The David Shayler Affair (August 1998)

According to BBC Panorama, Shayler "caused the biggest crisis of official secrecy since the spy catcher affair". In 2002, he was jailed for seven weeks for breaking the Official Secrets Act.

Saturday, July 18, 2015

Lawsuit for a lower court: The Mayor of London's GLA deprives Declan of his statutory right of review and appeal in respect of its decision to effectively terminate our eligibility for our flat but seeks its costs from the High Court

Mayor of London Boris Johnson

Part 1 (17 June 2015): Just before Declan is off to the High Court to file his claim against the Greater London Authority, we lose the internet at home (British Telecom) and on our smartphone (Vodafone)

Human Rights Act 1998

Article 6 (Right to a fair trial)

In the determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by the law.

The Greater London Authority (GLA) has filed with the High Court an outrageous defence to Declan's claim against them (see further below). They have hidden from the court much of the evidence Declan cites in his application; in particular, that they have made a decision to refer us from the Mayor of London's Housing First Programme to St Mungo's Broadway's Clearing House that effectively terminates our eligibility for our flat because we don't require support to live independently. They also fail to provide the court with any evidence that GLA Housing First has ended and will not be continued, possibly because the GLA website still lists Housing First under the heading "Mayor's rough sleeping services" here. Nonetheless, they have sought the costs of preparing their Acknowledgment of Service and this after having effectively admitted in paragraph 13 of their Grounds of Defence that they have deprived Declan of his statutory right of review and appeal:


Related Post (8 May 2015): Declan is vindicated in court and wins £750 in damages from the Single Homeless Project

We expect nothing from the High Court; but, as soon as Declan is denied a hearing to make his case, he will file a claim in the County Court seeking a review that can be appealed and compensatory damages. This is the claim he filed with the High Court on 17 June:

SECTION 5 Detailed statement of grounds

The Claimant challenges the decision of the Defendant to uphold his and his wife’s referral from the Mayor of London’s Housing First Programme to Clearing House/TST as unacceptable and unlawful because it contravenes the "secure exit plan" stipulated in the 2014/15 Pilot Funding Agreement between GLA and SHP at Schedule 2. Unlike Housing First, Clearing House/TST is "time-limited" in that eligibility for flats, issued on two-year renewable Assured Shorthold Tenancies, terminates when individuals are assessed as being able to live independently. By reason of upholding this referral, the Defendant is accountable and responsible for it. The Defendant has also failed to comply with its discovery obligations by not providing the Claimant with evidence that GLA Housing First has ended and will not be continued. The Defendant does not consider this matter suitable for Alternative Dispute Resolution (ADR), and therefore the Claimant seeks permission to proceed with a claim for judicial review as a remedy of last resort on the said ground of illegality.



We fully expect to be evicted whilst Declan is fighting for his statutory right of review and appeal. From a Housing First programme that offers the client the possibility to extend their tenancy and preferably for their lifetime (see quote below), to a programme that is coercively telling us to move on because we can live independently. Who in their right mind would not fight for their right of review and appeal? In other words, this time next year we expect to be back on the streets looking for political asylum, while at the same time suing the GLA for illegally making us homeless.

From 2014/2015 Housing First Funding Agreement between the GLA and SHP at Schedule 1

Clients who meet the criteria for a Housing First offer will be offered long term tenancies.... Long term tenancies would mean for a minimum of two years with the possibility to extend and preferably for the lifetime of the client [emphasis added].

Related Post (6 May 2015): High Court Pre-Action Letter: Principal Solicitor for the Mayor of London's Greater London Authority threatens us with eviction by falsely accusing us of refusing support