Friday, September 04, 2015

Greater London Authority (County Court): Threat to life and wellbeing

Mayor of London Boris Johnson

Heavey v Greater London Authority

In the Central London County Court

In the matter of a claim for damages against the Greater London Authority for depriving the Claimant of his right of review, in respect of its decision to terminate his and his wife's eligibility for their flat, and opportunity to appeal the outcome of the review to an independent tribunal if he was not satisfied.

Brief details of claim

The Claimant challenges the Defendant for depriving him of his right of review in respect of its decision to refer him and his wife from the Mayor of London’s Housing First programme to the Mayor’s Clearing House programme (the “referral decision”), thereby terminating their eligibility for their flat because they are able to live independently. On 12 August 2015 the High Court refused the Claimant permission to apply for Judicial Review, principally because his Claim Form was not filed within 3 months after the grounds to make the claim arose on 4 September 2014. It is evident from the email the Claimant received on 4 September 2014, judicial review pre-action correspondence and the Defendant’s Grounds of Defence (in particular paragraph 13) that the Claimant has been repeatedly deprived of his right of review, and that the Defendant has not properly considered the impact of the referral decision on his family life. It has not taken into account the Claimant and his wife’s needs and vulnerable position as rough sleepers for almost 4 years in total. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully and an order that it reviews the referral decision and provides the Claimant with the opportunity to appeal to an independent tribunal if he is not satisfied with the outcome.

Value

The Claimant expects to recover damages for distress of not more than £1,000.



Threat to life and wellbeing (paragraph 16):



***

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. As Declan mentions in paragraph 15(ii) of his particulars of claim above, 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.

Thursday, September 03, 2015

Greater London Authority (County Court): We have found our precedent case in the case-law of the European Court of Human Rights

Mayor of London Boris Johnson

Heavey v Greater London Authority

In the Central London County Court

In the matter of a claim for damages against the Greater London Authority for depriving the Claimant of his right of review, in respect of its decision to terminate his and his wife's eligibility for their flat, and opportunity to appeal the outcome of the review to an independent tribunal if he was not satisfied.

PARAGRAPH 12 Particulars of claim

The Defendant's decision to refer the Claimant and his wife to GLA Clearing House gives rise to a breach of their rights under Article 8 of the Human Rights Act 1998 which provides that authorities must have respect for private and family life. In Connors v United Kingdom (2004), the European Court of Human Rights held that the eviction of a licensee and his family from the local authority gypsy caravan site was contrary to Article 8. The Court found that the legal framework applying to the occupation of pitches on local authority gypsy sites did not provide the family with sufficient procedural protection of their rights. Similarly, the legal framework applying to the referral of the Claimant and his wife to GLA Clearing House that has deprived the Claimant of a review of the decision has not provided them with sufficient procedural protection of their rights. Special consideration should be given to their needs and the opposition they encounter because of their vulnerable position as rough sleepers for almost 4 years in total. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully and an order that it reviews its referral decision and provides the Claimant with the opportunity to appeal the outcome of the review to an independent tribunal if he is not satisfied. Alternatively, the Claimant seeks leave to appeal under Article 8 of the Human Rights Act.

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