Church and State blog: Letter of complaint to the chair of The Big Issue Foundation

Monday, February 23, 2009

Letter of complaint to the chair of The Big Issue Foundation

The previous blog contains Declan’s letter to the head of the Roman Catholic Church in England and Wales, Cardinal Cormac Murphy-O'Connor, in his capacity as Archbishop of the Diocese of Westminster, to which the Dellow Centre of the Sisters of Mercy Providence Row Charity belongs. This morning when he went to collect our new Big Issue badges - The Big Issue is a magazine sold by homeless people on registered pitches throughout the UK; we have been selling it since December 2006 - he was informed that my name was not on the Big Issue “List of vendors” and that I could not be rebadged. Below is Declan’s email letter of complaint to the Chair of the Big Issue Foundation, Steven Round.

Issue Foundation is the registered charity arm of The Big Issue organisation. According to the Foundation website, The Big Issue Company Ltd publishes the weekly magazine and sells it to Big Issue vendors (wholesale) “for the purpose of giving them the opportunity to earn a legitimate income, rather than having to resort to criminal activity such as begging and theft”. This is an extremely serious situation for me in particular, in that I am facing possible prosecution for begging.

In an unusual gesture L'Osservatore Romano, the Vatican newspaper, carried a front-page article by the British Prime Minister Gordon Brown on 19 February. John Hooper, who reports for the Guardian from Rome and has spent more than two decades abroad as a foreign correspondent, writes: “The fact that a son of the manse [a minister’s son] should have been allowed to write where no statesman has written before says much about the unexpectedly close links between Brown and the Holy See. What has brought them together is a common concern for the developing world and what sources close to the prime minister say is his keen appreciation of the Vatican’s global influence.” Also in the Guardian, Michael White, a former political editor, comments in a piece entitled “PM is in the hands of the pope, even in relatively godless country”.

For the record, this is the email that Declan sent this afternoon to Round (it was written very much with my defense in mind should I ever be prosecuted for begging; even on appeal, if necessary):

Subject: The Big Issue

Dear Mr. Round,

I am writing further to the email I received from you on 4 November 2008 in your capacity as chair of The Big Issue Foundation regarding my complaint that if my wife and I have not purchased a minimum of 40 magazines each week for the four weeks commenced 6 October, from 10 November we would no longer be able to have a registered pitch - we would be allowed to carry on selling as long as we move on without complaint when the vendor who has registered the pitch arrives.

In the absence of a reply to the aforementioned complaint from the founder and Editor-in-Chief of The Big Issue, Mr. John Bird MBE, you wrote: "I am currently out of the country but have copied the chief executive of the Foundation". Nonetheless, and despite my reasons as to why my wife and I had been buying small amounts of magazines and our concerns about this matter, our pitches were made available to other vendors to register as from 18 November. On 10 September 2007, Mr. Bird wrote to me as follows:

I have employed many people over the years to do jobs related to the running of The Big Issue. I have never employed them to do my job; likewise I do not do their job. Please bear this in mind when you are composing your letters. You do not need to address your letters to me, as it is not my job. I would only get involved if you were utterly and totally let down by those whose job it is in The Big Issue. I hope this assists in your deliberations in pursuit of your claims.

I wish to bring to your attention that this morning, following my own rebadging to the end of August 2009, I was informed that my wife's name was not on the Big Issue "List of vendors" and that she could not be rebadged. I have brought this matter to the attention of the Big Issue Company by email, and await clarification.

I should again point out that I wrote to the Registrar of the European Court of Human Rights on 21 August further to my second application for priority under Rule 41 of the Rules of Court, as follows:

As explained in previous applications, my wife and I survive on the streets of London by selling The Big Issue, a magazine sold by homeless people on registered street pitches, and I have lodged numerous written complaints with The Big Issue Head Office in respect of my wife and myself being walked off our respective pitch by other street traders, including, inter alia, Big Issue vendors. You will note from my email and attachments to the Court of 16 August that not only may my wife be forced into begging (a criminal offence in England), but faces debadging by The Big Issue for so doing.

Please would you acknowledge receipt.

Yours sincerely
Declan Heavey
Badge no. 1163

Church and State

MAYOR OF LONDON RSI PROPERTY
DAY 406 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A SECTION 21 NOTICE

(SEE PARA. 3 BELOW)

1. Our 308 Honorary Associates include 20 Nobel Prize laureates. Declan and I are engaged in a project that deals with the publication of issues significant to social policy in a number of key areas, e.g., climate change, population, futurism, atheism, and free speech. Established as Network for Church Monitoring, a non-profit company limited by guarantee, our main publication, found at the website, Church and State, calls attention to subjects, not the least which have been critical of the interaction between religious and secular institutions. We have been the target of numerous threats and actions, e.g., the former resulting in threats to Declan's life, and the latter, which have led to vandalism. The various incidents are on record with the police and other official agencies.

2. There are no less than 63 Nobel Prize laureates on the Church and State website from 20 Honorary Associates, eight articles, nine book excerpts and 33 petition signatories. (For example, one Nobel laureate signed our Nobel petition in support of human embryonic stem cell research and gave us permission to excerpt from one of his books.) Our list of associates also includes 18 US National Medal laureates, and six Turing Award laureates (the equivalent of the Nobel Prize in computer science). We have published one article and excerpted from the books of seven members of the British House of Lords. And there are 31 knighted professors on the site from 13 Honorary Associates, one book excerpt and 21 petition signatories. These figures are despite the never-ending assault on our email (this link reveals the targeting of our emails to, among others, a close colleague in Washington, DC as well as space advocates and Nobel laureates).

3. This is Day 406 for us living under the threat to life of a 'no fault' eviction by Peabody Trust.[1] We live in a Mayor of London's Rough Sleepers Initiative (RSI) property. Peabody's appalling new terms of tenancy have forced us into an unstable weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Declan accumulated quite a history with the Housing Ombudsman Service before he received the Ombudsman's decision not to investigate a referral from Lyn Brown MP on jurisdictional grounds. The Ombudsman was asked to consider whether or not our tenancy has been renewed like for like; and whether, if not, it should be in light of the landlord having accused us of not signing a like-for-like agreement. The Equality and Human Rights Commission will not accept a referral of discrimination from Ms Brown, the Commission's helpline (EASS) having grossly distorted the complaint against Peabody. We no longer have pro se access to the courts (see next paragraph).

4. This eviction matter came before District Judge Ruth Fine at the Central London County Court on 30 June 2020, when both counsel for St Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of the claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us. Declan currently has before the Parliamentary and Health Service Ombudsman the decision of the Information Commissioner that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that also poses a threat to his life.

5. When it comes to traffic, we have had 10.7 million hits in the past three years on Facebook; however, I left the platform on 13 March 2021 for one year rather than risk being banned for life. It is indisputable that with any sort of level playing field Church and State would have far exceeded 2.5 million hits last year. In addition to a large variety of blocks without explanation, Facebook had so severely restricted our Page's distribution by October 2020 that it was almost as good as an unpublished page.[2] Currently, we are up to their 85th block since 1 December 2015, and as usual without an explanation. This block records as one half of their 3rd double block in the first five weeks of this year that lasted 60 days. Our traffic has also been curtailed by over 2.5K blocks on access to Church and State since 26 July 2016, including 29 full distributed denial-of-service (DDoS) attacks since 17 May 2019 that have lasted for as long as 54 hours at a time.[3] About 70% of our hits are from Americans.

"This is precisely the hard hitting kind of response needed to clarify the unfair way Facebook is treating your highly reputable site." Don Collins, Founder, International Services Assistance Fund, Washington DC

Last updated: 26/06/21

_________________________

[1] Once a fixed term has elapsed, the landlord has the option to seek eviction even if the tenant has upheld their obligations in full (though of course the landlord must still apply for and obtain a county court order).

[2] 17/10/20: We have permission to publish this ISAF letter of 30 September to Facebook COO Sheryl Samberg. Facebook has so severely restricted our Page's distribution since 4 September that it's almost as good as an unpublished page

[3] Since October 2019, we have been defining a full DDoS attack as having such a high volume of up to 4-minute blocks on access to Church and State that we don't bother recording them all.

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Monday, February 23, 2009

Letter of complaint to the chair of The Big Issue Foundation

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