Church and State blog: Court Order: Heavey v Commissioner of Police for the City of London and Home Secretary (dismissed)

Thursday, March 13, 2014

Court Order: Heavey v Commissioner of Police for the City of London and Home Secretary (dismissed)

On 29 August 2013 Declan lodged a claim in the High Court for a judicial review against Commissioner of Police for the City of London Adrian Leppard and Home Secretary Theresa May, following the refusal of the former to ask Broadway Homelessness and Support to engage with us in relation to our welfare and access to the charity’s service for supporting clients to find accommodation in the private rented sector. This morning Declan received the court order declaring his case "totally without merit", and stating there are "alternative remedies which he should follow":

Click to enlarge

What alternative remedies? Since 7 January we have been bedding down with 35 other rough sleepers in a rolling winter night shelter programme run by the West London Churches Homeless Concern (WLCHC). WLCHC can only refer us to the Single Homeless Project, which in turn can only refer us next Monday to a Clearing House waiting list run by Broadway (see previous blog, "The latest about a flat ... still pie in the sky"). For all these homeless organisations to date, it has been hostel accommodation with some of the worst homeless characters in the capital (see blog of 10 March, "Declan emails the chairman of West London Churches Homeless Concern after being kicked awake twice in the middle of the night"), or return to the borough we used to live in, which has already refused us assistance because we are not deemed to be a 'priority need', e.g. we have no children, I am not pregnant, we are not vulnerable as a result of age (young or old), disability, mental health issues, etc.

Declan requested permission to apply for judicial review on the ground of irrationality or unreasonableness. We still believe that it was unreasonable for the City of London Police to refuse to ask Broadway to support us to access the private rented sector, whilst at the same time putting us under threat of hosings by street cleaners (see blog of 1 January, "Declan calls into Bishopsgate Police Station for a crime intel report"). Once the WLCHC winter night shelter programme closes on 10 April, we are almost certainly facing serious assault and/or incarceration for rough sleeping in the Barbican estate, which is owned by the City of London (public property), for want of a place to safely sleep following the fencing off of our previous sleeping pitch in December 2013.

This is a PDF of Declan's complaint last August that fell on deaf ears:

https://issuu.com/lolaheavey/docs/2.1_n461_claim_1_claim

Declan's complaint last month to the United Nations complains of an accommodation blockade through surveillance that shows even less signs of being lifted (paragraphs 42-48 outline why the Vatican and the hierarchy of the Catholic Church should be monitored).

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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Thursday, March 13, 2014

Court Order: Heavey v Commissioner of Police for the City of London and Home Secretary (dismissed)

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