Wednesday, April 06, 2016

Declan's Small Claims Court action: the Mayor of London's Clearing House's wrongful closure of our support case constitutes a threat to life

Mayor of London Boris Johnson

Network for Church Monitoring does not come for free. We have twice been forced to live on the streets - from 4 November 2006 to 13 July 2009, and again from 14 April 2013 to 15 May 2014; almost 4 years in total. Given our recent dealings with the Mayor of London's Clearing House service, which is operated for the Mayor by St Mungo's, we are now convinced that there is an agenda to sabotage the renewal next month of our supported housing tenancy. To try to avert a third High Court action against the Greater London Authority (see my previous blog post), Declan has put himself in a position to file a claim in the county court against St Mungo's from 20 April onwards for the wrongful closure of our support case. This is his letter before action which was emailed and posted to St Mungo's CEO Howard Sinclair yesterday:

Click to enlarge

Paragraph 40 of Declan's updated complaint to the United Nations re the threat to life posed by the suspected sabotage of our tenancy by the Mayor of London's Greater London Authority (GLA) Clearing House service, run for the Mayor by St Mungo's

40. The Applicant may have no option but to challenge in the High Court (Judicial Review) the decision of GLA Clearing House to breach its February 2016 agreement with him to provide voluntary support. As the matter stands, and as the Applicant has repeatedly pointed out in court papers, there is a threat to life and wellbeing in this case taking the following range of factors into account:

(i) In May 2014 the Applicant and his wife took the significant decision to spend on furnishings the deposit they had for a private sector flat after having been informed that as GLA Housing First clients they had the possibility to extend their tenancy agreement beyond the expiry of the initial term. Family Mosaic provided the flat without any furnishings of any kind save cooker, fridge and carpets. In order to render the flat habitable, the Applicant even had to install shelves that had been removed from the kitchen and replace curtain rails, curtains and net curtains that had been removed from bedroom and living room windows.

(ii) The Applicant is in his mid-fifties and during his and his wife's first period of homelessness was twice hospitalised, once with pneumonia in December 2006 and the second time with a viral infection in October 2007. In April 2014, during their second period of homelessness, the Applicant was diagnosed with asthma and a chest infection (see para 31 above). Asthma is a chronic or lifelong disease that can be serious, even life threatening; pneumonia and other respiratory illnesses are much more dangerous for asthmatics than other people.

(iii) Back on the street the Applicant and his wife will be restricted to sleeping on night buses despite the Applicant's asthma and susceptibility to pneumonia, as they had been prior to coming off the street as a result of an excessive use of force by police officers to move them out of where they had been sleeping that included the Applicant's wife being threatened with arrest on the trumped-up charge of assaulting a police officer (see para 32 above). Since the escalation of the migration crisis this past summer, the police have more powers to move rough sleepers on without having to resort to unlawful means to do so.

HEAVEY v. THE UNITED KINGDOM

COMMUNICATION SUBMITTED FOR CONSIDERATION UNDER
THE FIRST OPTIONAL PROTOCOL TO THE
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

1st period sleeping rough, paras 20-22, pp 7-8.

2nd period sleeping rough (St Mungo's): paras 28-33, pp 9-11.


Some recent history with St Mungo's (11 February 2016): "Complaint to the Mayor of London: Declan is engaged in a battle royal with the Mayor's Clearing House service (run by St Mungo's) over data held against us in defiance of a court order issued last May" (UN complaint, para 37(v), p 13)

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