Wednesday, June 29, 2016

Central London County Court: Declan is unfazed by the prospect of another clash over court documents


County Court at Central London, Royal Courts of Justice

On 16 December 2015 the Information Commissioner's Office (ICO) upheld the Applicant's complaint against the Ministry of Justice for breach of the Data Protection Act 1998. The ICO found that the Ministry had mishandled the Applicant's subject access request for a copy of the GLA's application to contest the court's jurisdiction, filed at Central London County Court on 14 October 2015 (see Annex 18, pp. 57-59).

- Excerpt from Declan's updated complaint to the United Nations, para. 38(ii)

Perhaps Declan will have to go to battle again with the Ministry of Justice over documents filed with the Central London County Court, this time in respect of his claim against Greater London Authority (GLA)-commissioned St Mungo's (see quote above). He is still waiting for St Mungo's CEO Howard Sinclair to respond to his email request of 16 June for an Alternative Dispute Resolution (ADR) to resolve the homeless charity's blatant flaunting of the Data Protection Act against us week in week out since we met St Mungo's TST Service Development Manager Kathleen Sims at our home on 22 April. Sinclair has also failed to reply to Declan's Letter Before Claim of 31 May, which in fact only succeeded in making a bad situation a lot worse (see further below Particulars of Claim, para. 3). This is Declan's claim against St Mungo's for the Central London County Court:

Heavey v St Mungo's

Brief details of claim


The Claimant has a Support Agreement, dated 15 April 2016, which requires the Defendant to ensure that any notes recorded from meetings are action notes, and that these are brief notes recording any actions agreed by all parties in the meetings. The Claimant avers that the Defendant has serially breached the Data Protection Act when processing his personal information. The Defendant has repeatedly uploaded notes from the Claimant's first two meetings that are not action notes as agreed, that stand as inaccurate and false (see particulars of claim, para. 4), and that have not been kept up to date where necessary. The Defendant has not replied specifically to the Claimant's letter before claim dated 31 May 2016, or responded to his alternative dispute resolution (ADR) request dated 16 June 2016. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully in holding or uploading information about him relating to his support, and an order pursuant to Section 14 of the Data Protection Act that it is to rectify any and all information that it has on him and adopt each and every proposed supplementary provision to his Support Agreement 2016 which are cumulatively aimed at preventing these violations from reoccurring. The Claimant seeks damages for distress and costs.

Value

The Claimant expects to recover not more than £1,000.

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St Mungo's (then called St Mungo's Broadway) stood in defiance of this court order for over eight months:

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Related bog post 19 April 2016: The Mayor of London's Clearing House service (run by St Mungo's) takes Declan to the brink of a small claims court action for the second time in two months