Monday, July 04, 2016

Heavey v St Mungo's: Filed at Central London County Court on 4 July 2016


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 (see quote above), this time in respect of the claim he filed this afternoon against Greater London Authority (GLA)-commissioned St Mungo's. He gave up on 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). It's now up to the Court Office to issue proceedings on Declan's behalf.

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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Particulars of Claim

1. The Defendant's Clearing House matched the Claimant and his wife to a Family Mosaic property as clients of the Mayor of London's Housing First programme. They were provided with a renewable two-year supported tenancy on 17 May 2014, with voluntary support being provided by SHP. In March 2015, following the termination of Housing First, they were referred back to the Clearing House. They have been provided with a renewed (like for like) tenancy that started on 16 May 2016, with their support being provided by the Defendant's Tenancy Sustainment Team ("TST") since 1 April 2016.

2. On 25 February 2016 the Claimant met with the Defendant's CEO, Howard Sinclair. A subsequent series of emails culminated in a Support Agreement dated 15 April 2016, wherein it is agreed that support is voluntary and assurance is provided by TST Service Development Manager Kathleen Sims that "any notes recorded from our meetings will be action notes, these will be brief notes recording any actions agreed by all parties in the meetings" (see Supporting Documents ("SD"), p. 21).

3. In a Letter Before Claim dated 31 May 2016 addressed to Mr Sinclair, the Claimant took issue with inaccurate case notes from his and his wife's meeting on 22 April 2016 with Ms Sims (SD, p. 10). In an email dated 2 June 2016, the Claimant took issue with Ms Sims' inadequate rectification of his personal data and inaccurate new data from his meeting on 27 May 2016 with TST Support Worker Paul Keenan (SD, p. 5). In an email dated 4 June 2016, the Claimant sought agreement from Mr Sinclair on supplementary provisions to his Support Agreement 2016 (SD, p. 4). And in an email dated 10 June 2016, the Claimant took issue with second amended case notes, both Ms Sims' inadequate rectification of his personal data and Mr Keenan's retention of false data against him (SD, p. 1).

4. The Claimant avers that the Defendant has serially breached the Data Protection Act. The Defendant has repeatedly uploaded notes from the Claimant's first two meetings that are not action notes as agreed, that stand as inaccurate (misleading without interpretation) in respect to the first meeting, that are false (retention of false data) in respect of the second meeting, and that have not been kept up to date where necessary. The Defendant has also not replied specifically to the Claimant's Letter Before Claim, or responded to his ADR request (SD, p. 13). Please find attached a draft order of the order that the Claimant is asking the Court to make. Alternatively, the Claimant asks that leave to appeal be granted.

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