Friday, June 09, 2017

Ministry of Justice: Complaint to the Lord Chancellor and Secretary of State for Justice against the County Court at Central London, Royal Courts of Justice (WITH UPDATE - Day 13 21/6/2017)

Re: Blocks on public access to our Church and State website since 26 July 2016

From my newer blog post's Update 21 June (8.39am):

"I have updated my blog post of 16 January with last night's 510th block on public access to our Church and State website since 26 July 2016. The blog post also not only reveals a record-breaking 52 such blocks in one week at the end of April (an unprecedented escalation that kicked off with our focus on Denmark's cartoon crisis; 94 blocks last month), but it reveals the daily targeting to fluctuating degrees of category pages throughout the site which continues to this day."

An unprecedented ten blocks in one day on 7 May with our publication of Atheist Ireland republishes 25 blasphemous quotes in solidarity with Stephen Fry. 21 blocks last week; 5 blocks so far this week; 4 blocks yesterday; none since midnight today (as of 21 June at 8.39am).

The War on Free Expression


County Court at Central London, Royal Courts of Justice

Our experience of the Central London County Court has been so bad that this afternoon Declan complained to Lord Chancellor and Secretary of State for Justice Elizabeth Truss. This email barely scratches the surface of the opposition we have encountered from this court at every turn:

For the attention of Neelam Ahuja, Customer Service Manager, Central London County Court

Rt Hon Elizabeth Truss MP
Lord Chancellor and Secretary of State for Justice
Ministry of Justice

Address removed for email


9 June 2017

Dear Secretary of State for Justice,

Central London County Court Case No. C01CL855

I complained to you on 8 March 2017 about my non-receipt of District Judge Avent's order dismissing my claim against the Greater London Authority (GLA)-commissioned St Mungo's that alleged the falsification and fabrication of data against me. In fact, I did not receive the attached order from the Central London County Court until 15 March 2017, two days after my statutory 21 days to apply for permission to appeal had expired.

Now, according to the Court's telephone service, my application for a full refund of the £80 hearing fee was approved on 26 April 2017 but the cheque has yet to be cleared by the Court's finance section. "That's up to their working time, sir," I was told on 9 May 2017.

Please find below a finding by the Information Commissioner's Office that the Ministry of Justice breached the Data Protection Act 1998 in respect of an application to contest the court's jurisdiction that was filed by the GLA at Central London County Court on 14 October 2015 in another unrelated case.

I am copying the Court's Customer Service Manager Neelam Ahuja into this complaint. I respectfully request that someone look into the delay in my refund and inform me how much longer it is going to take to get the cheque to me. My telephone number is 0788 043 7681.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

"Let me recommend an important web site - churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out." - Edd Doerr, President, Americans for Religious Liberty

Finding of Information Commissioner's Office (ICO) against the Ministry of Justice (MoJ)

From the ICO's email dated 16 December 2015 regarding an application to contest the court's jurisdiction that was filed by the Greater London Authority at Central London County Court on 14 October 2015:

"Section 7(8) of the DPA states that a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day. The 'relevant day' being the first day a data controller receives the request and specifically the fee, and the 'prescribed period' meaning 40 calendar days.

"As the MoJ received your SAR on 19 October 2015, it should have provided its final disclosure in response by 28 November 2015. However, it appears that the MoJ has failed to disclose any personal data to you.

"Therefore, it seems the MoJ has not met its obligations under the sixth data protection principle. Consequently, in our view, it is unlikely that the MoJ has complied with the requirements of the DPA in this case."

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DAY 13 UPDATE 21 June (11.30am): Elizabeth Truss was moved to the Treasury on 11 June, two days after Declan's email above (13 days ago). On 16 June Declan redirected his complaint to the new Lord Chancellor and Secretary of State for Justice David Lidington. This morning we finally received our £80 cheque from the Central London County Court in full refund of the money we paid for the court hearing that took place on 20 February. They say that the refund was approved on 26 April but it appears not to have been processed. "Please accept my sincere apologies for the oversight," writes Rubina Begum, Temporary Customer Correspondence Section Team Leader, The County Court at Central London.

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From My Picks:

20 February: The Central London County Court: District Judge Avent dismisses Declan's claim against the Greater London Authority-commissioned St Mungo's that alleged the falsification and fabrication of data against us (WITH UPDATE 16/3/2017)

'Let me recommend an important web site churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out.' - Edd Doerr, President, Americans for Religious Liberty