Tuesday, May 22, 2018

DAY 6 LIVING IN LIMBO (A THREAT TO LIFE): Pre-action letter to St Mungo's CEO Howard Sinclair for the Central London County Court under the Human Rights Act 1998

Endless bad treatment.
- Donald A. Collins, President, International Services Assistance Fund, Washington DC

Our Church and State website has no less than 40 Nobel Prize winners on it; for details, see this blog's sidebar under "Church and State" (updated today).

Mayor of London Sadiq Khan

Article 10 of the European Convention on Human Rights and Fundamental Freedoms formulates what is the core of free speech. "Everyone has the right to freedom of expression." In an important interpretation of this article, the European Court of Human Rights in Handyside v. UK (1976) indicated that this "freedom of expression" should be construed as follows. It "is applicable not only to 'information' or 'ideas' that are favourably received, or regarded as inoffensive, or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population." Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society" (see Cliteur, 2010).
Heavey v St Mungo's (2016)

St Mungo's Executive Director Dominic Williamson successfully had Declan's claim for £400 (in costs alone) dismissed by writing in a Witness Statement to the Central London County Court that St Mungo's were "keen to work with Mr Heavey to ensure that he remains securely housed and does not face homelessness again". (He also maintained and argued the point in two court hearings before two different District Court judges.) It took the scheduling of a preliminary hearing in October 2016 to have case notes from two meetings rectified by Williamson as Declan had requested all along; and that rectification only took place after a failed attempt by an international firm of solicitors, Osborne Clarke, to have Declan's claim struck out on the papers. The judge at the preliminary hearing dismissed St Mungo's application to strike out Declan's claim for compensation, and District Judge Avent's order dated 11 March 2017 does not state why he dismissed the claim.

20 February 2017: 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)

Previously I published screenshots from a shocking tenancy agreement that no one in their right mind would accept; see my previous blog post of 19 May, DAY 3 LIVING IN LIMBO (A THREAT TO LIFE): Declan is faced with issuing St Mungo's CEO Howard Sinclair a pre-action letter for the Central London County Court under the Human Rights Act 1998. Declan is now on schedule to file another claim against the Greater London Authority-commissioned St Mungo's in the Central London County Court on or before 8 June. This is his pre-action letter today to St Mungo's CEO Howard Sinclair:

Howard Sinclair
Chief Executive
St Mungo's
3 Thomas More Square
London
E1W 1YW

22 May 2018

Pre-Action Letter

Dear Mr Sinclair,

Re: Non-compliance with the Human Rights Act 1998

I write as a tenant of the Clearing House, which is run by St Mungo's on behalf of the Mayor of London. I am concerned that I have been issued a tenancy agreement that is in contravention of Article 8 (protection of family life and home) and Article 14 (prohibition of discrimination) of the Human Rights Act 1998 (HRA).

I first requested in writing a new (like-for-like) fixed term contract on 27 April 2018. I wrote to you on 10 May 2018 to challenge St Mungo's decision to rule out renewing my and my wife's fixed term tenancy. On 16 May 2018, St Mungo's Tenancy Sustainment Team Manager Gemma Goacher agreed during a meeting at my home that a renewed, like-for-like tenancy agreement would be issued to me. However, on 18 May 2018, I received a tenancy agreement that is not a renewed assured shorthold tenancy.

The new tenancy agreement contains conditions in relation to rent (payment and increases) and support that breach the HRA. On 18 May 2018, I wrote to Ms Goacher requesting written assurance that Section A, part 6 would be amended to read as follows, as agreed on 16 May 2018:

The tenancy starts on 17/05/18 and is a renewed assured shorthold tenancy for a fixed term of 2 years. (Emphasis added.)

This, I had hoped, would bring the entire contract into line with the HRA. However, Ms Goacher has been unable to provide me with this written assurance. Please could you provide me with a clear written explanation of why the decision has been made not to provide me with a renewed, like-for-like fixed term contract as agreed on 16 May 2018.

Time is of the essence, as my wife and I have been effectively living in limbo since 17 May 2018, subject to the section 21 procedure – whereby a landlord can evict a tenant without having to give any valid reason, so long as the proper procedure of providing a tenant with a notice giving them, usually, at least 2 months' notice to vacate has been followed.

This limbo state in itself constitutes discrimination, a type of harassment, and a threat to life. Therefore, if I do not receive a full response from you within 14 days of the date of this letter, I intend to issue court proceedings without further notice.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

17 May: Prime Minister Theresa May: Declan's complaint against the Mayor of London's St Mungo's service cites threat to life (WITH UPDATE - DAY 3 19/5/2018)

Last week St Mungo's made the international press for all the wrong reasons. They are accused of helping to get rough sleepers arrested and deported. When the story came through my Russia Today (RT) news feed on 14 May, it left Declan gob smacked. He has already spoken with Diane Taylor, the journalist who is covering the story for the Guardian. This is her up-date piece on the scandal:




From My Picks

8 May 2018: Threat to life: Updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights. Today we are cut off the internet for a half an hour


http://churchandstate.org.uk/honorary-associates/