Tuesday, September 24, 2019

St Mungo's: We cannot see how we will not be taking proceedings against this Mayor of London-commissioned charity for the second time in three years

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County Court at Central London, Royal Courts of Justice

Heavey v St Mungo's (2016)

Trial held in the Central London County Court, Royal Courts of Justice on 20 February 2017.

On 23 August 2018, Declan complained to the Information Commissioner's Office about case notes St Mungo's Executive Director Dominic Williamson assured the Court at trial in February 2017 had been rectified by him but were in fact being held under my name. It took the scheduling of a preliminary hearing in October 2016 to have case notes from two meetings so-called 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. DJ Avent's order dated 11 March 2017 does not state why he dismissed the claim at trial. Williamson: "The court case concerned your complaint about the notes on your record. My understanding is that following the court case it became apparent that the note in contention was mirrored on your wife's record - which I don't recall being aware of at the time - and this was subsequently amended to reflect the change we had made to yours. The court was therefore not misled." We strongly disagree that the court was not misled.

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

Declan and I are housed in a flat that is part of the Mayor of London's Rough Sleepers Initiative. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. It has been acknowledged by the Greater London Authority in court papers that we can live independently – we do not have addictions or mental illness or behavioural issues. Our needs are solely related to the harassment, discrimination, intimidation and victimisation we routinely face. For well over a year, we have been battling St Mungo's to stabilise our tenancy; see my post of 21 August, St Mungo's: Pleadings for filing with the Central London County Court. No response from this Mayor of London-commissioned charity's Chief Executive to Declan's letter before action on Monday of last week (WITH UPDATE 24/9/2019). As I stated in my previous post, we cannot see how we will not be taking proceedings against this taxpayer-funded charity before our fixed term tenancy expires next May; that is, if Declan does not file pleadings against them within the next few weeks. It looks today like they may have again compromised our tenancy by creating more case notes against Declan that he has not approved or authorised.

Dominic Williamson
Executive Director of Strategy and Policy
St Mungo's

Address removed for email


24 September 2019

Dear Mr Williamson,

I have just heard back from Marc Appleton in response to my email to St Mungo's CEO Howard Sinclair this day last week. Marc writes: "Just seen your message. I shall get back to you by Friday to arrange meeting." To write this, Marc almost certainly must have also seen something on this thread. I also left two messages on his voicemail before my email to you last Friday below.

As the person with "senior responsibility in St Mungo's for information security and governance" (to quote from your witness statement to the court in December 2016), please can you confirm that any and all notes that have been uploaded to Opal have been agreed with me as per my agreement for support under my tenancy agreement. In other words, that there have been no notes of any description - communication notes or otherwise - uploaded to Opal by Marc or anyone else since those notes previously agreed between me and him.

It will not be possible for me to meet with Marc to discuss the Tenancy Sustainment Team (TST) support I need without this confirmation, particularly in light of my recent four-month battle over the uploading of case notes that were not agreed with me. This included having removed the false and fabricated claim of 15/02/19 that I told Marc that I wanted "to explore training". Your Employment, Training and Education (ETE) service was and remains completely inappropriate in my circumstances.

As I had requested, all notes from and including the 15/02/19 were removed from the system. The notes (18/02/19 - 02/04/19) as agreed between me and Marc were also updated on the system. Please find attached a screenshot evidencing my agreed notes on your Opal system. I have also included the notes from 22/04/16 - 05/11/18 which had already been agreed between me and TST.

My wife's TST caseworker, Sofia Pires, had no difficulty reassuring my wife last week about case notes. They are scheduled to meet tomorrow week to discuss the TST support my wife needs.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring




From My Picks:

24 September: DACS's attempt last week to retrieve a fee from us for copyright infringement reminds us of the last time Declan took the Mayor of London-commissioned St Mungo's to court


The Design and Artists Copyright Society (DACS) is the UK's premier rights management organisation for visual artists.

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