Greater London Authority (County Court): We have found our precedent case in the case-law of the European Court of Human Rights
Mayor of London Boris Johnson
Heavey v Greater London AuthorityIn the Central London County Court
In the matter of a claim for damages against the Greater London Authority for depriving the Claimant of his right of review, in respect of its decision to terminate his and his wife's eligibility for their flat, and opportunity to appeal the outcome of the review to an independent tribunal if he was not satisfied.
From Particulars of Claim
17. The Claimant contends that the Defendant’s decision to refer him and his wife to GLA Clearing House gives rise to a breach of their rights under Article 8 of the Human Rights Act 1998 which provides that authorities must have respect for private and family life. In Connors v United Kingdom (2004), the European Court of Human Rights held that the eviction of a licensee and his family from the local authority gypsy caravan site was contrary to Article 8. The Court found that the legal framework applying to the occupation of pitches on local authority gypsy sites did not provide the family with sufficient procedural protection of their rights. Similarly, the legal framework applying to the referral of the Claimant and his wife to GLA Clearing House that has deprived the Claimant of a review of the decision has not provided them with sufficient procedural protection of their rights. Special consideration should be given to the Claimant and his wife’s needs and the opposition they encounter because of their vulnerable position as rough sleepers for almost 4 years in total.
18. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully and an order that it reviews its referral decision and provides the Claimant with the opportunity to appeal the outcome of the review to an independent tribunal if he is not satisfied. Alternatively, the Claimant seeks leave to appeal under Article 8 of the Human Rights Act.
17. The Claimant contends that the Defendant’s decision to refer him and his wife to GLA Clearing House gives rise to a breach of their rights under Article 8 of the Human Rights Act 1998 which provides that authorities must have respect for private and family life. In Connors v United Kingdom (2004), the European Court of Human Rights held that the eviction of a licensee and his family from the local authority gypsy caravan site was contrary to Article 8. The Court found that the legal framework applying to the occupation of pitches on local authority gypsy sites did not provide the family with sufficient procedural protection of their rights. Similarly, the legal framework applying to the referral of the Claimant and his wife to GLA Clearing House that has deprived the Claimant of a review of the decision has not provided them with sufficient procedural protection of their rights. Special consideration should be given to the Claimant and his wife’s needs and the opposition they encounter because of their vulnerable position as rough sleepers for almost 4 years in total.
18. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully and an order that it reviews its referral decision and provides the Claimant with the opportunity to appeal the outcome of the review to an independent tribunal if he is not satisfied. Alternatively, the Claimant seeks leave to appeal under Article 8 of the Human Rights Act.
'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
http://churchandstate.org.uk/about/
http://churchandstate.org.uk/letter-from-the-chairman/
http://churchandstate.org.uk/category/church-and-state-press/
If you would like to help us personally, please feel free to pick up one of our books (shameless plug, I know, but every sale helps us to work our way out of our precarious situation). There is currently five books available in Church and State Press here, and all proceeds from the first four of these books go to us with the authors' permission. Thank you all for all the support you have given us, and I hope we can keep our Church and State website going despite the constant threats.
