Mayor of London's Greater London Authority terminates our eligibility for our flat without the right of review or appeal
Mayor of London Boris Johnson
This morning Declan learned from the Central London County Court that they issued his claim against the Mayor of London's Greater London Authority (GLA) on 11 September (claim no. B02CL457). We never received the Notice of Issue that the Court says we were sent on 28 September, but they have assured Declan that documents have been served and the GLA has until 14 October to reply to them. This is an extract from an updated complaint to the UN that Declan is currently working on that deals with the GLA's termination of our eligibility for our flat without the right of review or appeal:Paragraph 38 of Declan's updated complaint to the United Nations
38. The Applicant wrote on numerous occasions to SHP and twice to the GLA protesting his and his wife’s referral to GLA Clearing House, but to no avail. Finally, on 18 June 2015, the Applicant filed an application for permission to apply for a judicial review against the GLA. By order dated 12 August 2015, the High Court refused the Applicant permission to bring judicial review proceedings, principally on the basis that his claim form should have been filed within 3 months after the grounds to make the claim arose on 4 September 2014 (see Annex 28, Greater London Authority: Order by High Court Judge Lavender, pp. 73-74). It is evident from SHP's email of 4 September 2014, judicial review pre-action correspondence and the GLA's Grounds of Defence that the Applicant has been repeatedly deprived of his right of review, and that the GLA has not properly considered the impact of its referral decision on his family life. For example, the GLA states at paragraph 13 of its Grounds of Defence that its initial letter of 23 March 2015 was not a new decision but a response to the Applicant's first pre-action protocol letter, and that it "has not reviewed the earlier [referral] decision or taken any new decision regarding the Applicant's tenancy". On 10 September 2015, the Applicant filed a claim in the Central London County Court against the GLA under Article 8 of the Human Rights Act 1998 (right to respect for private and family life) for depriving him of a review and appeal of its decision to refer him and his wife to its Clearing House programme, thereby terminating their eligibility for their flat because they are able to live independently (see Annex 29, Greater London Authority: Particulars of claim filed at Central London County Court, pp. 75-81).
38. The Applicant wrote on numerous occasions to SHP and twice to the GLA protesting his and his wife’s referral to GLA Clearing House, but to no avail. Finally, on 18 June 2015, the Applicant filed an application for permission to apply for a judicial review against the GLA. By order dated 12 August 2015, the High Court refused the Applicant permission to bring judicial review proceedings, principally on the basis that his claim form should have been filed within 3 months after the grounds to make the claim arose on 4 September 2014 (see Annex 28, Greater London Authority: Order by High Court Judge Lavender, pp. 73-74). It is evident from SHP's email of 4 September 2014, judicial review pre-action correspondence and the GLA's Grounds of Defence that the Applicant has been repeatedly deprived of his right of review, and that the GLA has not properly considered the impact of its referral decision on his family life. For example, the GLA states at paragraph 13 of its Grounds of Defence that its initial letter of 23 March 2015 was not a new decision but a response to the Applicant's first pre-action protocol letter, and that it "has not reviewed the earlier [referral] decision or taken any new decision regarding the Applicant's tenancy". On 10 September 2015, the Applicant filed a claim in the Central London County Court against the GLA under Article 8 of the Human Rights Act 1998 (right to respect for private and family life) for depriving him of a review and appeal of its decision to refer him and his wife to its Clearing House programme, thereby terminating their eligibility for their flat because they are able to live independently (see Annex 29, Greater London Authority: Particulars of claim filed at Central London County Court, pp. 75-81).
And this is the claim that Declan hand-delivered to the court on 10 September:
Brief details of claim
The Claimant challenges the Defendant for depriving him of his right of review in respect of its decision to refer him and his wife from the Mayor of London’s Housing First programme to the Mayor’s Clearing House programme (the “referral decision”), thereby terminating their eligibility for their flat because they are able to live independently. On 12 August 2015 the High Court refused the Claimant permission to apply for Judicial Review, principally because his Claim Form was not filed within 3 months after the grounds to make the claim arose on 4 September 2014. It is evident from the email the Claimant received on 4 September 2014, judicial review pre-action correspondence and the Defendant’s Grounds of Defence (in particular paragraph 13) that the Claimant has been repeatedly deprived of his right of review, and that the Defendant has not properly considered the impact of the referral decision on his family life. It has not taken into account the Claimant and his wife’s needs and vulnerable position as rough sleepers for almost 4 years in total. 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 the referral decision and provides the Claimant with the opportunity to appeal to an independent tribunal if he is not satisfied with the outcome.
Value
The Claimant expects to recover damages for distress of not more than £1,000.
The Claimant challenges the Defendant for depriving him of his right of review in respect of its decision to refer him and his wife from the Mayor of London’s Housing First programme to the Mayor’s Clearing House programme (the “referral decision”), thereby terminating their eligibility for their flat because they are able to live independently. On 12 August 2015 the High Court refused the Claimant permission to apply for Judicial Review, principally because his Claim Form was not filed within 3 months after the grounds to make the claim arose on 4 September 2014. It is evident from the email the Claimant received on 4 September 2014, judicial review pre-action correspondence and the Defendant’s Grounds of Defence (in particular paragraph 13) that the Claimant has been repeatedly deprived of his right of review, and that the Defendant has not properly considered the impact of the referral decision on his family life. It has not taken into account the Claimant and his wife’s needs and vulnerable position as rough sleepers for almost 4 years in total. 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 the referral decision and provides the Claimant with the opportunity to appeal to an independent tribunal if he is not satisfied with the outcome.
Value
The Claimant expects to recover damages for distress of not more than £1,000.
Particulars of claim (threat to life and wellbeing, paras. 16-17):
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