Central London County Court: Declan is unfazed by the prospect of another clash over court documents

County Court at Central London, Royal Courts of Justice

On 16 December 2015 the Information Commissioner's Office (ICO) upheld the Applicant's complaint against the Ministry of Justice for breach of the Data Protection Act 1998. The ICO found that the Ministry had mishandled the Applicant's subject access request for a copy of the GLA's application to contest the court's jurisdiction, filed at Central London County Court on 14 October 2015 (see Annex 18, pp. 57-59).

- Excerpt from Declan's updated complaint to the United Nations, para. 38(ii)

Perhaps Declan will have to go to battle again with the Ministry of Justice over documents filed with the Central London County Court, this time in respect of his claim against Greater London Authority (GLA)-commissioned St Mungo's (see quote above). He is still waiting for St Mungo's CEO Howard Sinclair to respond to his email request of 16 June for an Alternative Dispute Resolution (ADR) to resolve the homeless charity's blatant flaunting of the Data Protection Act against us week in week out since we met St Mungo's TST Service Development Manager Kathleen Sims at our home on 22 April. Sinclair has also failed to reply to Declan's Letter Before Claim of 31 May, which in fact only succeeded in making a bad situation a lot worse (see further below Particulars of Claim, para. 3). This is Declan's claim against St Mungo's for the Central London County Court:

Heavey v St Mungo's

Brief details of claim

The Claimant has a Support Agreement, dated 15 April 2016, which requires the Defendant to ensure that any notes recorded from meetings are action notes, and that these are brief notes recording any actions agreed by all parties in the meetings. The Claimant avers that the Defendant has serially breached the Data Protection Act when processing his personal information. The Defendant has repeatedly uploaded notes from the Claimant's first two meetings that are not action notes as agreed, that stand as inaccurate and false (see particulars of claim, para. 4), and that have not been kept up to date where necessary. The Defendant has not replied specifically to the Claimant's letter before claim dated 31 May 2016, or responded to his alternative dispute resolution (ADR) request dated 16 June 2016. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully in holding or uploading information about him relating to his support, and an order pursuant to Section 14 of the Data Protection Act that it is to rectify any and all information that it has on him and adopt each and every proposed supplementary provision to his Support Agreement 2016 which are cumulatively aimed at preventing these violations from reoccurring. The Claimant seeks damages for distress and costs.

Value

The Claimant expects to recover not more than £1,000.

St Mungo's (then called St Mungo's Broadway) stood in defiance of this court order for over eight months:

Click to enlarge

Related bog post 19 April 2016: The Mayor of London's Clearing House service (run by St Mungo's) takes Declan to the brink of a small claims court action for the second time in two months

2nd NatWest Alert: "There was an attempt to sign in to your Natwest online on Thu, Jun 23,2016 from an unrecognized device"

1st Alert 9 May 2016: "Your business email address registered with your NWB business account has been changed on 9 May 2016."



Previous blog post last night: Financial Ombudsman: Adjudicator acknowledges bank alert "would've been of great concern" but then dismisses Declan's complaint for unfair treatment!!

The removal of our flat door in 2012 pales into insignificance when compared to the concern the alert above caused.

Financial Ombudsman: Adjudicator acknowledges bank email alert "would've been of great concern" but then dismisses Declan's complaint for unfair treatment

Yesterday Financial Ombudsman Service Adjudicator Juliana Huiza acknowledged that the NatWest change of details email alert further below "would've been of great concern as you had not made any changes", but dismissed Declan's complaint for unfair treatment. This is her letter:







The removal of our flat door in 2012 pales into insignificance when compared to the concern the email alert above caused.



UPDATE 21 February 2017: NatWest Bank: Now it's that all three of the NatWest Debit Cards we are using were cancelled by the Bank two years ago (WITH UPDATE 22/2/2017)

Heavey v St Mungo's: Declan makes one last move to try to avert filing for damages in the courts on Friday

County Court at Central London, Royal Courts of Justice

You have asked for nothing but fair play.

Donald A. Collins, President of ISAF, Washington, DC

Brief details of claim

The Claimant has a support agreement, dated 15 April 2016, which requires the Defendant to ensure that any notes recorded from meetings are action notes, and that these are brief notes recording any actions agreed by all parties in the meetings. The Defendant has produced case notes that are inaccurate and false. The Claimant believes that the Defendant has sought to undermine his Support Agreement 2016 by means of the serial abuse of data and misrepresentation (see Particulars of Claim, para. 3). The Defendant has not replied to the Claimant's Letter Before Claim, dated 31 May 2016, nor has the Defendant rectified data or addressed proposed Supplementary Provisions to the Claimant's Support Agreement 2016. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully in holding or uploading information about the Claimant relating to his support, and an order pursuant to Section 14 of the Data Protection Act that the Defendant is to rectify any and all information that it has on the Claimant and provide him with agreement on supplementary provisions to his Support Agreement 2016 to prevent these violations from occurring again.

Value

The Claimant seeks an award of damages for distress amounting to a sum of not more than £1,000, including his costs in respect of this action.

We have been battling the serial abuse of data and misrepresentation by St Mungo's since last February. Twice the homeless charity's Clearing House took Declan to the brink of filing a claim in the Central London County Court. Now it's the St Mungo's Tenancy Sustainment Team (TST) that has been flaunting the Act week in week out since we met TST Service Development Manager Kathleen Sims at our home on 22 April. We are looking for an order from the court that will bring a stop to behaviour that is bordering on the criminal, including, among other things, the retention of damaging data that has been identified by Declan as completely false, a total fabrication that Sims refuses to remove from their Opal system. Declan has his paperwork ready to file with the court on Friday. This is his email to Global Mediation tonight:







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From the Dissident Left: A Collection of Essays 2004-2013 for $4.67

The Life and Death of NSSM 200: How the Destruction of Political Will Doomed a U.S. Population Policy for $6.64

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Sabotage of our mail: How many times will the Financial Ombudsman have to mail us a hardcopy of its response to Declan's complaint against the Royal Bank of Scotland before we receive it?

With reference to RBS's response below, my business email address has always been dheavey@gmail.com and therefore did not require updating or necessitate the change of details alert I received on 9 May 2016. Further, the alert failed to identify who made the alleged change to my email address, thereby raising the serious concern that I could have been dealing with a hacker or other threat.

- Excerpt from Declan's formal complaint to the Financial Ombudsman concerning the Royal Bank of Scotland (incorporating NatWest Bank)

According to the Office of the Financial Ombudsman, they have posted their response to Declan's complaint against the Royal Bank of Scotland three times: on 31 May, 8 June and 10 June. On 8 June we received a copy of the letter by email, telling us what is happening next with the complaint. Will they have to post it a fourth time later this week?





The removal of our flat door in 2012 pales into insignificance when compared to the concern the alert above caused.

Paragraph 43 of Declan's updated complaint to the United Nations re the sabotage of our mail

43. The Applicant has also amassed irrefutable evidence relating to the sabotage of his and his wife's mail, including the non-delivery of registered items. For example, in the case of Heavey v Haringey Council (see para 23(i) above), the Applicant was denied an oral hearing which he may have been granted had he received an order from the High Court when it was sent to him. Subsequently, the Applicant's application for an order extending time for renewing his application for permission to apply for judicial review to an oral hearing and for the file of his claim to be re-opened was refused by Mitting J. The Applicant has complained on four occasions to Secretary of State for Work and Pensions Iain Duncan Smith about the Department for Work and Pensions' manipulation of his personal data. For example, it took over a year for the Applicant to receive of a P60 from the Department for the tax year 2013-2014, the original document having been mailed after his third complaint to an address that was neither authorised nor consented to by him (see annex 24, pp 73-75).

Related blog post 25 March 2016: Threat to life: Updated complaint to the United Nations

Local Government Ombudsman: The Greater London Authority (GLA) Information Governance Manager Ian Lister does nothing about GLA-commissioned St Mungo's serially breaching the Data Protection Act against us

Mayor of London Sadiq Khan

The new London Mayor Sadiq Khan is a former chair of Liberty, which campaigns to protect civil liberties and promote human rights – through the courts, in Parliament and in the wider community. This morning Declan lodged a complaint against the Greater London Authority (GLA) with the Local Government Ombudsman, citing the Authority's failure to investigate or investigate with impartiality the serial breaching by GLA-commissioned St Mungo's of the Data Protection Act against us. This is Declan's subsequent email FAO Khan addressed to GLA Information Governance Manager Ian Lister:



We of course expect nothing from the Local Government Ombudsman but no one will be able to say Declan didn't try.

Greater London Authority (GLA) St Mungo's TST blatantly flaunts the Data Protection Act for the second time in a week, and this time under the nose of GLA Information Governance Manager Ian Lister. GLA case no. MGLA080416-8847

County Court at Central London, Royal Courts of Justice

Unbelievable! Not only have St Mungo's unravelled two agreements and four court findings in one outrageous case note against us (see previous blog post, Complaint to Mayor of London Sadiq Khan: Greater London Authority (GLA) St Mungo's TST unravels two agreements and four court findings in one unlawful case note), but yesterday evening - under the threat of immediate court action - they came up with an additional set of case notes from a second meeting with Declan last Friday that blatantly flaunt the Data Protection Act. And this under the nose of GLA Information Governance Manager Ian Lister, reference MGLA080416-8847.

These are the new Action Notes:

Phoned Active Newham. Spoke to worker (Kusima?) and confirmed answer to Mr H query re- obligations after one day intensive volunteers induction. Confirmed there were fixed obligations and volunteers would be matched with clients on the basis of their availability etc.

With this fabricated Staff Action/Intervention:

Signposted to another service.

The following would constitute accurate action notes from the same meeting:

Met with Declan at our office. Phoned activeNewham for obligations following paid-for befriending training. Spoke with Kolsuma. Informed Declan that there are no fixed obligations following a one-day training course if he wished to pursue the befriending option. (There was no staff action/intervention that involved being "signposted to another service".)

It's not like we do not have a history when it comes to the processing of our personal data by St Mungo's. For example, this is a court order in relation to data held against us that St Mungo's (then called St Mungo's Broadway) stood in defiance of for over eight months:



'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

About Church and State

Letter from our Chairman

Donations are our only source of income to keep our Church and State website going, so even a small amount will make a big difference! An overview of the e-books we have published so far is available at Church and State Press here. All proceeds from these four e-books go to Network for Church Monitoring with the authors' permission.



Purchase straight from Amazon's Kindle Store:

From the Dissident Left: A Collection of Essays 2004-2013 for $4.67

The Life and Death of NSSM 200: How the Destruction of Political Will Doomed a U.S. Population Policy for $6.64

American Democracy and the Vatican: Population Growth and National Security for $4.99

The Pope and the New Apocalypse: The Holy War Against Family Planning for $2.99

Complaint to Mayor of London Sadiq Khan: Greater London Authority (GLA) St Mungo's TST unravels two agreements and four court findings in one unlawful case note

Mayor of London Sadiq Khan

Hope nothing destructive comes of this [case note].

Don Collins, contributing author to N4CM

The new London Mayor Sadiq Khan is a former chair of Liberty, which campaigns to protect civil liberties and promote human rights – through the courts, in Parliament and in the wider community. Declan emailed him this morning having learnt last Friday that the Greater London Authority (GLA) Tenancy Sustainment Team service, operated for the Mayor by St Mungo's, unravelled two agreements and four court findings in one unlawful case note against us. And this after my Thursday blog post, Financial Ombudsman Concern - The Royal Bank of Scotland Plc. Case No: 1812-7596/RY/CD10, in which I asked what would be next after a three-week package of difficulties since I attended a Newham's Volunteers' induction workshop on 4 May.

Since 9 May I have been waiting for Newham's Volunteers to provide me with an appointment to see the manager of a local community centre about a long-term volunteer position, but little did I think that a three-week package of difficulties following their induction workshop would be trumped by the small claims court action we are now looking at against St Mungo's. This is Declan's email to the Mayor in an attempt to resolve this matter without recourse to legal action for the rectification of data and damages as a result of this blatant flaunting of the Data Protection Act:

For our next court action

... To pick out three particular historical examples fuelling this belief [re St Mungo's] that involve a High Court action and the threat of two small claims court actions:

(i) During the second period the Claimant and his wife spent on the street between April 2013 and May 2014, St Mungo's (then called Broadway) denied them support to access the private rented sector despite the fact that the Claimant had the funds to do so. On 29 August 2013, the Claimant filed a claim in the High Court for judicial review against Commissioner of Police for the City of London Adrian Leppard and Home Secretary Theresa May, arguing that it was unreasonable for the Police Force to refuse to ask the charity to help them break an alleged accommodation blockade whilst at the same time threatening them with hosings by street cleaners. Deputy High Court Judge Bidder ruled: "The refusal of the First Defendant to ask the charity 'Broadway' to engage or help the Claimant and his wife with their welfare or accommodation is not arguably unreasonable. It is not its job to intervene in any disagreement between a charity and those seeking that charity's help."

(ii) On 8 May 2015 District Judge Brooks sitting at the County Court at Central London declared that the Single Homeless Project had "acted unlawfully in holding or uploading information about the Claimant relating to his debts, his employment status and an alleged mental health condition", and ordered the charity to pay damages to him for distress of £750. However, three months later, following a subject access request, the Claimant discovered that St Mungo's had failed to comply with the court order which also requested that it remove from its website any information about him and his wife "in relation to debts that they have, their employment status and to specifically remove the word 'grandiose'." It took St Mungo's a further six months, and the threat on 11 February 2016 of an immediate small claims court action, to finally remove from its website all inaccurate financial and other information held against the Claimant and his wife.

(iii) On 5 April 2016 the Claimant issued St Mungo's CEO Howard Sinclair a Letter Before Claim in respect of the handling of his and his wife's personal information. The Claimant challenged as misleading the decision of the charity to mark his and his wife's Tenancy Sustainment Team (TST) support as closed when Housing First ceased on 31 March 2015 because "an exception was made for you in that you were not required to engage with TST", according to Mr Sinclair in an email dated 16 February 2016. The GLA had repeatedly falsely accused the Claimant and his wife in court papers of refusing support, something it could not have done had their support status been marked as 'open'. It took St Mungo's a further two weeks, and the threat on 18 April 2016 of an immediate small claims court action, to finally change the Claimant and his wife's status to 'open'.

HEAVEY v. THE UNITED KINGDOM

COMMUNICATION SUBMITTED FOR CONSIDERATION UNDER THE FIRST OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

We have brought the following four actions to court orders just to keep a roof over our heads for the past two years:

Court action 1: High Court v Greater London Authority (1 September 2014), para 37(iii), p 13.

Court action 2: County Court v Single Homeless Project (12 September 2014), para 37(iii), p 13.

Court action 3: High Court v Greater London Authority (18 June 2015), para 36, p 12.

Court action 4: County Court v Greater London Authority (10 September 2015), para 36, p 12.

Related blog post 25 March 2016: Threat to life: Updated complaint to the United Nations

'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

About Church and State

Letter from our Chairman

Donations are our only source of income to keep our Church and State website going, so even a small amount will make a big difference! An overview of the e-books we have published so far is available at Church and State Press here. All proceeds from these four e-books go to Network for Church Monitoring with the authors' permission.



Purchase straight from Amazon's Kindle Store:

From the Dissident Left: A Collection of Essays 2004-2013 for $4.67

The Life and Death of NSSM 200: How the Destruction of Political Will Doomed a U.S. Population Policy for $6.64

American Democracy and the Vatican: Population Growth and National Security for $4.99

The Pope and the New Apocalypse: The Holy War Against Family Planning for $2.99