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

Wednesday, June 29, 2016

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

Church and State

MAYOR OF LONDON RSI PROPERTY
DAY 406 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A SECTION 21 NOTICE

(SEE PARA. 3 BELOW)

1. Our 308 Honorary Associates include 20 Nobel Prize laureates. Declan and I are engaged in a project that deals with the publication of issues significant to social policy in a number of key areas, e.g., climate change, population, futurism, atheism, and free speech. Established as Network for Church Monitoring, a non-profit company limited by guarantee, our main publication, found at the website, Church and State, calls attention to subjects, not the least which have been critical of the interaction between religious and secular institutions. We have been the target of numerous threats and actions, e.g., the former resulting in threats to Declan's life, and the latter, which have led to vandalism. The various incidents are on record with the police and other official agencies.

2. There are no less than 63 Nobel Prize laureates on the Church and State website from 20 Honorary Associates, eight articles, nine book excerpts and 33 petition signatories. (For example, one Nobel laureate signed our Nobel petition in support of human embryonic stem cell research and gave us permission to excerpt from one of his books.) Our list of associates also includes 18 US National Medal laureates, and six Turing Award laureates (the equivalent of the Nobel Prize in computer science). We have published one article and excerpted from the books of seven members of the British House of Lords. And there are 31 knighted professors on the site from 13 Honorary Associates, one book excerpt and 21 petition signatories. These figures are despite the never-ending assault on our email (this link reveals the targeting of our emails to, among others, a close colleague in Washington, DC as well as space advocates and Nobel laureates).

3. This is Day 406 for us living under the threat to life of a 'no fault' eviction by Peabody Trust.[1] We live in a Mayor of London's Rough Sleepers Initiative (RSI) property. Peabody's appalling new terms of tenancy have forced us into an unstable weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Declan accumulated quite a history with the Housing Ombudsman Service before he received the Ombudsman's decision not to investigate a referral from Lyn Brown MP on jurisdictional grounds. The Ombudsman was asked to consider whether or not our tenancy has been renewed like for like; and whether, if not, it should be in light of the landlord having accused us of not signing a like-for-like agreement. The Equality and Human Rights Commission will not accept a referral of discrimination from Ms Brown, the Commission's helpline (EASS) having grossly distorted the complaint against Peabody. We no longer have pro se access to the courts (see next paragraph).

4. This eviction matter came before District Judge Ruth Fine at the Central London County Court on 30 June 2020, when both counsel for St Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of the claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us. Declan currently has before the Parliamentary and Health Service Ombudsman the decision of the Information Commissioner that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that also poses a threat to his life.

5. When it comes to traffic, we have had 10.7 million hits in the past three years on Facebook; however, I left the platform on 13 March 2021 for one year rather than risk being banned for life. It is indisputable that with any sort of level playing field Church and State would have far exceeded 2.5 million hits last year. In addition to a large variety of blocks without explanation, Facebook had so severely restricted our Page's distribution by October 2020 that it was almost as good as an unpublished page.[2] Currently, we are up to their 85th block since 1 December 2015, and as usual without an explanation. This block records as one half of their 3rd double block in the first five weeks of this year that lasted 60 days. Our traffic has also been curtailed by over 2.5K blocks on access to Church and State since 26 July 2016, including 29 full distributed denial-of-service (DDoS) attacks since 17 May 2019 that have lasted for as long as 54 hours at a time.[3] About 70% of our hits are from Americans.

"This is precisely the hard hitting kind of response needed to clarify the unfair way Facebook is treating your highly reputable site." Don Collins, Founder, International Services Assistance Fund, Washington DC

Last updated: 26/06/21

_________________________

[1] Once a fixed term has elapsed, the landlord has the option to seek eviction even if the tenant has upheld their obligations in full (though of course the landlord must still apply for and obtain a county court order).

[2] 17/10/20: We have permission to publish this ISAF letter of 30 September to Facebook COO Sheryl Samberg. Facebook has so severely restricted our Page's distribution since 4 September that it's almost as good as an unpublished page

[3] Since October 2019, we have been defining a full DDoS attack as having such a high volume of up to 4-minute blocks on access to Church and State that we don't bother recording them all.

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Wednesday, June 29, 2016

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

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