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

Wednesday, June 15, 2016

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:

'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

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.

Church and State blog

Wednesday, June 15, 2016

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

About me

My Picks

Church and State

Blog Archive