Church and State blog: Complaint to the Secretary of State for Justice. We still do not have District Judge Avent's order and today is the 2nd day after the expiration of our statutory 21 days to apply for permission to appeal (WITH UPDATE 16/3/2017)

Wednesday, March 15, 2017

Complaint to the Secretary of State for Justice. We still do not have District Judge Avent's order and today is the 2nd day after the expiration of our statutory 21 days to apply for permission to appeal (WITH UPDATE 16/3/2017)

From the Update (16/3/2017) below:

"How you manage to do what you do is simply amazing!! And with the pressure on to adjudicate what seems more and more like attacks from a personality from 1984!"

Donald A. Collins, President of ISAF, Washington DC

County Court at Central London, Royal Courts of Justice

This court order we are waiting for from the Central London County Court is our No.1 indicator of how vulnerable we are. Declan phoned the Court again on Monday, only to be told that District Judge Avent's order dismissing his claim against the Greater London Authority ("GLA")-commissioned St Mungo's that alleged the falsification and fabrication of data against him (leaving us vulnerable to eviction) was placed on the record last Saturday and was being posted. Our statutory 21 days to apply for permission to appeal expired three days ago on Monday. This was Declan's complaint to Elizabeth Truss as Secretary of State for Justice last Wednesday:

For the attention of Neelam Ahuja, Customer Service Manager, Central London County Court

Rt Hon Elizabeth Truss MP
Secretary of State for Justice and Lord Chancellor
Ministry of Justice

Address removed for email

8 March 2017

Dear Secretary of State for Justice,

Central London County Court Case No. C01CL855

I wish to complain that District Judge Avent's order dismissing my claim against the Greater London Authority ("GLA")-commissioned St Mungo's that alleged the falsification and fabrication of data against me has not yet been placed on the record, according to the Court this morning; and this, notwithstanding that the 21 days I have to appeal expires on this coming Monday, 13 March 2017.

Please see below a finding by the Information Commissioner's Office that the Ministry of Justice breached the Data Protection Act 1998 in respect of an application to contest the court's jurisdiction that was filed by the GLA at Central London County Court on 14 October 2015 in another unrelated case.

I am copying this email to Neelam Ahuja, Customer Service Manager at the court. My telephone number is 0788 043 7681.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

"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

A copy of the original of the complaint above, together with the finding of the Information Commissioner's Office against the Ministry of Justice in respect of the timely disclosure of a previous court document, is posted here. Are we going to need this time around a court order from the Central London County Court to get a copy of District Judge Avent's order?

Re: Ministry of Justice's untimely disclosure of court document

Draft paragraph 37(ii) of Declan's next updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights.

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 the Central London County Court on 14 October 2015 (see Annex 18, pp. 45-46).

UPDATE 16 March (10.05pm): We have the court order! We received it in a late post yesterday. The order is outrageous. No reason for the dismissal of Declan's claim is provided. The order states, "The Claim is dismissed," and then only states, "The Claimant's oral application for leave to appeal is refused." Of course, even if he wanted to, the judge couldn't declare the claim "totally without merit" because Declan defeated St Mungo's attempt to have the claim struck out at the preliminary hearing last October (before another judge). Although this court order is undoubtedly our No.1 indicator of how vulnerable we are, we are supremely confident that St Mungo's run the risk of compromising the court's integrity and independence by trying to make anything of it. Tonight Don Collins, President of the Washington, DC-based International Services Assistance Fund, writes, "How you manage to do what you do is simply amazing!! And with the pressure on to adjudicate what seems more and more like attacks from a personality from 1984!" This morning I posted the order to my blog post of 20 February below.

20 February: The Central London County Court: District Judge Avent dismisses Declan's claim against the Greater London Authority-commissioned St Mungo's that alleged the falsification and fabrication of data against us (WITH UPDATE 16/3/2017)

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, March 15, 2017

Complaint to the Secretary of State for Justice. We still do not have District Judge Avent's order and today is the 2nd day after the expiration of our statutory 21 days to apply for permission to appeal (WITH UPDATE 16/3/2017)

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