DAY 7 LIVING IN LIMBO (A THREAT TO LIFE): Declan asks Newham Council Chair Cllr Joy Laguda MBE to take up our case (WITH UPDATE 24/5/2018)
And the idiocy continues!!
This Kafkaesque process reflects how the madness of errant ideologues constantly skew reality and lead to incorrect outcomes.
- Donald A. Collins, President, International Services Assistance Fund, Washington DC
Our Church and State website has no less than 40 Nobel Prize winners on it; for details, see this blog's sidebar under "Church and State" (updated today).
Mayor of London Sadiq Khan
Article 10 of the European Convention on Human Rights and Fundamental Freedoms formulates what is the core of free speech. "Everyone has the right to freedom of expression." In an important interpretation of this article, the European Court of Human Rights in Handyside v. UK (1976) indicated that this "freedom of expression" should be construed as follows. It "is applicable not only to 'information' or 'ideas' that are favourably received, or regarded as inoffensive, or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population." Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society" (see Cliteur, 2010).
Heavey v St Mungo's (2016)
St Mungo's Executive Director Dominic Williamson successfully had Declan's claim for £400 (in costs alone) dismissed by writing in a Witness Statement to the Central London County Court that St Mungo's were "keen to work with Mr Heavey to ensure that he remains securely housed and does not face homelessness again". (He also maintained and argued the point in two court hearings before two different District Court judges.) It took the scheduling of a preliminary hearing in October 2016 to have case notes from two meetings rectified by Williamson as Declan had requested all along; and that rectification only took place after a failed attempt by an international firm of solicitors, Osborne Clarke, to have Declan's claim struck out on the papers. The judge at the preliminary hearing dismissed St Mungo's application to strike out Declan's claim for compensation, and District Judge Avent's order dated 11 March 2017 does not state why he dismissed the claim.
20 February 2017: 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)
St Mungo's Executive Director Dominic Williamson successfully had Declan's claim for £400 (in costs alone) dismissed by writing in a Witness Statement to the Central London County Court that St Mungo's were "keen to work with Mr Heavey to ensure that he remains securely housed and does not face homelessness again". (He also maintained and argued the point in two court hearings before two different District Court judges.) It took the scheduling of a preliminary hearing in October 2016 to have case notes from two meetings rectified by Williamson as Declan had requested all along; and that rectification only took place after a failed attempt by an international firm of solicitors, Osborne Clarke, to have Declan's claim struck out on the papers. The judge at the preliminary hearing dismissed St Mungo's application to strike out Declan's claim for compensation, and District Judge Avent's order dated 11 March 2017 does not state why he dismissed the claim.
20 February 2017: 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)
Declan is on schedule to file another claim against the Greater London Authority-commissioned St Mungo's in the Central London County Court on or before 8 June. In my previous blog post yesterday, I published his pre-action letter to St Mungo's CEO Howard Sinclair. We are in receipt of a shocking tenancy agreement that violates the UK's Human Rights Act. For screenshots of the conditions we will be putting before the Court, see my blog post of 19 May, DAY 3 LIVING IN LIMBO (A THREAT TO LIFE): Declan is faced with issuing St Mungo's CEO Howard Sinclair a pre-action letter for the Central London County Court under the Human Rights Act 1998. Today Declan has asked Newham Council Chair Cllr Joy Laguda MBE to take up our case:
Councillor Joy Laguda MBE
Plaistow North Ward
London Borough of Newham
Address removed for email
23 May 2018
Dear Cllr Laguda,
I write as a tenant of the Clearing House, which is run by St Mungo's on behalf of the Mayor of London. I am sorry I missed your surgery last Saturday.
Please find attached my pre-action letter to St Mungo's CEO Howard Sinclair. The Greater London Authority defended judicial review proceedings in the High Court in 2015 by clarifying that I am a Clearing House tenant "like all other Clearing House tenants".
I am in receipt of a tenancy agreement that is in contravention of Article 8 (protection of family life and home) and Article 14 (prohibition of discrimination) of the Human Rights Act 1998. Would you be willing to take up my case with my landlord, Peabody (formerly Family Mosaic)?
The contact name is:
Chantelle Mitchel
Neighourhood Manager
Peabody Trust
Email: chantelle.mitchell@familymosaic.co.uk
My wife and I have been living under the threat of a section 21 notice to vacate our home since 17 May 2018. As I state in my pre-action letter to Mr Sinclair, this in itself constitutes discrimination, a type of harassment, and a threat to life.
Sincerely,
Declan Heavey
71 Queens Road West
Plaistow
London
E13 0PE
Mobile: 0788 043 7681
Email: dheavey@gmail.com
17 May: Prime Minister Theresa May: Declan's complaint against the Mayor of London's St Mungo's service cites threat to life (WITH UPDATE - DAY 3 19/5/2018)
Last week St Mungo's made the international press for all the wrong reasons. They are accused of helping to get rough sleepers arrested and deported. When the story came through my Russia Today (RT) news feed on 14 May, it left Declan gob smacked. He has already spoken with Diane Taylor, the journalist who is covering the story for the Guardian. This is her up-date piece on the scandal:
EU freedom for rough sleepers infringed - shock horror. https://t.co/RuJKrSEiTm
— Andrew Martin (@devonprof) May 14, 2018
This is Declan's threat-to-life paragraph in his recent updated complaint to the United Nations:
Re: Threat to life (The Greater London Authority)
Paragraph 38 of Declan's updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights.
38. It has been acknowledged by the GLA in judicial review papers that the Applicant and his wife can live independently – they do not have addictions or mental illness or behavioural issues. Their needs are solely related to the harassment and intimidation they routinely face. Following their unavoidable court action against St. Mungo's last year (see para. 36 above), they are extremely concerned that their tenancy will not this time be renewed on the same terms as the original tenancy agreement. (The Applicant has repeatedly asked Peabody for a new, like-for-like fixed term contract from 16 May 2018 and has contacted his local councillor to take up his case.) The Applicant may then be left with no option but to challenge this decision in the High Court (Judicial Review) as unreasonable, unlawful and incapable of legal justification. As the matter stands, therefore, there is a threat to life and well-being considering the following range of factors as applicable:
(i) The Applicant has a history of respiratory diseases such as pneumonia, bronchitis and other lung infections. Both he and his wife doubt he has the respiratory health to survive even another year or two on the streets. He is in his late fifties and during his and his wife's first period of homelessness he was twice hospitalised, once with pneumonia in December 2006 and the second time with a viral infection in October 2007. Near the end of their second period of homelessness in April 2014, the Applicant was diagnosed with asthma as well as a chest infection (see para. 31 above).
(ii) Both the Applicant and his wife have serious concerns about the health care the Applicant has or has not received over the years from National Health Service (NHS) England. Prior to his hospitalisation with pneumonia in 2006, he lost consciousness while vomiting and could have easily died had his wife not been with him. Chelsea and Westminster Hospital discharged him 42 hours after admission whilst still unwell (into the shivering cold and dense fog), placing him at risk. The Applicant most recently complained to NHS England about emergency dental treatment he received in January 2018. He complained in part that he had a nerve removed from a tooth but was only prescribed antibiotics after the eruption of the tooth days later. NHS England did not uphold any aspect of the Applicant's complaint. The tooth itself was extracted a month to the day after the emergency treatment.
(iii) Back on the streets the Applicant and his wife will be restricted to sleeping on night buses, notwithstanding the Applicant's asthma and now increased susceptibility to respiratory disease. They were forced into this predicament prior to coming off the streets the second time because of an excessive use of force by police officers to move them out of where they had been sleeping. This included the Applicant's wife being threatened with arrest on the trumped-up charge of assaulting a police officer (see para. 31 above). Since the subsequent escalation of the migration crisis in Europe, the police have been given more powers to crack down on rough sleeping and need less to resort to excessive force (such as arrest without lawful authority).
Paragraph 38 of Declan's updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights.
38. It has been acknowledged by the GLA in judicial review papers that the Applicant and his wife can live independently – they do not have addictions or mental illness or behavioural issues. Their needs are solely related to the harassment and intimidation they routinely face. Following their unavoidable court action against St. Mungo's last year (see para. 36 above), they are extremely concerned that their tenancy will not this time be renewed on the same terms as the original tenancy agreement. (The Applicant has repeatedly asked Peabody for a new, like-for-like fixed term contract from 16 May 2018 and has contacted his local councillor to take up his case.) The Applicant may then be left with no option but to challenge this decision in the High Court (Judicial Review) as unreasonable, unlawful and incapable of legal justification. As the matter stands, therefore, there is a threat to life and well-being considering the following range of factors as applicable:
(i) The Applicant has a history of respiratory diseases such as pneumonia, bronchitis and other lung infections. Both he and his wife doubt he has the respiratory health to survive even another year or two on the streets. He is in his late fifties and during his and his wife's first period of homelessness he was twice hospitalised, once with pneumonia in December 2006 and the second time with a viral infection in October 2007. Near the end of their second period of homelessness in April 2014, the Applicant was diagnosed with asthma as well as a chest infection (see para. 31 above).
(ii) Both the Applicant and his wife have serious concerns about the health care the Applicant has or has not received over the years from National Health Service (NHS) England. Prior to his hospitalisation with pneumonia in 2006, he lost consciousness while vomiting and could have easily died had his wife not been with him. Chelsea and Westminster Hospital discharged him 42 hours after admission whilst still unwell (into the shivering cold and dense fog), placing him at risk. The Applicant most recently complained to NHS England about emergency dental treatment he received in January 2018. He complained in part that he had a nerve removed from a tooth but was only prescribed antibiotics after the eruption of the tooth days later. NHS England did not uphold any aspect of the Applicant's complaint. The tooth itself was extracted a month to the day after the emergency treatment.
(iii) Back on the streets the Applicant and his wife will be restricted to sleeping on night buses, notwithstanding the Applicant's asthma and now increased susceptibility to respiratory disease. They were forced into this predicament prior to coming off the streets the second time because of an excessive use of force by police officers to move them out of where they had been sleeping. This included the Applicant's wife being threatened with arrest on the trumped-up charge of assaulting a police officer (see para. 31 above). Since the subsequent escalation of the migration crisis in Europe, the police have been given more powers to crack down on rough sleeping and need less to resort to excessive force (such as arrest without lawful authority).
From My Picks
8 May 2018: Threat to life: Updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights. Today we are cut off the internet for a half an hour
http://churchandstate.org.uk/honorary-associates/
