Church and State blog: Information Commissioner's Office tells Declan that he should have received an auto-reply and to phone back tomorrow to enquire whether or not his email this afternoon has been received (WITH UPDATE 30/8/2018)

Thursday, August 23, 2018

Information Commissioner's Office tells Declan that he should have received an auto-reply and to phone back tomorrow to enquire whether or not his email this afternoon has been received (WITH UPDATE 30/8/2018)

Mayor of London Sadiq Khan.

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)

Declan asks the Information Commissioner's Office to investigate the issue of case notes St Mungo's Executive Director Dominic Williamson assured the court last year had been rectified by him (as someone with "senior responsibility in St Mungo's for information security and governance"), but are currently being held under my name:

Casework Team
Information Commissioner's Office

Address removed for email

23 August 2018

Dear Casework Team,

On 16 August I telephoned the Information Commissioner's Office about case notes St Mungo's Executive Director Dominic Williamson assured the court last year had been rectified by him but are currently being held under my wife's name.

On 20 August 2018, Mr Williamson responded as follows:

"If you [sic] wife is [sic] wants to change what her record says she should speak to her TST worker in the first instance. If this does not resolve the issue then she can use the St Mungo's complaints procedure."

My wife is currently writing for me Particulars of claim for the Central London County Court. The Brief details of claim are as follows:

"Since 17 May 2014, the Claimant and his wife have been tenants of the Clearing House, which is run by the Defendant on behalf of the Mayor of London. For almost four months, the Claimant has been battling the Defendant to stabilise his tenancy. First it was problems with the renewal of his and his wife's tenancy agreement, which took 62 days from the renewal date and the threat of immediate court action to resolve. For two months, since 25 June 2018, it has been problems with inaccurate case notes, which got even more serious on 1 August 2018 when the Claimant discovered that notes the Defendant's Executive Director Dominic Williamson assured the court last year had been rectified by him were in fact held and are still being held under the Claimant's wife's name [emphasis added]. The Defendant has also made the decision not to provide the Claimant with a like-for-like Tenancy Sustainment Team Worker (i.e., such as his wife was assigned last June), and insisted upon an enforced joint visit(s) against his expressed wishes. These serial breaches of the Human Rights Act 1998 constitute a type of harassment, discrimination, and a threat to life. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully and in dereliction of its duty. The Claimant seeks damages for distress and costs."

Please could you write to St Mungo's to investigate the issue of case notes Mr Williamson assured the court last year had been rectified by him but are currently being held under my wife's name.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

Declan's case notes from the first of two meetings as they currently stand:

"Met with Declan and Maria (Lola) at their home. Phoned Active Newham and was informed of the process of how to apply to the scheme. The application form has to be completed online and Lola was happy to complete this herself and attend the induction workshop."

My case notes from the same meeting as they currently stand:

"Met with Declan and Maria (Lola) at their property. Introduced myself and explained briefly the St Mungo's TST model. Both Declan and Lola said that currently they would like support to look into volunteering opportunities and are keen to link in with Active Newham. I called Active Newham and was informed of the process of how to apply to the scheme. Explained this to Lola and Declan. The application form has to be completed online and Lola was happy to complete this herself and attend the welcome evening."

https://issuu.com/lolaheavey/docs/witness-statement

Update 30 August (11.06am): Declan has just been informed by the ICO that his complaint against Williamson has been set up as a new case but it hasn't been assigned to a case officer. The cases they are picking up this week are cases they received at the end of May, Declan was told. This means that his case is now fast tracked for filing in the Central London County Court early next week, such is the threat to our tenancy; see my newer blog post, St Mungo's: Discrimination; Declan's claim against the Mayor of London's service for the Central London County Court. Still no response from St Mungo's CEO Howard Sinclair to Declan's pre-action letter. Last May 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 spoken with Diane Taylor, the journalist who is covering the story for the Guardian. This is her update article on the scandal:

EU freedom for rough sleepers infringed - shock horror. https://t.co/RuJKrSEiTm
— Andrew Martin (@devonprof) May 14, 2018

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

Thursday, August 23, 2018

Information Commissioner's Office tells Declan that he should have received an auto-reply and to phone back tomorrow to enquire whether or not his email this afternoon has been received (WITH UPDATE 30/8/2018)

About me

My Picks

Church and State

Blog Archive