Church and State blog: Mayor of London-commissioned St Mungo's: Data Tampering - Information Commissioner's Office Case Reference RFA0779534 (WITH UPDATE 4/1/2019)

Tuesday, December 18, 2018

Mayor of London-commissioned St Mungo's: Data Tampering - Information Commissioner's Office Case Reference RFA0779534 (WITH UPDATE 4/1/2019)

Our Church and State website has no less than 41 Nobel Prize winners on it; for details, see this blog's sidebar under "Church and State" (updated today).

County Court at Central London, Royal Courts of Justice

Heavey v St Mungo's (2016)

Trial held in the Central London County Court, Royal Courts of Justice on 20 February 2017.

On 23 August 2018, Declan complained to the Information Commissioner's Office about case notes St Mungo's Executive Director Dominic Williamson assured the Court at trial in February 2017 had been rectified by him but were in fact being held inaccurately under my name. It took the scheduling of a preliminary hearing in October 2016 to have case notes from two meetings so-called 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. DJ Avent's order dated 11 March 2017 does not state why he then dismissed the claim.

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

Mayor of London Sadiq Khan

It is a criminal offence to tamper with data. Declan and I are tenants of the Clearing House, which is run by St Mungo's on behalf of the Mayor of London. Only four months ago, Declan came within days of filing in the Central London County Court a second claim against this charity in two years; see my post of 28 August, 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 (WITH UPDATE 30/8/2018). A month ago, Declan reverted to data protection law in his dealings with this charity for the accurate recording of his complaint of unfair treatment against Newham Council. He does not expect to hear back from the Information Commissioner's Office (ICO) any day soon but when he does, I will update this post with it's Lead Case Officer's finding on data tampering in this case.

Ms Geraldine Goreham
Lead Case Officer
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

18 December 2018

Dear Ms Goreham,

Case Reference Number: RFA0779534

Thank you for your e-letter dated 16 November 2018.

On 23 August 2018, I complained about case notes St Mungo's Executive Director Dominic Williamson assured the Court last year had been rectified by him but were in fact being held inaccurately under my wife's name.

I have this morning learnt that the case notes in question under my name (and I assume this also applies to the same case notes under my wife's name) have been changed to read as follows:

Met with Declan and [REDACTED] 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 [REDACTED - 3rd Party].

Whilst the second redaction could be said to indicate information relating to a third party (in this case my wife), the first unqualified redaction has the potential to undo the settlement the Court accepted last year, thereby posing a high risk to my rights and freedoms and causing distress.

I understand, in respect of changing data, that an organisation can face criminal charges if they tamper with data that has been requested by an individual.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

16 November: St Mungo's: Declan reverts to data protection law in his dealings with the Mayor of London's St Mungo's TST for the accurate recording of his complaint of unfair treatment against Newham Council (WITH UPDATE - DAY 30 18/12/2018)

UPDATE 4 January (5.18pm): Declan is off the phone with the Information Commissioner's Lead Case Officer following his receipt of an email from her this evening. It appears that Declan is now engaged in a battle with this officer over the nature of his complaint against St Mungo's; see my newer post, Information Commissioner: Declan battles the Commissioner's Lead Case Officer over the nature of his data complaint against the Mayor of London-commissioned St Mungo's. On another front, we are not getting emails through to Nobel laureates or any emails through to our closest colleagues; see my post of 30 December, Our emails now are getting through to no one, not to Nobel Laureates or even our closest colleagues. Declan will keep trying to get through to Nobelists with the use of his mobile phone (WITH UPDATE 4/1/2019). The post reveals a letter in June 2010 from then Home Office Minister Lynne Featherstone to now Prime Minister Theresa May about the interception of our emails. An American professor wrote at the time: "I am truly appalled by the unlawful violation of the Heavey's basic right to send and receive email without interference. I would be most grateful for anything you may be able to do by way of taking measures to correct this gross abuse."

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From My Picks:

22 December 2018: Greater London Authority: Is there a borough in London that will allow Declan further his experience with children with learning disabilities? (WITH UPDATE 4/1/2019)

'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

http://churchandstate.org.uk/honorary-associates/

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

Tuesday, December 18, 2018

Mayor of London-commissioned St Mungo's: Data Tampering - Information Commissioner's Office Case Reference RFA0779534 (WITH UPDATE 4/1/2019)

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