Details of Claim: The Mayor of London-commissioned St Mungo's hold communication notes against Declan in clear violation of his rights
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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 dismissed the claim at trial. Williamson: "The court case concerned your complaint about the notes on your record. My understanding is that following the court case it became apparent that the note in contention was mirrored on your wife's record – which I don't recall being aware of at the time - and this was subsequently amended to reflect the change we had made to yours. The court was therefore not misled."
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)
Brief details of claim
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. The Claimant has a support agreement which requires the Defendant to ensure that any action notes are brief notes recording any actions agreed upon by both parties. The Claimant discovered on 9 January 2019 that in addition to notes from meetings, the Defendant is holding notes from communications without his prior knowledge or consent and therefore in breach of his support agreement. The Defendant has been asked to consider, for example, the communication note of 22 August 2018. It constitutes no more than unfair, unbalanced and inaccurate bias. This note alone is in serious breach of data protection law. The Claimant finds it particularly disturbing that these communication notes commenced prior to his and his wife's tenancy review on 16 May 2018. The Defendant has not complied with the Claimant’s requests that these notes be deleted. 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 him relating to his support, and an order pursuant to Section 47 of the Data Protection Act 2018 that the Defendant is to erase any and all communication notes sent to him on 9 January 2019. The Claimant seeks damages for distress and costs.
Value
The Claimant expects to recover not more than £1,000.
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. The Claimant has a support agreement which requires the Defendant to ensure that any action notes are brief notes recording any actions agreed upon by both parties. The Claimant discovered on 9 January 2019 that in addition to notes from meetings, the Defendant is holding notes from communications without his prior knowledge or consent and therefore in breach of his support agreement. The Defendant has been asked to consider, for example, the communication note of 22 August 2018. It constitutes no more than unfair, unbalanced and inaccurate bias. This note alone is in serious breach of data protection law. The Claimant finds it particularly disturbing that these communication notes commenced prior to his and his wife's tenancy review on 16 May 2018. The Defendant has not complied with the Claimant’s requests that these notes be deleted. 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 him relating to his support, and an order pursuant to Section 47 of the Data Protection Act 2018 that the Defendant is to erase any and all communication notes sent to him on 9 January 2019. The Claimant seeks damages for distress and costs.
Value
The Claimant expects to recover not more than £1,000.
For more information
10 January: Pre-Action Letter: The Mayor of London-commissioned St Mungo's hold communication notes against Declan in clear violation of his rights (WITH UPDATE 13/1/2019)
Mayor of London Sadiq Khan
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