Church and State blog: St Mungo's: Will every member of the Board of Trustees of this Mayor of London-commissioned charity ignore Declan's pleadings for the Central London County Court? His case to be filed in the Court without further notice (WITH UPDATE 5/6/2019)

Tuesday, May 21, 2019

St Mungo's: Will every member of the Board of Trustees of this Mayor of London-commissioned charity ignore Declan's pleadings for the Central London County Court? His case to be filed in the Court without further notice (WITH UPDATE 5/6/2019)

Dear Declan and Lola,
How despicable that this matter should be allowed to fester unresolved for so long. Having this threat pending is most unconscionable and should be resolved post haste.
That I can, due to our long association, be fully confident in attesting to your sterling character and reputations at any appropriate occasion.
With warmest personal regards,
Donald A Collins, Sr

Our Church and State website has no less than 57 Nobel Laureates on it; for details, see this blog's sidebar under "Church and State" (updated today).

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).

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 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." We do not accept that the court was not misled (see paragraph 4 of new Particulars of Claim here).

4 January: 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 (WITH UPDATE 31/1/2019) What an experience!

We are not being discriminated against? Declan and I are housed in a flat that is part of the Mayor of London's Rough Sleepers Initiative. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. It has been acknowledged by the Greater London Authority in court papers that both Declan and I can live independently – we do not have addictions or mental illness or behavioural issues. Our needs are solely related to the harassment, discrimination and intimidation we routinely face. I have updated my post of 14 May, St Mungo's: This Mayor of London-commissioned charity has breached protocol by not replying to Declan's pre-action letter. The pleadings in this post to be filed in court without further notice (WITH UPDATE 21/5/2019). In addition to particulars of claim, the post reveals Declan's pre-action letter to St Mungo's CEO Howard Sinclair dated 26 April. Sinclair has breached protocol by neither resolving nor replying to this letter. This effective ignoring of the letter records as yet another violation in a string of violations by this Mayor of London-commissioned charity that have had a destabilising effect upon our tenancy month in, month out for an entire year. If there is no one on the Board of Trustees of St Mungo's who is willing or able to put a stop to this systematic abuse of our rights, Declan will seek to do so by court order without further notice. This is his email this afternoon to Board members billionaire Mark Pears CBE and legal partner Alexandra Beidas of one of the UK's premier law firms:

For the attention of Alexandra Beidas, Linklaters partner

Mark Pears CBE
CEO
The William Pears Group

Address removed for email

21 May 2019

Dear Mr Pears,

In re St Mungo's discrimination

I am writing to you in your capacity as a member of the Board of Trustees at St Mungo's. Please find attached my particulars of claim to be filed in court without further notice. I would be most grateful for anything you may be able to do by way of taking measures to correct this systematic abuse of my and my wife's rights.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

Attachment: Particulars of Claim

Last year 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, it left Declan gob smacked. He subsequently spoke with Diane Taylor, the journalist covering the story for the Guardian.

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

UPDATE 5 June (11.35am): Declan also copied St Mungo's CEO Howard Sinclair into the email above. He had written to all 11 Board members by 22 May (some c/o St Mungo's). They are: Robert Napier (Chair), Tim Gadd (Vice Chair), Tracy Allison, Rolande Anderson, Alexandra Beidas (above), Dan Corry, John Maxted, Mark Pears (above), Dr Helen Walters, John Watts and Joanna Killian. Nonetheless, Sinclair continues to ignore Declan's pre-action letter; and now also his pleadings for the court. The assault on our email continues unabated, as well. See my post of 22 April, Email interception: Immediately after this complaint to our local MP a test email to two close colleagues has been blocked. A 2010 parliamentary letter to now Prime Minister Theresa May revealed in this post (WITH UPDATE 5/6/2019). The post also reveals details of the sabotage of Declan's emails to Nobel laureates since 21 February; the details are eye-watering.

From My Picks:

8 May: Greater London Authority: The Mayor of London's Rough Sleeping Team at City Hall breach the GLA's Code of Conduct by contacting St Mungo's on Declan's behalf without his authority or consent (WITH UPDATE 5/6/2019)

Mayor of London Sadiq Khan

'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/about/

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, May 21, 2019

St Mungo's: Will every member of the Board of Trustees of this Mayor of London-commissioned charity ignore Declan's pleadings for the Central London County Court? His case to be filed in the Court without further notice (WITH UPDATE 5/6/2019)

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