Church and State blog: I have asked the Mayor of London-commissioned St Mungo's to amend my case notes to bring them to the standard demanded by the Data Protection Act

Thursday, October 03, 2019

I have asked the Mayor of London-commissioned St Mungo's to amend my case notes to bring them to the standard demanded by the Data Protection Act

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).

3/16/17

How you manage to do what you do is simply amazing!! And with the pressure on to adjudicate what seems more and more like attacks from a personality from 1984!

Donald A. Collins
Founder, International Services Assistance Fund

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 strongly disagree that the court was 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)

DJ Avent's order revealed in this post.

Mayor of London Sadiq Khan

Declan and I are housed in a flat that is part of the Mayor of London's Rough Sleepers Initiative. This email to my St Mungo's Tenancy Sustainment Team (TST) caseworker yesterday has been readied as a court document to be filed in the Central London County Court without further notice:

For the attention of Anifat Anifowoshe, Team Leader, TST North

Dear Sofia,

I do not agree that your notes accurately reflect the facts as you obtained them. Can you please amend your notes to bring them to the standard demanded by the DPA. Based on what you have written, I would accept the following:

"Maria and I met at her home today at 10.55am.

- Sofia has informed Maria that she's leaving TST North service and her last day is this Friday, 4th October 2019.

- Maria has asked to be allocated a TST Caseworker just like Sofia.

- Maria described the Employment, Training and Education (ETE) service as "irrelevant, illogical and inappropriate" in her circumstances. She does not want to be allocated a TST manager or an ETE worker by Anifat (team leader). She wants me to include here that she also does not want to have to battle an enforced joint visit during this period of reallocation (this was not brought up in the meeting).

- Maria needs a TST caseworker as her personal referee when she applies for volunteering work in end of life care. She said that if a reference letter or a fully completed reference form cannot be provided (as was the case when she applied for a volunteering role in St Joseph's), some organisations might accept a reference over the phone (which would at least be severely restrictive for Maria in her search for voluntary roles in end of life care). Sofia explained that TST is not obliged to provide references (either in writing or over the phone) and, if references are provided, TST is not obliged to share those with the person for whom the references are provided. It was agreed in the meeting that Sofia will speak with Anifat this afternoon and pass on that Maria would still like TST North support regarding references for volunteering work in end of life care.

- Maria would like to get a second job in end of life care, but not before having done some voluntary work in the field. For want of a word, Maria described as "illogical" her being provided with clarification about support that TST can provide as a service when she cannot get the basic support she needs from TST North to obtain a position in end of life care as a volunteer. In hindsight, she would prefer to use the words 'irrelevant' and 'nonsensical' in the context of a seemingly total failure by TST North to provide satisfactory support."

The information you provide me must be concise, transparent, intelligible, easily accessible, and it must use clear and plain language. I regret that your notes below do not satisfy any of these criteria (easily accessible has yet to be proven), whilst my notes above satisfy them all. The last paragraph of your email, which I told you I would not agree to as an action note, has forced me to expand on your last note.

Best regards,

Maria Heavey

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

From My Picks

24 September: DACS's attempt last week to retrieve a fee from us for copyright infringement reminds us of the last time Declan took the Mayor of London-commissioned St Mungo's to court

The Design and Artists Copyright Society (DACS) is the UK's premier rights management organisation for visual artists.

'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

Thursday, October 03, 2019

I have asked the Mayor of London-commissioned St Mungo's to amend my case notes to bring them to the standard demanded by the Data Protection Act

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