I have looked at the long correspondence regarding your tenancy and clearly you have made a powerful case for the unconscionable behavior of the agency in control of your tenancy.
Donald A. Collins
Founder, International Services Assistance Fund
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).
County Court at Central London, Royal Courts of Justice
Mayor of London Sadiq Khan
31 October:
St Mungo's: Declan files his pleadings today. He is forced to take action against this Mayor of London-commissioned charity to even get our caseworkers to vouch over the phone that we are clients of theirs (WITH UPDATE 11/12/2019)
Paragraph 11 of Declan's Particulars of Claim concludes:
"The Defendant's conduct, culminating in an absence of the most basic support (meaning the willingness of the Claimant's TST caseworker to vouch over the phone that the Claimant is a client of his), is unreasonable and comes on foot of a string of violations of the legal rights and interests of the Claimant that have had a continual destabilising effect upon his tenancy since the beginning of May 2018. After almost four months of dialogue on the issue of the Defendant's failure to provide satisfactory support, the Defendant's additional almost four weeks of silence since Mr. Williamson's phone message on Friday, 4 October 2019 has made the Claimant's situation unsustainable and unsafe. The Claimant is, therefore, making an application to the Court for a declaration that the Defendant has acted unreasonably and in breach of duty towards him. Alternatively, the Claimant asks that leave to appeal be granted."
The week before last, Declan asked the Central London County Court in the Royal Courts of Justice for time to reply to a whole series of false claims by the Mayor of London-commissioned
St Mungo's upon which they have sought their costs. And that's not to mention a stack of misleading information. Declan filed his reply to their outrageous witness statement in the Court this afternoon.
CLAIMANT'S REPLY TO WITNESS STATEMENT
OF ILYAS HUSSEIN
1. The Defendant's witness statement dated 27 November 2019, written by its Tenancy Sustainment Team (TST) Service Manager Ilyas Hussein, contains a series of false claims and omits and misrepresents key facts pertaining to its tenancy sustainment support. This in itself would indicate that the Claimant has a pleadable case against the Defendant which has some real prospect of success, and that the Defendant's request for costs is abusive and unjustified.
2. In this reply to the Defendant's witness statement, unless the context requires otherwise, references to supporting document (SD) pages are to the documents to the Particulars of Claim.
3. In paragraphs 2 and 3 of its witness statement, the Defendant significantly downplays the support from Tenancy Sustainment Teams (TSTs). For example, the Defendant makes no mention of assisting clients to
"achieve financial independence". As part of celebrating its work of the last 25 years, the Defendant has created the report titled "Clearing House at 25". It states at page 10 under "The Support" that:
"The TSTs empower people to lead fulfilling lives by supporting them to address their needs and to develop the confidence and skills to live independently. The teams offer critical support to individuals when they move into often new, unfurnished flats, to help tenants:
- achieve financial independence
- learn crucial living skills such as budgeting, cooking
- access training or employment opportunities
- work towards digital inclusion"
4. The Defendant also fails to mention the support into voluntary roles that it offers many of its clients. The draft version of a letter of the Defendant dated 11 September 2018, to Newham Council's Active Newham, states:
"Access and support into voluntary roles is a common and successful route for many of our clients to gain access into paid work, gaining valuable experience and improving or maintaining self-esteem. While also building valuable links and contribution to their local community." The Claimant is a former physical education teacher who has taught in Glenstal Abbey, one of Ireland's top schools.
5. In paragraph 5 of its witness statement, the Defendant misleadingly states that the Claimant
"is now independent and does not require St Mungo's assistance". The Claimant has always been independent in so far as he does not have addictions or mental illness or behavioural issues; but this is a form of independence in relation to him that is by no means unreliant on assistance, a form of dependence. The Claimant requires the Defendant's assistance to obtain an appropriate long term voluntary work placement in a relevant role with a view to obtaining a second job so that he can achieve financial independence. As can be seen at paragraph 5 of the Particulars of Claim, the Claimant complains about a blockade across London on his volunteer applications (SD, pp. 34-36).
6. The Claimant and his wife are part-time employed two days a week on a minimum wage. Until such time as the Claimant is completely free of Housing Benefit, he will always be extremely vulnerable to a return to homelessness. The Claimant has a long history of the suspension or termination of his benefits through no fault of his own. For example, despite the fact that the Claimant has had no dealings with the Department for Work and Pensions during his current tenancy, the Department has twice had his housing benefit suspended, having notified Newham Council on both occasions that he had vacated.
7. Paragraph 5 of the Defendant's witness statement also contains three false claims. The first false claim is that the Claimant
"has even declined support offered to him by St Mungo's employment support team, and other specialist agencies that might be able to assist him". The Defendant makes clear that its employment service is more of a sign-posting service (pointing clients in the right direction of employment which suits their skills) unless clients cannot find work or approach potential employers themselves. The Claimant confirmed in writing on 18 March 2019 an arrangement he struck with his TST caseworker in respect of auxiliary support; namely, that if anyone from the employment support team were to suggest possible volunteer opportunities in a learning disability organisation, his caseworker would let him know the name of the organisation. There are no other specialist agencies that have offered support to the Claimant for him to decline.
8. The second false claim in the Defendant's paragraph 5 is that
"the only assistance [the Claimant] has requested is for his caseworker to provide him with a reference in order to help him obtain a volunteering role". The Defendant has sent on behalf of the Claimant supporting emails to Active Newham, Bromley by Bow Centre, Sense and KEEN London. However, this form of support proved unreliable. As can be seen at paragraph 3 of the Particulars of Claim, the Claimant only requested a reference from the Defendant after his caseworker failed to uphold his end of an agreement for support. Since 3 October 2019, all the Claimant has been requesting is the most basic support, meaning the willingness of his caseworker to vouch over the phone that he is a client of his. This is a very long way short of the support that had been agreed upon at the outset of the year (SD, p. 39).
9. The third false claim in the Defendant's paragraph 5 is that, with respect to a reference,
"The same goes for his wife". The Claimant's wife is a former social psychologist, with qualifications in social care. As well as having befriended a person with disabilities for over a year, she has been volunteering in a resource centre for older people for over three years with a view to working in end-of-life care. On 18 April 2019, her caseworker wrote into case notes:
"It has been agreed that she will put me down - Sofia Pires (TST Caseworker) - as her personal referee." The following month her caseworker submitted to St Joseph's Hospice an incomplete volunteer reference form that raised serious questions about the Claimant's wife's character and rendered the volunteer role she had in the hospice untenable (SD, p. 31). It was only after this that the Claimant's wife requested a reference that she could rely on, and subsequently she too offered to settle for no more than her caseworker confirming over the phone that she is a client of hers.
10. In paragraph 6 of its witness statement, the Defendant points to paragraph 3 of the Particulars of Claim to state that the Claimant
"complains that St Mungo's has failed to provide him with a personal reference to support his application for a role in learning disability volunteering." The Defendant goes on to state that
"there is no obligation upon our caseworkers to provide references, and they do so if they feel comfortable doing so and can provide truthful information". The Defendant completely ignores paragraphs 8-11 of the Particulars of Claim, wherein the Claimant repeatedly makes clear that both he and his wife have offered by way of settlement to accept as personal referees caseworkers who would be willing to do no more than vouch over the phone that they are clients of the Defendant's TST in north London (TST North). The Defendant has provided no explanation for the denial of this most basic support.
11. In paragraph 7 of its witness statement, the Defendant falsely claims that
"Mr Heavey has himself found the position about which his claim in these proceedings relates". On 24 April 2019, the Claimant sent an email to his caseworker confirming their agreement that he would resume volunteering with Active Newham on Events (short term opportunities). This agreement was affirmed by email of 11 June 2019 (copy enclosed at Schedule 1.4 hereto). Miscellaneous events such as the London Marathon or Newham Council's Firework Display are not long term opportunities (LTOs) and cannot be construed as a 'position' by any stretch of the imagination.[1]
12. On 10 October 2018, Active Newham confirmed that they were not managing any sports projects delivering activities to children with disabilities. The Claimant had just lost a voluntary role at Newham Ability Camp, an after school multi-sport club for children and young adults with disabilities, in which he shadow volunteered twice a week whilst waiting for clearance by the police to work with children and adults (an enhanced DBS check). No sooner had the Claimant received his DBS certificate after two and a half months of waiting - during which time he had also become an accredited UK Athletics assistant coach - than he was informed by email that the disability club had changed their policy for recruiting volunteers to the exclusion of anyone outside Newham Sixth Form College. At no time was TST North willing to support the Claimant's interest in a voluntary role with Newham Ability Camp despite his numerous requests.
13. In paragraph 8 of its witness statement, the Defendant fabricates concern about having to provide the Claimant with a reference that is drafted by him. It is clear from the Claimant's claim letter that he has offered only to provide whatever information is needed from him for a reference (SD, pp. 25-26). The Defendant goes on to grossly misrepresent an email the Claimant sent to his caseworker on 8 July 2019 (copy enclosed at Schedule 1.3 hereto). Contrary to what the Defendant states regarding this email, the Claimant asks his caseworker to send a supporting email to Active Newham (not an employment reference to a potential employer), as had clearly been previously agreed between them. The supporting email was sent by the caseworker on 10 July 2019, but it bounced back as undeliverable because it was sent with a full stop at the end of the address (SD, p. 20). The Defendant's pretence that this did not happen and nothing was ever sent is evidently false and misleading.
14. On 28 November 2019, the Claimant received a letter from the Defendant notifying him that it does not believe that
"the support TST can provide will be of any assistance to you at this time" (copy enclosed at Schedule 1.2 hereto). The Claimant's wife received a similar letter, with the Greater London Authority and Peabody Trust copied into both letters. The Claimant responded by email that same day stating that his reply to the Defendant's witness statement would re-emphasise the TST support he needs in order to ensure that he can sustain his tenancy and achieve financial independence (copy enclosed at Schedule 1.1 hereto). The Claimant contends that these two letters from the Defendant are no more than a set-up for the non-renewal of his tenancy by Peabody in 5 months' time in violation of his rights and interests. The Defendant's Clearing House report states at page 12 that not only do TST staff continue to work with clients
"until they are ready to move on", but that only a small fraction - 12% - are ready to move on.
15. The Defendant also declares in both letters that going forward it will
"keep records of any meetings, email exchanges and/or phone conversations on Opal (our recording system). These records will reflect the relevant staff member's understanding." This precludes the Claimant from having any further contact with the Defendant in respect of this case other than through its legal representative. As can be seen at paragraph 4 of the Particulars of Claim, the Defendant has had to repeatedly delete on Opal false and misleading case notes, including notes that it had assured the Court had been rectified. And this notwithstanding that the Defendant provided the Claimant with written assurance on 24 January 2019 that moving forward
"all and any notes" would be agreed upon by both parties (SD, pp. 8-9). The Defendant also reneges on a commitment to the Court contained in its witness statement dated 14 December 2016, written by Executive Director Dominic Williamson, who is the Defendant's information governance lead. It reads as follows:
"St Mungo's is keen to work with Mr Heavey to ensure that he remains securely housed and does not face homelessness again. We are willing to work with him to ensure that the records that our staff keep are agreed by him."
16. Further, both letters state that:
"Our objective is always to support our clients to sustain their tenancies and to avoid a return to homelessness." There is a distinction to be made between the sustainment of a tenancy and the avoidance of a return to homelessness, the latter being the goal. The Clearing House report contains a quote from a client:
"I’ve managed to get myself enrolled in a Master’s programme to finish social work training; that’s pretty much due to the stability of having accommodation and support." Clearly this client can sustain his tenancy, but he still needs support to avoid a return to homelessness. Likewise, the Claimant has managed to sustain his tenancy, but to ensure that he does not face homelessness again he needs support to achieve financial independence. It is unjust and wrong for the Defendant to deny the Claimant the most basic support to this end. This support has repeatedly been shown to be critical to help him access employment opportunities by means of an appropriate and suitable LTO voluntary work placement.
17. In asking the Court to dismiss the Claimant's case at paragraph 9 of its witness statement, the Defendant relies on a fabrication of false claims and misleading information. The Defendant writes in the concluding paragraph that:
"If the Court does not consider appropriate to dismiss the claim, I ask that delete all those parts of the Particulars of Claim which it considers to be irrelevant and / or requires the [sic] Mr Heavey to re-draft his Particulars more concisely and setting out succinctly his cause of action." The Claimant requests that the Court does not do this, and that in particular the history the Claimant presents in the Particulars in relation to the handling of his personal data is retained as relevant to his claim. So too, indeed, the entire sections under the headings: "Background"; "Failure to provide satisfactory support"; "Continual threat to property and life"; "Ineffective, unfair and biased complaints procedure";
"Unconscionable behavior"; and "Relief sought".
18. As stated in the concluding paragraph of the Particulars of Claim, the Defendant's conduct, culminating in an absence of the most basic support (meaning the willingness of the Claimant's TST caseworker to vouch over the phone that the Claimant is a client of his), is unreasonable and comes on foot of a string of violations of the legal rights and interests of the Claimant that have had a continual destabilising effect upon his tenancy since the beginning of May 2018. The current situation with regard to the Claimant's tenancy is unnecessary, unsustainable and unsafe. The Claimant therefore once again asks the Court for a declaration that the Defendant has acted unreasonably and in breach of duty towards him. Alternatively, the Claimant asks that leave to appeal be granted.
_________________________________
[1] Updated 2 January 2019
Declan has also repeatedly requested from Newham Council's Active Newham a thumbs up (21) that tallies with his volunteering. The Council has even decided that he will have to wait up to three months for Active Newham to load his volunteer hours on their system; see my post of 2 January,
Newham Council: The Local Government and Social Care Ombudsman will not investigate Declan's complaint of unfair treatment because it pertains to his voluntary work at the Council. This link also reveals that in addition to travel expenses from Limelight Sports, he has not even been receiving his joining instructions from Active Newham for events of late.
Declan taught PE in Glenstal Abbey, one of Ireland's top schools.
Earlier this year Declan fought for four months over case notes. Among a whole host of other problems (including one false and fabricated claim of 15 February that he "wants to explore training"), the last two action notes relating to learning disability volunteering were missing from a barely legible image attachment of notes that he received on 1 May.
18 February 2019
Met with Declan at his home today at 3pm on 18 February. On 1 February Declan and TST North came to an agreement regarding support going forward. Marc: Send supporting email to Sense.
6 March 2019
Marc: Supporting email sent to Sense.
15 March 2019
Met with Declan at his home today at 3.30pm on 15 March. Meeting following Declan's interview with Sense on 7 March. Marc: Enhanced supporting email sent to KEEN London containing up-front reference to Declan's former homelessness.
22 March 2019
Marc: Contacted KEEN London. Volunteer coordinator is due to return next week and shall contact regarding supporting email.
2 April 2019
Marc: Contacted KEEN London. Spoke with volunteer coordinator and waiting for application to be forwarded.
Donald Collins is Declan's professional referee. Below is Don's reference dated 8 September 2018. It is somewhat understated, in that our Church and State website now has 57 Nobel Laureates on it, as well as a distinguished list of 244 Honorary Associates that includes 15 Nobel Laureates and nine knighted professors. (These figures were lower in September 2018 when, for example, we had two Nobel Laureates listed as associates.)
Donald A. Collins, President
International Services Assistance Fund
5620 Oregon Ave, NW
Washington, DC 20015
[Information withheld]
FAX [number withheld]
eMail [address withheld]
September 8, 2018
To Whom It May Concern:
I have become aware that my colleague, Declan Heavey, a highly educated professional, has come to need a reference for Newham Council (Active Newham) to find him voluntary work within Newham with children and adults with learning disabilities in a sport setting.
Declan's credentials for this sort of voluntary work are impressive. He is an accredited UK Athletics assistant coach with a DBS certificate for such a voluntary position. He is also a former physical education teacher, who has taught in one of Ireland's top schools (Glenstal Abbey) and set up and ran an unprecedented national network of 26 summer schools called Adventure Ireland that catered for over 4,000 children aged 6-14.
I have read with interest a Republic of Ireland newspaper article about Adventure Ireland that speaks of an admirable 'reconciliation scheme' for the involvement of a large number of children from Northern Ireland. Under this scheme, southern locations catered for children from Northern Ireland accompanied by experienced youth workers known by the children themselves. I understand and have no doubt that this scheme attracted considerable local media coverage both sides of the border between the two countries.
Declan manages an extensive website to which many contribute significant articles that bear on the general welfare of people everywhere. The site gets hundreds of thousands of hits and is a favorite of mine and many Nobelists. In fact, the site has no less than 40 Nobelists on it, as well as a distinguished list of 183 Honorary Associates to date that includes 2 Nobelists and 7 academics with knighthoods under the British royal honors system.
I have met Declan and known him for more than 7 years and I can attest to his strength of character. He is an outstanding and active citizen with a great commitment to community. He is highly responsible, loyal and trustworthy, and has exceptional organisational and management skills. I am pleased to report that my association with him has convinced me that he would provide a worthy addition to serving children and adults with learning disabilities in a sport setting.
Should you wish for more information from me, kindly email me at this address.
Sincerely,
Donald A. Collins
'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/
