Church and State blog: Declan phoned the Central London County Court in the Royal Courts of Justice this afternoon. The Judge still has the court papers. Declan's latest letter pulled no punches

Friday, February 14, 2020

Declan phoned the Central London County Court in the Royal Courts of Justice this afternoon. The Judge still has the court papers. Declan's latest letter pulled no punches

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 59 Nobel Laureates on it despite the never-ending assault on our email; see paragraph 2 of 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

Mayor of London Sadiq Khan

11 December: St Mungo's: Declan has filed in court his reply to an outrageous witness statement from this Mayor of London-commissioned charity. We are threatened with insurmountable debt just to get them to vouch over the phone that we are clients of theirs [1]

Paragraph 1 of Declan's reply to the St Mungo's witness statement reads as follows:

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.

___________________________

[1] Paragraphs 11 and 12 relate to Active Newham (of Newham Council) and Newham Ability Camp, respectively.

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 we can live independently – we do not have addictions or mental illness or behavioural issues. Our needs are solely related to the harassment, discrimination, intimidation and victimisation we routinely face. This is typified by the behaviour of St Mungo's during proceedings currently before the court. No sooner had Declan replied to an outrageous witness statement of a service manager than he received fabricated data against him the likes of which we have not encountered before from St Mungo's (and that's saying something). Two months ago, Declan marked as urgent an email to the court manager for directions as to how to proceed.

The Court Manager
County Court at Central London
Royal Courts of Justice

Address removed for email

BY EMAIL AND RECORDED POST

16 December 2019

Dear Sir,

Claim Number: F03CL589
Claimant: Declan Heavey
Defendant: St Mungo's

I wish to bring to the Court's attention a serious development in this case almost immediately following my filing in Court and service of Claimant's Reply to Witness Statement of Ilyas Hussein on 11 December 2019.

Three days later, on 14 December, I received the results of a subject access request from the Defendant. They are truly shocking, and by far the worst the Defendant has produced against me to date.

The support terms of my tenancy agreement have been broken by these support plans and other documentation, which have been used as vehicles through which to make, inter alia, serious allegations about me without any basis in fact. The support plans and related documentation also breach assurances the Defendant has given the Court and me in the past.

The support plans, which I never knew even existed, were drawn up by the Defendant on 20 February 2019 and redrawn on 19 November 2019 as an apparent set-up for the non-renewal of my tenancy by Peabody Trust in 5 months' time. They at the very least are completely inappropriate vehicles for the Defendant to vent its animosity and hostility towards me through the use of slander and falsehood. They also undermine and contradict mutually agreed upon case notes that are loaded on the system, raising serious questions about the credibility and reliability of the Defendant and the veracity of its claims.

I can confirm that I am in possession of a support agreement that specifically states that: "There will be no support plan." This support agreement was negotiated between the Defendant and me following the equivalent of an intervention by District Judge Silverman on 3 February 2016.

I respectfully ask that this matter of the results of my subject access request be included in my application to the Court for a declaration that the Defendant has acted unreasonably and in breach of duty towards me.

Yours faithfully,

Declan Heavey

cc: Batchelors LLP

Batchelors Solicitors are acting for St Mungo's.

https://www.batchelors.co.uk/

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

From My Picks:

28 December 2019: We are fighting for our lives. We expect to be served an eviction notice in less than five months time should the Court uphold the complete withdrawal of the support we need from the Mayor of London-commissioned St Mungo's

What the issue in these court proceedings boils down to is whether the Court will decide that Declan and I should face the prospect of eviction back to the streets (a death threat) rather than St Mungo's take a call to confirm that we are clients of theirs, and that such a position is not harsh, unjust and unreasonable.

"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 (1930-2020), (then) President, Americans for Religious Liberty

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

Friday, February 14, 2020

Declan phoned the Central London County Court in the Royal Courts of Justice this afternoon. The Judge still has the court papers. Declan's latest letter pulled no punches

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