Tuesday, June 30, 2020

District Judge Ruth Fine orders Declan to pay £1,850 in costs. St Mungo's are under no obligation to even vouch over the phone that we are clients of the Mayor of London-commissioned St Mungo's TST programme (WITH UPDATE 19/06/21)

14/04/20

With the background as provided above, the Heaveys now are facing an eviction notice from their landlord, Peabody Trust housing association. The tenancy is a flat, which falls under the Mayor of London's Rough Sleepers Initiative. Pardoning my intrusion into English law, but in fairness there does not appear to be any reason for the eviction, relying apparently entirely on the discretion of the landlord.

Joseph R. Carvalko, Esq., American lawyer (full letter here)

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 under "Church and State" on this blog's sidebar (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).

The Central London County Court is based at the Royal Courts of Justice.

Claimant: Declan Heavey
Defendant: St Mungo's

Yesterday evening Declan made this complaint to HM Courts and Tribunals Service about the handling of his case.

Complain about a court or tribunal

Re: Central London County Court

I am writing further to my Complaint 5032378 about the handling of my case.

I still do not have confirmation from the Court that the application hearing scheduled for tomorrow morning at 10am is going ahead. I am only assured that the hearing will likely take place by telecon and not face-to-face as I requested.

This is Monday evening and the Court is now closed.

The Court's Customer Service Team confirmed this evening over the telephone that: "It's not been updated.... It's not going ahead in person tomorrow, there is nothing on here to say that at all.... It doesn't say it's going ahead on the phone, but there's nothing to say it's not."

The telephone number I provided the Court for the hearing is my landline number which is usually disconnected. My mobile number is *********.

Submitted 29/06/20

This morning District Judge Ruth Fine struck out Declan's claim against St Mungo's in a conference call. He was also ordered to pay them £1,850 in costs. His request for permission to appeal the costs order was refused. Every two weeks we pay this Mayor of London-commissioned charity £50 (£25 each), I will write a blog post about our payment. Declan will seek to make the first payment of £50 next Monday when our combined total in salary of £280 per two weeks comes through from our two primary American donations to Network for Church Monitoring. In 2017/18, St Mungo's had a turnover of £89.6 million. It receives taxpayers' money to run the Mayor of London's Clearing House and Tenancy Sustainment Teams (TST's) to help rough sleepers into accommodation and to avoid their returning to the streets. Yet this charity refuses to even vouch over the phone that we are clients of the Mayor of London's TST programme. This morning, DJ Fine agreed with counsel for St Mungo's that they don't have "any obligation" to take such a phone call, and that was that. (There is more about this case in the penultimate block at the end of this blog post.)

As well as by the Greater London Authority in court papers, it was acknowledged by St Mungo's in their Skeleton Argument yesterday that neither of us have "the vulnerabilities of those presenting with addictions or mental illness". It has also not been disputed by St Mungo's that our support needs are "solely related to the belief-related harassment, discrimination, intimidation and victimisation" we routinely face; on the contrary, in fact, they highlight this as a fact in paragraph 19(a) of their Skeleton Argument. We would say that there is no better example than St Mungo's themselves. The counsel for St Mungo's showed absolutely no mercy and wanted Declan to pay £3,407.50. And it is noteworthy that DJ Fine ruled inadmissible as evidence smear documentation St Mungo's is currently holding against him in particular. He is now seeking to have this smear documentation rectified:

On Tue, 30 Jun 2020 at 12:58, Declan Heavey wrote:
For the attention of Howard Sinclair, CEO, St Mungo's

Ilyas Hussein
TST North Service Manager
St Mungo’s

Address removed for email

30 June 2020


Dear Mr Hussein,

As you know, this morning District Judge Ruth Fine ruled before striking out my claim that no adjournment would be granted by her to allow me to adduce in evidence the "smear documentation" you are currently holding against me. Please can you advise me as to how I should go about having this documentation rectified as soon as possible?

Yours sincerely,

Declan Heavey


UPDATE 19 June 2021 (9.05pm): A publishing colleague in America cleared Declan's £1,850 debt to St Mungo's within 24 hours of this blog post. We only received DJ Fine's order on 28 July 2020, eight days after the 21-day time limit for appeal had expired. Or, in Declan's case, a request for permission to appeal. According to the order itself (below), it was made by the Judge on the day of the hearing on 30 June 2020 but wasn't drawn up by the Court until Saturday, 25 July 2020. Less than a week after the hearing, St Mungo's TST had agreed to take the phone call that was the essence of Declan's claim. They are now willing to vouch over the phone that we are clients of the service. But our landlord Peabody Trust will not renew our tenancy like for like as twice before, thereby preventing us from engaging TST due to the ongoing destabilisation of our tenancy. Lyn Brown MP has had her referral on Declan's complaint against Peabody dismissed by the Housing Ombudsman on jurisdictional grounds; see my blog post of 8 March 2021, The Housing Ombudsman has dismissed Lyn Brown MP's referral for lack of jurisdiction. We have no pro se access to the courts to fight Peabody Trust's appalling new terms of tenancy and must now live with the weekly threat to Declan's life. And it doesn't stop there! St Mungo's refuse to erase what are still smear documents against us (more about this in the next paragraph).


28 July 2020: I had to upload this image to an alternative host for images. It is another one of my images in MediaFire that does not appear on their site.

In September 2020, Andrew McCarthy, Head of Quality and Information Security at St Mungo's, finally erased slanderous and defamatory information about Declan from the St Mungo's database. He has not, however, erased coercive support plans that stand in flagrant breach of our support agreement (stating, inter alia, that there "will be no support plan"), that we never knew existed, that are riddled with inaccuracies and outright falsehoods, and that add to the destabilisation of our tenancy. St Mungo's TST actually go so far as to allege in at least two series of support plans that Declan is not working, which they know to be false. We are currently challenging before the Parliamentary and Health Service Ombudsman the Information Commissioner's decision that allows St Mungo's to continue processing these support plans for both of us individually without our knowledge or consent; see my blog post of 14 May, Threat to life: Will the Parliamentary and Health Service Ombudsman investigate Lyn Brown MP's second referral about the Information Commissioner's decision that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that poses a direct threat to Declan's life? Under data protection law, St Mungo's public interest defence cannot apply with excessive data, and we therefore continue to seek the honouring of our support agreement to ensure that excessive processing of our personal data is not conducted (data minimisation).

Who can say that Declan does not have opposition?

The Royal Bank of Scotland Group Headquarters in Gogarburn. The RBS owns National Westminster Bank (NatWest).


Declan dealt with the Financial Ombudsman Service (FOS) about the RBS's NatWest for over a year following the non-payment of his salary by standing order. The Financial Ombudsman effectively found in a final decision in this case that the Executive Case Manager at RBS wouldn't have been reasonably aware when she paid Declan compensation on 17 February 2020 - in recognition of issues he had experienced in setting up two replacement standing orders on the Network for Church Monitoring account - that there had been some error previously made by NatWest in setting up the replacement standing order for the payment of his salary. Declan's complaint about the subsequent cancellation of the standing order without his knowledge or consent that resulted in the non-payment of his salary on 24 February 2020 was passed by the investigator to an ombudsman, who is the former Team Manager at FOS and has held roles at Alliance and Leicester (now Santander). Below is a link to Declan's response to the ombudsman's published decision not to uphold his complaint.

FOS investigator: "NatWest have said although the cancellation was processed on the 12th February 2020, it wasn't uploaded for processing until later – so it didn't actually cancel until the 19 February 2020."


26 March 2021: NatWest Bank: Declan's response to the Financial Ombudsman's decision on their website. Pixsy continues to chase payment for the past non-commercial use of one image on the Church and State website



Before this blog post, I had been posting different versions of this block ever since we received a N24 General Form of Judgment or Order dated 27 March 2020 stating that Declan's case would be held before "His Honour Judge Dight CBE sitting at the County at Central London" (the letter can be seen at the link below). My previous posting of the content below was in the previous blog post, the day before the hearing on 30 June 2020.



Mayor of London Sadiq Khan


Claimant: Declan Heavey
Defendant: St Mungo's

What the issue in these court proceedings boils down to is whether the court will decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) will not even take a phone call to confirm that we are clients of theirs. The court must surely find that this is not proportionate and lawful. Declan will ask the Court to take into consideration that St Mungo's has clocked up exorbitant legal fees without mentioning this phone call in their application for strike out.

3 April 2020: Declan's claim against the Mayor of London-commissioned St Mungo's before Senior Circuit Judge Marc Dight CBE has been adjourned to a date to be fixed. St Mungo's TST is still unwilling to even take a phone call to confirm that we are clients of theirs (WITH UPDATE 08/06/20)

One of C's roles is as managing director of Network for Church Monitoring. Neither C nor his wife have the vulnerabilities of those presenting with addictions or mental illness [See POC Para 2].

Skeleton Argument, Counsel for St Mungo's


Declan taught PE in Glenstal Abbey, one of Ireland's top schools.

2 June 2020: In the Matter of: Mr. and Mrs. Declan Heavey. Declan receives a character reference from America for the court and this blog that completely and utterly discredits the Mayor of London-commissioned St Mungo's smear documentation against him in particular. We are in a flat that falls under the Mayor's Rough Sleepers Initiative

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at 12:59 pm