Church and State blog: District Judge Ruth Fine orders Declan to pay £1,850 in costs. Less than a week later I too got the phone call from the Mayor of London-commissioned St Mungo's TST that was the essence of his claim. Now our landlord Peabody has no good reason not to renew our tenancy like for like, but continues to ignore Declan's Stage 1 complaint (Housing Ombudsman ref: 202002510)

Wednesday, July 08, 2020

District Judge Ruth Fine orders Declan to pay £1,850 in costs. Less than a week later I too got the phone call from the Mayor of London-commissioned St Mungo's TST that was the essence of his claim. Now our landlord Peabody has no good reason not to renew our tenancy like for like, but continues to ignore Declan's Stage 1 complaint (Housing Ombudsman ref: 202002510)

DAY 53 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A 'NO FAULT' SECTION 21 NOTICE
MAYOR OF LONDON RSI PROPERTY

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).

02/07/20

Looks like they could use a bit more money—another $300 would no doubt be a big lift.
There must be a large handling fee for the money transfer!
The poor apparently are still treated in London like Oliver Twist!
So glad you made the transfer so promptly.
These are remarkable people!

Donald A. Collins, Sr.
Founder, International Services Assistance Fund

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

Heavey v St Mungo's (2020)

Application hearing for strike out held by conference call before the Central London County Court on 30 June 2020.

What the issue in these court proceedings boiled down to was whether the Court would 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) would not even take a phone call to confirm that we are clients of theirs. Declan argued that this was not proportionate and lawful. But District Judge Ruth Fine agreed with counsel for St Mungo's that TST North was not obliged to take such a phone call and ordered him to pay £1,850 in costs. Declan had asked the Judge to take into consideration that St Mungo's had clocked up exorbitant legal fees without mentioning this phone call in their application for strike out.[1] Less than a week later, St Mungo's TST North had agreed to take this phone call for us both. But still our landlord, Peabody housing association, will not renew our tenancy like for like as twice before (Housing Ombudsman ref: 202002510).

30 June: 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 08/07/20)

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[1] What an attack! On 23 June, Batchelors Solicitors sent Declan their costs amounting to £3,407.50. The counsel for St Mungo's asked the Judge to make him pay that exact amount, even though at the time of submitting these costs to the court, St Mungo's had never mentioned the phone call which was the essence of Declan's claim against this taxpayer-funded charity (who's turnover in 2017/18 came to £89.6 million). Declan's debt to St Mungo's was cleared by a publishing colleague within 24 hours of my blog post above.

Declan and I are housed in a flat owned by Peabody that is part of the Mayor of London's Rough Sleepers Initiative (RSI) programme. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. It has come at a cost, but two things are now indisputable: (1) Neither Declan nor I have "the vulnerabilities of those presenting with addictions or mental illness" (Skeleton Argument, Counsel for St Mungo's, para. 5). (2) It is presented as a statement of fact by St Mungo's that our support needs are "solely related to the belief-related harassment, discrimination, intimidation and victimisation" we routinely face (Skeleton Argument, Counsel for St Mungo's, para. 19(a)). When it comes to the second, St Mungo's takes the prize! Two days after District Judge Ruth Fine ordered Declan to pay £1,850 in costs in a conference call hearing (more about the £3,407.50 St Mungo's wanted him to pay above), St Mungo's TST finally agreed to vouch over the phone that he is a client of theirs - the denial of this phone call was the essence of his claim against St Mungo's. On Monday my caseworker agreed to take the same phone call for me! Now Peabody has no good reason not to renew our tenancy like for like as twice before (see "Comparative screenshots" below). However, Peabody continues to ignore Declan's Stage 1 complaint; see my post of 2 July, DAY 14: The Housing Ombudsman Service has given Declan a case number (ref: 202002510). Now will Peabody respond to his Stage 1 complaint?

St Mungo's TST North Service Manager Ilyas Hussein appointed himself Declan's caseworker last November. Too bad he couldn't even write this email back then:

On Thu, 2 Jul 2020 at 11:36, Ilyas Hussein wrote:
Hi Declan,

I would ask that you send me a written confirmation/letter that you want me/TST to speak to 3rd party to confirm that you are a TST Client. I would also like for you to email me beforehand so I know whom I am expecting to call me. I wouldn't want any random person to call me asking me to confirm you are a TST Client.

Thank you,

ilyas Hussein
TST North Service Manager
St Mungo's

Also last November, Hussein appointed TST North Team Leader Anifat Anifowoshe as my caseworker. She too couldn't even write this email back then:

On Mon, Jul 6, 2020 at 4:51 PM Anifat Anifowoshe wrote:
Hello Maria,

Trust you are well and apologies for the delay in getting back to you.

Could you send me a written confirmation/letter that you want me/TST to speak to 3rd party to confirm that you are a TST Client. I would also like for you to email me beforehand so I know whom I am expecting to call me.

Regards

Anifat

The Information Commissioner's Office has told Declan that St Mungo's will have breached statutory regulation on the 1st of next month if Hussein continues to ignore his email of 30 June for the rectification of smear documentation against him in particular; see my post of 2 July, DAY 3: The Information Commissioner's Office has told Declan that St Mungo's will have breached statutory regulation if they fail to respond in one month to his request for the rectification of the smear documentation they hold against him (and me). DJ Fine ruled before striking out Declan's claim that no adjournment would be granted by her to allow him to adduce in evidence, inter alia, this "smear documentation" against him. To all three of his requests for an adjournment, each for different reason, she just said "no" three times in quick succession. When it comes to our eviction from this Mayor of London RSI designated property, we will use free legal aid this time around. Perhaps then we will not be denied truth and justice, although we wouldn't bet on it. It is our intention to be ready at all times with truths about our tenancy for this solicitor. Declan will present these truths as they stand in an updated complaint to the United Nations; see my post of 12 July 2019, Threat to life: Updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights. Mayor of London-commissioned St Mungo's highlighted.

Comparative screenshots

Peabody continues to insist that we have been offered like-for-like terms. Really? Their new clause 24 from section D, by no means our only concern, could force any RSI tenant into declaring bankruptcy in any number of scenarios.

Our existing tenancy specifies one month's notice or four weeks' rent when we want to end the tenancy:

The tenancy on offer states that if we do not give Peabody one month's notice before we want to move out, or they do not explicitly accept a surrender of our tenancy in writing after we have given them a month's notice, we will remain liable for rent and service charges until the end of the fixed term:

Like for like? More comparative screenshots:

3 May: Peabody: The appalling terms of tenancy on offer. Today Declan is working on a pre-action letter to Peabody CEO Brendan Sarsfield under the Human Rights Act 1998 (WITH UPDATE 02/07/20)

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 currently has NatWest Bank (owned by The Royal Bank of Scotland) before the Financial Ombudsman for the cancellation of a standing order on the Network for Church Monitoring business account without his knowledge or consent. And this after he received £100 compensation from the RBS in recognition of his time, travel costs and inconvenience in setting up this and another standing order on 12 February. He has been waiting since 25 February for NatWest Complaints to confirm who subsequently cancelled the standing order and why his salary wasn't paid. His salary continues to be paid online by quick transfer from the business account to his personal account.

8 July (previous post): This time the Financial Ombudsman Service tells Declan that it is investigating Network for Church Monitoring's complaint about The Royal Bank of Scotland, not his complaint about NatWest Bank. He tries a second time to correct its line of investigation

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.

Skeleton Argument, Counsel for St Mungo's

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

2 June: 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

St Mungos management were repeatedly warned by their staff via Unite that their actions weere unethical, damaged the work of front line staff and were likley to be unlawful. The same senior managers remain in place https://t.co/ZSXwq3Xd81 #homelessness #ukhousing @labhomeless_cam
— UniteHousingWorkers (@UniteHousing) November 5, 2019

"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

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[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.

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