Church and State blog: 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)

Thursday, July 02, 2020

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)

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

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) will not even take a phone call to confirm that we are clients of theirs. Declan argued during the conference call that this is not proportionate and lawful. But District Judge Ruth Fine agreed with counsel for St Mungo's that TST North is not obliged to take such a phone call and ordered him to pay £1,850 in costs. He 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.*

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 02/07/20)

__________________________

* Batchelors Solicitors sent Declan on 23 June 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. His debt to this charity - who's turnover in 2017/18 came to £89.6 million - was cleared by a publishing colleague within 24 hours of my blog post above.

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
Managing Director
Network for Church Monitoring

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 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.

27 June: Despite his earlier dealings with the RBS Executive Response Team, Declan has been waiting over four months to learn from Natwest Bank who cancelled a standing order on the Network for Church Monitoring business account without his knowledge or consent (Financial Ombudsman case ref. PNX-3576860-D6B8)

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

_________________________

[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, July 02, 2020

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)

About me

My Picks

Church and State

Blog Archive