Friday, May 14, 2021

The Equality and Human Rights Commission have advised Lyn Brown MP that they will not accept a referral from her. Why must the Commission's helpline (EASS) distort Declan's claim of discrimination against the landlord?

Almost all the images in this blog post had to be transferred to an alternative host website for rectification. It seems that amplified images in this Church and State blog that are held in MediaFire may have subsequently been restored by the company to their true size.

DAY 363 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 63 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 Equality Advisory Support Service (EASS) is the helpline arm of the Equality and Human Rights Commission. If you want to phone the Commission, it's the EASS you deal with. And they're not easy to get through to. Straight off the bat, Declan spent a total of three hours on hold before someone picked up. Numerous times he tried leaving a message for a call back but was cut-off every time. And twice he unsuccessfully requested a call back in writing. The EASS initially led him to believe that the Commission is not public-facing and that referrals were via them. Then, on 17 December 2020, he received an email from them dismissing his complaint of discrimination against Peabody Trust for new terms of a Rough Sleepers Initiative tenancy that are not only not fair or reasonable but have forced us into a weekly periodic tenancy that poses a threat to his life and inhibits our ability to exercise our rights. Only when Declan took issue with the EASS's gross distortion of his complaint did we learn from them that a case can be referred to the Commission via either an MP or a solicitor. Lyn Brown MP (Lab) was subsequently informed by the Commission that they will not accept a referral from her because they do not provide advice to individuals and that such is the role of the EASS helpline.

On Mon, 1 Feb 2021 at 16:30, Lyn Brown wrote:
Dear Mr Heavey,

Lyn has asked me to write to you, enclosing the below response that she has received from the Equality and Human Rights Commission in response to her enquiries on your behalf regarding your complaint of Peabody.

The response from the Equality and Human Rights Commission advises that they are not resourced to directly advise individuals, and would normally suggest engaging with the Equality Advisory and Support Service (EASS).

Lyn hopes that this information is helpful, but once you have had the opportunity to consider the content of the Equality and Human Rights Commission's reply, if you wish to raise any aspect, or if Lyn can be of any further help, please do not hesitate to contact this office once again.

In any further communication please quote the reference above.

Kind regards,

Sally Hinkley
Caseworker

Office of Lyn Brown MP
Member of Parliament for West Ham

Declan has not heard back from Ms Brown about this matter since he responded to the email above by pointing out that the referral for the Equality and Human Rights Commission is clearly in pursuit of pre-enforcement action to help protect our rights without resorting to a court case, and not the provision of advice on the issue already received from the Commission's helpline.

The Commission's helpline (EASS): Service failure?

Mayor of London Sadiq Khan


On 18 February the Equality and Human Rights Commission's helpline (EASS) refused to escalate Declan's Stage 2 complaint to the Government Equalities Office, the body which sponsors the service, apparently on the grounds that no compelling reason was provided below to indicate a service failure.

Date: 03/02/2021
Reference Number: 210203-000057
Subject: Complaint (GEO)

Dear Equality Advisory and Support Service,

I am dissatisfied with the response that I have received to my Stage 2 complaint and request that the Equality Advisory and Support Service (EASS) escalate my complaint to the Government Equalities Office on the grounds of a service failure.

The case of discrimination is against Peabody Trust for proposed new terms of a Rough Sleepers Initiative (RSI) tenancy.

First, the view has been expressed by the EASS that I am not being discriminated against because it was falsely contended by the EASS that I mentioned that I am no longer a tenant of Clearing House which is part of St Mungo's on behalf of the Greater London Authority (GLA). I have never said or written that I am a former Clearing House tenant. On the contrary, I initially wrote that: "I am making this complaint to you for discrimination against me as a Clearing House tenant."

I also provided a quote from the GLA establishing that I am a Clearing House tenant. Contrary to EASS findings, it is not in dispute what type of tenants my wife and I are in our current situation. We are Clearing House tenants, and this has never been disputed by any other party.
  
Second, nowhere in the new tenancy does it state as contended in writing by the EASS that I am living in temporary accommodation and could be at risk of eviction to help other rough sleepers on the way to permanent housing. This interpretation of the two-year fixed-term tenancy is wrong.

An impartial review of the information above reveals a deliberate manipulation and distortion of the evidence showing bias, which constitutes a service failure on the part of the EASS.
 
The response to my Stage 2 complaint does not correct and only compounds this service failure. It is not possible to see a clear link between the way I am being treated and my protected characteristic of having a philosophical belief without first recognising that I am a Clearing House tenant. For example, it stands to reason that no other Clearing House tenant in an RSI property would be obliged to accept support from the landlord. It is therefore absurd of the EASS to suggest (upon review) that I am being treated as other Clearing House tenants in RSI properties.

I do not believe that the EASS has addressed my concerns with careful consideration.

Yours faithfully,

Declan Heavey
Managing Director
Network for Church Monitoring

DJ Ruth Fine orders Declan to pay £1,850 in costs


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

Heavey v St Mungo's (2020)

The following is the full content of paragraph 4 under "Church and State" on this blog's sidebar that has been updated today.

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 poses a direct threat to his life.

30 June 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 14/05/21)[1]

__________________________

[1] Part of the Mayor of London's RSI programme in our case is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's.





14 May: Pixsy (day 185): I have found Declan's Motion to Dismiss to fight their threatened court action in an article titled "Defense Against the Dark Arts of Copyright Trolling". No sooner had we heard from them than they were named and shamed by Computer Weekly and it's a truly sickening read (previous post)


Our emails relating to brain-computer interfaces continue to be targeted. This is only the latest targeted category of emails.


For months we experienced an almost total blockade of our emails to prominent space advocates anywhere in the world (another targeted group). That blockade extended to an offer of financial help to us personally the week before Christmas 2020. We continue to have problems sending and receiving emails and op-eds when it comes to a close colleague in Washington, DC. Declan's use of his mobile phone to try to get my permission emails through to prominent space advocates has also proven unsuccessful. On both recent occasions the leading expert could only be reached through voice mail. When it comes to space travel, we most recently had the honour of listing a Hall of Famer astronaut among our Honorary Associates. It was one of the few emails that we have gotten through to prominent space advocates since last September. (A distinction is made here between a prominent space advocate and someone who has written an article about space travel. I do get some permission emails through to space writers, but regrettably not very many and only occasionally.)

23 December 2020: The blockade of Church and State emails extends to the sabotage of an offer of financial help to us personally. Pixsy with their outrageous Third Notice threaten our Church and State website. And Declan's primary laptop targeted this afternoon

I am truly appalled by the unlawful violation of the Heavey's basic right to send and receive email without interference. I would be most grateful for anything you may be able to do by way of taking measures to correct this gross abuse.

An American professor to then Home Office Minister Lynne Featherstone in 2010





Facebook's suppression tactics with us



On 4 September 2020, which also happened to be Declan's 60th birthday, the Housing Ombudsman Service set our landlord Peabody Trust a third and final deadline to respond to his Stage 1 complaint. Almost immediately that same day we were unreasonably threatened by Facebook that our Page would be unpublished by them. For the rest of the year, the distribution of the page was dramatically reduced from 120-400K to an average 5-10K post reach for the previous seven days. What, when or how often I posted had little or no effect on the suppression of the post reach on any one given day. This year we had an average 15K-20K in this post reach before I was forced to leave Facebook on 4 February for two months. On 9 March I switched off Facebook 'likes' for more freedom from the platform and any eviction back to the streets for the third time. Later that week I decided to leave the platform for the period of one year rather than risk being banned for life.

17 October 2020: 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

We have had 10.7 million hits in the past three years on Facebook and despite their unfair practices (10,712,672 million hits as at 13 March to be exact). Our five most popular articles had 6.6 million Facebook likes/shares before I switched off the button for more freedom from the platform (6,585,640 likes/shares as at 9 March to be exact). We expect to have a massively improved site this time next year, and hopefully we will have found someone interested in us who has insiders at Facebook.



From My Picks:

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? (newer post)

Our list of 301 Honorary Associates includes 20 Nobel Prize laureates, 18 US National Medal laureates and 13 knighted professors notwithstanding the excessive targeting of these categories of emails in particular. (Last month Declan had the honour of adding the 20th Nobel laureate to the list, having had an average of 85% of his emails blocked for over a week.)

http://churchandstate.org.uk/honorary-associates/

"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

at 10:37 am