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
Tonight almost all the images in this blog post have had to be transferred to an alternative host website for rectification. In MediaFire, a lot of the images in this blog need to be restored to their true size. I will be writing to them about this in due course.
WE HAVE ALREADY BEEN FORCED TO LEAVE FACEBOOK FOR TWO MONTHS AND HAVE TODAY SWITCHED OFF FACEBOOK 'LIKES' FOR MORE FREEDOM FROM THE PLATFORM AND ANY EVICTION BACK TO THE STREETS FOR THE THIRD TIME
DAY 296 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 61 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).
Declan and I are living in a Mayor of London's Rough Sleepers Initiative designated property. Declan has accumulated quite a history with the Housing Ombudsman Service (HOS) in respect of his complaint about Peabody Trust's appalling new terms of tenancy (the details of some of this HOS history are presented in the first block below). On 18 February they informed him by email letter that Lyn Brown MP's referral to the Housing Ombudsman had been passed to their triage and mediation team. The letter made no mention of their dispute resolution provision allowing for objection to their early resolution process in favour of an investigation. Peabody insist that they are offering a tenancy "like for like as requested", therefore they are obliged to produce such a document. Instead, they have heavy-handedly accused us of not signing a like-for-like agreement. Declan objected that this is the subject matter for an investigation (to determine what is fair in all the circumstances of the case), not triage and mediation to get both parties to agree on how to resolve the complaint so that the Ombudsman could then "set out the terms in an Ombudsman's determination and ensure that any agreed actions are carried out" (quote from PDF fact sheet). Today we are in receipt of the Ombudsman's decision on the complaint. His jurisdictional dismissal report states: "This service does not have the power to issue a binding decision which would require one party to change or accept the terms of an agreement. It is for the resident to seek appropriate advice to determine whether or not the new tenancy on offer is suitable." The cover letter from the Service states: "This case is now closed." The Housing Ombudsman, Richard Blakeway, is the former Deputy Mayor of London under Boris Johnson (now Prime Minister). Declan copied him into this email last week:
On Thu, 4 Mar 2021 at 12:05, Declan Heavey wrote:
For the attention of Richard Blakeway, Housing Ombudsman
Marlon Williams
Triage and Mediation Team
Housing Ombudsman Service
Address removed for email
4 March 2021
Dear Mr Williams,
Complaint: 202002510 - Peabody Trust
Thank you for your third voice message yesterday evening. For the past two weeks, I have been phoning the Housing Ombudsman Service (HOS) to discuss my complaint. Twice I have been cut off whilst waiting to speak with someone. This morning I was told that you were unavailable and that there was no one on your team available to speak with me.
I understand from your voice message that my complaint may not be considered by HOS. You state: "I am reviewing your complaint and in line with our jurisdiction to see whether the case is something the service can look at as a whole." Please note that this is the simplest of cases for an investigation. All an adjudicator has to determine is whether or not my tenancy has been renewed like for like; and whether, if not, it should be in light of the landlord having accused me of not signing a like-for-like agreement.
I am copying Housing Ombudsman Richard Blakeway into this email for his information.
Yours sincerely,
Declan Heavey
Managing Director
Network for Church Monitoring
Declan's complaint to Lyn Brown MP about HOS
On Thu, 15 Oct 2020 at 16:29, Declan Heavey wrote:
For the attention of Richard Blakeway, Housing Ombudsman
Rt Hon Lyn Brown MP
Member of Parliament for West Ham
Address removed for email
15 October 2020
Dear Ms. Brown,
Housing Ombudsman Service
I am writing to you in my capacity as a tenant living in a Mayor of London's Rough Sleepers Initiative designated property in your constituency to make you aware of my serious concerns about the Housing Ombudsman Service (HOS). My landlord, Peabody Trust housing association, has missed three HOS deadlines since 15 June to respond to my Stage 1 complaint about tenancy terms.
Last August I had written to the Rt Hon Robert Jenrick MP, Secretary of State for Housing, Communities and Local Government, before HOS delivered on a commitment to write to Peabody a second time five weeks after their first deadline. On 30 September, no one in HOS would speak to me about my service complaint a week earlier below that should have elicited a response from them within three working days. (Their Complaints Procedure states: "We will let you know within three working days that we have received your service complaint and if we are considering it.") I was then told the following Friday to wait until the close of the day for their response.
This is the 16th working day since my service complaint and I have still heard nothing back from HOS.
Since 17 May 2020, my wife and I have been living in a weekly periodic tenancy under the threat to life of a 'no fault' Section 21 eviction notice. I contend before HOS that the fixed-term tenancy offered is not remotely a like-for-like agreement and inhibits our ability to exercise our rights. I further contend that since Peabody have insisted that they have offered a tenancy "like for like as requested", it is only fair and reasonable that they produce such a document. Instead, Peabody has falsely accused us of not signing a like-for-like agreement, and I have been provided by them with assurances that are not reflected in their new tenancy agreement.
Our legal position in respect to Section 21 possession poses a direct threat to my life. I am a 60-year-old asthmatic with a long history of serious respiratory illness, thus placing me in the high-risk group for COVID-19 and other viral respiratory infections. The new tenancy agreement also has a destabilising effect on our tenancy and inhibits our ability to exercise our rights. For example, my wife cannot resume a volunteer position she held in the community for four years. I am also forced to maintain a suspension on my voluntary work in the community. The level of pressure and uncertainty connected with our tenancy is not only unfair to us but also to the community centre my wife has been volunteering in since June 2016. The centre obviously wants someone who is reliable and able to commit to set days and times.
I would very much like you to raise these issues with the Secretary of State. You can contact me at dheavey@gmail.com or by phone on ***********.
Thank you for your help with this matter and I look forward to your response.
Best wishes,
Declan Heavey
Managing Director
Network for Church Monitoring
17 October 2020: Part 1: Housing Ombudsman Service. Two days ago Declan complained to Lyn Brown MP about this statutory service. Yesterday our flat door was vandalised. And ISAF's letter to Facebook's COO last month has gotten no results
Mayor of London Sadiq Khan
On Thu, 15 Oct 2020 at 16:29, Declan Heavey wrote:
For the attention of Richard Blakeway, Housing Ombudsman
Rt Hon Lyn Brown MP
Member of Parliament for West Ham
Address removed for email
15 October 2020
Dear Ms. Brown,
Housing Ombudsman Service
I am writing to you in my capacity as a tenant living in a Mayor of London's Rough Sleepers Initiative designated property in your constituency to make you aware of my serious concerns about the Housing Ombudsman Service (HOS). My landlord, Peabody Trust housing association, has missed three HOS deadlines since 15 June to respond to my Stage 1 complaint about tenancy terms.
Last August I had written to the Rt Hon Robert Jenrick MP, Secretary of State for Housing, Communities and Local Government, before HOS delivered on a commitment to write to Peabody a second time five weeks after their first deadline. On 30 September, no one in HOS would speak to me about my service complaint a week earlier below that should have elicited a response from them within three working days. (Their Complaints Procedure states: "We will let you know within three working days that we have received your service complaint and if we are considering it.") I was then told the following Friday to wait until the close of the day for their response.
This is the 16th working day since my service complaint and I have still heard nothing back from HOS.
Since 17 May 2020, my wife and I have been living in a weekly periodic tenancy under the threat to life of a 'no fault' Section 21 eviction notice. I contend before HOS that the fixed-term tenancy offered is not remotely a like-for-like agreement and inhibits our ability to exercise our rights. I further contend that since Peabody have insisted that they have offered a tenancy "like for like as requested", it is only fair and reasonable that they produce such a document. Instead, Peabody has falsely accused us of not signing a like-for-like agreement, and I have been provided by them with assurances that are not reflected in their new tenancy agreement.
Our legal position in respect to Section 21 possession poses a direct threat to my life. I am a 60-year-old asthmatic with a long history of serious respiratory illness, thus placing me in the high-risk group for COVID-19 and other viral respiratory infections. The new tenancy agreement also has a destabilising effect on our tenancy and inhibits our ability to exercise our rights. For example, my wife cannot resume a volunteer position she held in the community for four years. I am also forced to maintain a suspension on my voluntary work in the community. The level of pressure and uncertainty connected with our tenancy is not only unfair to us but also to the community centre my wife has been volunteering in since June 2016. The centre obviously wants someone who is reliable and able to commit to set days and times.
I would very much like you to raise these issues with the Secretary of State. You can contact me at dheavey@gmail.com or by phone on ***********.
Thank you for your help with this matter and I look forward to your response.
Best wishes,
Declan Heavey
Managing Director
Network for Church Monitoring
17 October 2020: Part 1: Housing Ombudsman Service. Two days ago Declan complained to Lyn Brown MP about this statutory service. Yesterday our flat door was vandalised. And ISAF's letter to Facebook's COO last month has gotten no results
Metropolitan Police Crime Reference No. 5330050/20. On 16 October 2020, our flat door on the 2nd floor was vandalised by two thugs with a crowbar. Declan and I were in the flat at the time and fortunately our double locked door held firm. It's my opinion that they just wanted to break the door lock but didn't have enough time. The communal door lock downstairs wasn't broken, and on 11 November 2020 that lock was changed. Our flat door was repaired by a security contractor on 1 December 2020 with silicone sealant and glue gun. The police closed the case within two days of the crime due to a lack of evidence.
We live under the threat to life of a no fault eviction and have no pro se (in person) access to the courts
The Central London County Court is based at the Royal Courts of Justice.
The following is the full content of paragraphs 3 and 4 under "Church and State" on this blog's sidebar that has been updated today.
3. This is Day 300 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 [link to this blog post] 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 is currently battling the Information Commissioner's Office in respect of how St Mungo's processes our personal data.
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 08/03/21)[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.
The Central London County Court is based at the Royal Courts of Justice.
The following is the full content of paragraphs 3 and 4 under "Church and State" on this blog's sidebar that has been updated today.
3. This is Day 300 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 [link to this blog post] 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 is currently battling the Information Commissioner's Office in respect of how St Mungo's processes our personal data.
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 08/03/21)[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.
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
I wish to sign on as an honorary associate of church and state.
A Nobel Laureate to Declan in February 2021
As revealed in the blog post at the end of this block, the Equality and Human Rights Commission (not public-facing) have advised Lyn Brown MP that they will not accept a referral of discrimination from her, the Commission's helpline (EASS) having grossly distorted the following case presentation:
13 December 2020
Equality and Human Rights Commission
Correspondence Unit
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
Dear Equality and Human Rights Commission,
Complaint against Peabody Trust
Please can you advise if you can take pre-enforcement action to help protect my rights without resorting to a court case.
Contact Reason
Equality Act - Discrimination.
Protected Characteristic
Philosophical belief.
What has happened
On 11 December 2020, I received the enclosed final decision letter ("the letter") from my landlord, Peabody Trust housing association. In the letter, Peabody falsely allege that I have appointed a solicitor in this case.
They also misleadingly state that I am housed by them under the Mayor of London's Rough Sleepers Initiative (RSI) scheme. In fact, my wife and I are tenants of the Clearing House, which is run by St Mungo's on behalf of the Greater London Authority (GLA) and the properties are provided by housing associations – such as Peabody. This fact was clarified by the GLA when their Housing First pilot, which we were a part of, ended. They wrote: "In other words, at the end of the Housing First pilot, the tenants would revert to being Clearing House tenants and as such would fall to be referred to the TST [Tenancy Sustainment Team] like all other Clearing House tenants."
Peabody's proposed new terms of tenancy, taken together with the letter, would inter alia unequivocally disenfranchise me of my right to support from St Mungo's TST. It would leave me instead with "visiting support" from Peabody that I do not want or need. They write: "We do absolutely empathise with you as a former rough sleeper and we hope you will engage with us going forward to further help you with support."
Peabody's letter has been issued to me six months into a supported housing weekly periodic tenancy. It effectively threatens me with 'no fault' short term eviction. Any assurances to the contrary have no value in law, and especially since I have no intention of forgoing support from St Mungo's TST that I am currently being prevented from accessing due to the ongoing destabilisation of my tenancy. In fact, the letter poses a direct threat to my life. I am a 60-year-old asthmatic with a long history of serious respiratory illness, thus placing me in the high-risk group for COVID-19 and other viral respiratory infections. Eviction from an RSI property would leave me wholly vulnerable and with no prospect of being housed.
I have emailed my local MP and three councillors for the referral of my complaint straight to the Housing Ombudsman. Without this referral, I have to wait until the period of eight weeks has passed before the Ombudsman will consider the case. Such is the short-term threat to my tenancy that I am also making this complaint to you for discrimination against me as a Clearing House tenant. It is absurd of Peabody to suggest that I am being treated as other Clearing House tenants in RSI properties.
The Equality Act 2010 states that it is unlawful to discriminate against a person by treating them less favourably because of their protected characteristic; in this case, my philosophical belief. The expression of my secular values and beliefs at my website – www.churchandstate.org.uk – should have no bearing on how I am treated by a housing association. I believe that as the managing director of Network for Church Monitoring, the organisation that runs the site, there is sufficient causal connection between my protected characteristic and the way I am being treated by Peabody.
Thank you for your consideration and I look forward to hearing from you as soon as conveniently possible.
Yours faithfully,
Declan Heavey
Managing Director
Network for Church Monitoring
8 March: 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? (regularly updated)
The group targeted above was US National Medal of Technology and Innovation laureates. These national medals are presented by the President of the United States on behalf of the American people, and are among the highest honours in the nation for professional achievement.
Two weeks ago, for the first time in weeks, we were able to get an email directly to a close colleague in Washington, DC. But emails from us to this colleague continue to be blocked, most recently yesterday. Among Declan's blocked emails last month was his reply to the 19th Nobel Prize laureate to accept his invitation to be listed as one of our Honorary Associates. Declan writes: "[W]e are engaged in a life and death struggle for survival (my wife's blog post about this is here)." The link is to my regularly updated post about the Equality and Human Rights Commission's refusal to accept a referral of discrimination from Lyn Brown MP. We continue to battle through the never-ending assault on our email, which is worse these past weeks than it has ever been. We have never gone weeks on end without being able to communicate directly with one person by email.
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
Laptop interference: These past six weeks it's been cut the targeted laptop from the internet and Download speed as low as 0.11 Mbps (0.14 Mbps 25.02.21)
The targeting of one or more of our four operational laptops kicked off again in December 2020. It's either cut the targeted laptop(s) from the internet or slow down speeds to anything from 74 Mbps to a fraction of 1 Mbps. For ten days in a row it's been an average 5 Mbps on Declan's primary laptop (5 Mbps today). With his secondary laptop, it's been an average 20 Mbps for five days in a row up to last week (60 Mbps today). Seldom are two laptops treated the same way at any one time, unless we have been cut off the internet altogether for anything up to 7 days to date. This is a record-equalling fourth consecutive month for this sustained targeting of one or more of our laptops.
7 February 2019: The targeting of our two primary laptops runs into a record-breaking third month. My primary laptop has been targeted for over three months (WITH UPDATE 23/12/20)
The targeting of one or more of our four operational laptops kicked off again in December 2020. It's either cut the targeted laptop(s) from the internet or slow down speeds to anything from 74 Mbps to a fraction of 1 Mbps. For ten days in a row it's been an average 5 Mbps on Declan's primary laptop (5 Mbps today). With his secondary laptop, it's been an average 20 Mbps for five days in a row up to last week (60 Mbps today). Seldom are two laptops treated the same way at any one time, unless we have been cut off the internet altogether for anything up to 7 days to date. This is a record-equalling fourth consecutive month for this sustained targeting of one or more of our laptops.
7 February 2019: The targeting of our two primary laptops runs into a record-breaking third month. My primary laptop has been targeted for over three months (WITH UPDATE 23/12/20)
TV interference: Twelve days these past six weeks it's been 0% Signal Quality and that includes three days in a row each week for two weeks running (then it's been particular free view channels that are unwatchable, today included)
2 January: We have once again lost all free view channels using our second BT TV YouView box (day 4). This time it's on an on-off basis and by far more off than on. Four cuts during this period on what's left on HDMI input without these channels. We have had three BT engineers in our flat to date to no avail. No equipment, phone line or aerial fault detected. When we switch from HDMI to Antenna, we have always had and continue to have perfect reception on free view channels using our aerial.
6 January: British Telecom: No let up on inference on individual TV channels using our second BT YouView box. The blockade of Church and State emails has extended to the sabotage of an offer of financial help to us personally. Pixsy's threat to Church and State remains open and ongoing
2 January: We have once again lost all free view channels using our second BT TV YouView box (day 4). This time it's on an on-off basis and by far more off than on. Four cuts during this period on what's left on HDMI input without these channels. We have had three BT engineers in our flat to date to no avail. No equipment, phone line or aerial fault detected. When we switch from HDMI to Antenna, we have always had and continue to have perfect reception on free view channels using our aerial.
6 January: British Telecom: No let up on inference on individual TV channels using our second BT YouView box. The blockade of Church and State emails has extended to the sabotage of an offer of financial help to us personally. Pixsy's threat to Church and State remains open and ongoing
UK Government Communications Headquarters (GCHQ)
From My Picks:
More about Facebook in this post.
8 March: Pixsy (day 118): 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 (regularly updated)
Our list of 295 Honorary Associates includes 19 Nobel Prize laureates, 12 US National Medal of Science laureates, 4 US National Medal of Technology and Innovation laureates and 12 knighted professors notwithstanding the excessive targeting of these categories of emails in particular. (Last week we had the honour of listing a US National Medal of Science laureate as an associate.)
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
