Church and State blog: The Information Commissioner's Office has received a substantial amount of information. Will the lead case officer decide that St Mungo's can continue to process (outrageous) support plans behind Declan's back that stand in flagrant breach of our support agreement stating there will be no support plan?

Thursday, February 11, 2021

The Information Commissioner's Office has received a substantial amount of information. Will the lead case officer decide that St Mungo's can continue to process (outrageous) support plans behind Declan's back that stand in flagrant breach of our support agreement stating there will be no support plan?

WE'VE BEEN FORCED TO LEAVE FACEBOOK FOR TWO MONTHS (SEE NEWER POST)

DAY 271 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).

Mayor of London Sadiq Khan

Andrew McCarthy, Head of Quality and Information Security at the Mayor of London-commissioned St Mungo's, finally removed on 23 September 2020 slanderous and defamatory information about Declan from their database. However, McCarthy has not removed 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 gross inaccuracies, and that add to the destabilisation of our tenancy. St Mungo's actually go so far as to allege in these documents that Declan is not working, which they know to be false. As well as the principle of lawfulness, there are also under the General Data Protection Regulations the principles of fairness, transparency, accuracy and data minimisation to be complied with by the data controller in the processing of personal information. The Information Commissioner's Office (ICO) has requested and received a substantial amount of information in this case. Earlier this week Declan responded to ICO Lead Case Officer Gillian Cartwright as follows:

9 February 2021

Ms Gillian Cartwright
Lead Case Officer
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Case Reference: IC-56856-H0Z8

Dear Ms Cartwright

Thank you for your email of 27 January 2021. In my form I complained that St Mungo's will not delete support plans that were processed (and the organisation may still be adding them) without my signature, knowledge or consent.

A distinction is being made between my request for erasure of support plans that are causing substantial distress and my request for erasure of highlighted statements in these documents that were particularly potentially harmful to me.

I enclose a copy of the following information you requested:

• A copy of the organisation's response to my request for erasure of 10 July 2020 (sent to me on 24 July 2020). This response relates to my request for removal of support plans and re-closure of the four support-related categories.

• A copy of the organisation's response to my request for erasure of 1 October 2020. This response relates to my request for erasure of the highlighted statement that was particularly potentially harmful to me.

• Copies of other emails I sent to the organisation complaining about their responses to my requests for erasure. These emails relate to my request for erasure of slanderous and defamatory information (initially declined).

• Copies of other emails they sent back, showing their complaints process has ended. These emails relate to my query about their use of a privacy notice to process support plans without the knowledge, consent and authority of the client.

I have complained to St Mungo's about their response to my request for erasure of support plans and given them the chance to put things right. This culminated in my request for erasure of 1 October 2020 referred to in the second bullet above. As the email states, I have a support agreement that states there "will be no support plan".

Yours sincerely

Declan Heavey
Managing Director
Network for Church Monitoring

6 October 2020: Information Commissioner's Office tell Declan that they may make a decision without further information from him about the Mayor of London-commissioned St Mungo's. But the buck stops with the Parliamentary and Health Service Ombudsman. We no longer have pro se access to the courts

We no longer have pro se access to the courts

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.

4. This eviction matter previously came before District Judge 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.

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 11/02/21)[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

For months we experienced an almost total blockade of our emails to prominent space advocates anywhere in the world (only the latest 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 because, we assume, of the pandemic that is still raging in America. 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

TV interference: Seven days this month it's been 0% Signal Quality and three days in a row this week

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

From My Picks:

11 February: The Equality and Human Rights Commission have informed 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? (updated daily)

Our list of 288 Honorary Associates includes 17 Nobel Prize laureates, 11 US National Medal of Science laureates and 12 knighted professors notwithstanding the excessive targeting of these three categories of emails in particular.

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

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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Thursday, February 11, 2021

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