Will the Parliamentary and Health Service Ombudsman investigate the Information Commissioner's report into the processing of Declan's personal data by the Mayor of London-commissioned St Mungo's? The Commissioner's report poses a direct threat to his life

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 have still not been restored to their true size. I will be writing to them about this in due course.

DAY 301 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).

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

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

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.

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 13/03/21)

Declan and I are living in a Mayor of London's Rough Sleepers Initiative (RSI) designated property. Our landlord is Peabody Trust but we are tenants of the Clearing House, which is part of St Mungo's on behalf of the Greater London Authority (the properties are provided by housing associations such as Peabody). Four months into our tenancy, when a Housing First pilot ended, our support was transferred from the Single Homeless Project to the Tenancy Sustainment Team (TST) at St Mungo's. The Greater London Authority 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 like all other Clearing House tenants."

Andrew McCarthy, Head of Quality and Information Security at St Mungo's, finally erased on 23 September 2020 slanderous and defamatory information about Declan from their database. However, he has not erased 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 inaccuracies and outright falsehoods, and that add to the destabilisation of our tenancy. St Mungo's actually go so far as to allege in these support plans that Declan is not working, which they know to be false.

Elizabeth Denham, CBE is the UK Information Commissioner. We received on Wednesday the Commissioner's decision on Declan's complaint. According to the decision, St Mungo's can continue to process support plans for both of us without our participation because St Mungo's identified (substantial) public interest as the lawful basis for processing the information notwithstanding our support agreement. The right of erasure does not apply to personal information held with a lawful basis of public interest. Lyn Brown MP has agreed to provide Declan with a referral to the Parliamentary and Health Service Ombudsman for a final decision on the complaint. It will be part of our defence for a free legal aid solicitor in any eviction court that St Mungo's excessive and abusive use our personal data would likely leave us with no prospect of being housed (see "How have you been affected by what has happened?" in the complaint directly below).

Will the Parliamentary and Health Service Ombudsman investigate this complaint?

Mayor of London Sadiq Khan

On Monday Declan will send his completed complaint form to Lyn Brown MP for her referral to the Parliamentary and Health Service Ombudsman (PHSO ref: C-2030058). He will also copy St Mungo's CEO Steve Douglas, CBE into the email.

The details of your complaint

I am living in a Mayor of London's Rough Sleepers Initiative (RSI) designated property. I am a tenant of the Clearing House, which is part of St Mungo Community Housing Association (St Mungo's) on behalf of the Greater London Authority. Four months into my tenancy, when a Housing First pilot ended, my support was transferred from the Single Homeless Project to the Tenancy Sustainment Team (TST) at St Mungo's.

My complaint is about the Information Commissioner's decision that upholds how St Mungo's TST is processing my personal data. St Mungo's refuse to erase support plans that stand in breach of my support agreement (stating, inter alia, that there "will be no support plan"), that I never knew existed, that are riddled with inaccuracies and outright falsehoods, and that add to the destabilisation of my tenancy. In court papers in 2016, St Mungo's expressly validated my support agreement:

For the avoidance of doubt, as alleged by Mr Heavey, we do not admit that our Tenancy Support Team ("TST") model is "coercive". We try to provide support to individuals in a way that best suits their needs and wishes. When St Mungo's took over responsibility for providing support for Mr Heavey, we respected his wish to set out parameters for how we would work with him in a "support agreement".

It is the Commissioner's decision that St Mungo's TST can continue to process support plans without my participation because St Mungo's identified (substantial) public interest as the lawful basis for processing the information notwithstanding my support agreement. The right of erasure does not apply to personal information held with a lawful basis of public interest. However, data protection law dictates that St Mungo's can only rely on public interest as a legal basis for processing personal information if the processing is necessary. If St Mungo's could reasonably perform their tasks in a less intrusive way (such as through the continued use of case notes in this instance), this lawful basis does not apply.

I have repeatedly tried to stop this excessive processing of my personal data. On 21 October 2020, I wrote: "The undermining of my tenancy and me personally in this way is apparently of no consequence, and that is profoundly disturbing because it poses a threat to my life." On multiple such occasions and in various ways I have communicated to St Mungo's that this processing is causing me substantial damage and distress, whereas precisely the opposite impression is given in the Commissioner's report.

How have you been affected by what has happened?

The Commissioner's decision on my complaint 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. It is not reasonable that I should be faced with the prospect of having to constantly seek the rectification of false narratives based on misleading and harmful misinformation. Clearly, that is not a sustainable situation in a supported housing tenancy. Eviction from an RSI property would leave me wholly vulnerable and with no prospect of being housed with such data being held against me.

What are you hoping we can achieve?

I am respectfully requesting that the Parliamentary and Health Service Ombudsman upholds my complaint that St Mungo's could reasonably perform their tasks in a less intrusive way (such as through the continued use of case notes), and that therefore the lawful basis of public interest does not apply in the processing of support plans that for four years were not required at all. This then would result in the reclosure of four support related categories in accordance with my support agreement to ensure that excessive processing of my personal data is not conducted (data minimisation).

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 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

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.

At the end of last month, 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 on an on-off basis. 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 earlier 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.

Laptop interference: These past six weeks it's been cuts to 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 two weeks it's been an average 5 Mbps on Declan's primary laptop (6 Mbps today). With his secondary laptop, it's been an average 20 Mbps for days on end (21 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: Fourteen 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

UK Government Communications Headquarters (GCHQ)

From My Picks:

12 March: Pixsy (day 122): 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



Our list of 297 Honorary Associates includes 19 Nobel Prize laureates, 13 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. (This week we have 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