Friday, May 28, 2021

Eviction back to the streets a third time from a Mayor of London Rough Sleepers Initiative property is a massive assault on me. Not only am I likely to lose Declan to his health condition, but I am also likely to be left crippled following a torn meniscus that has had me using a crutch for months

DAY 377 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).

Mayor of London Sadiq Khan


Declan and I are living in a Mayor of London's Rough Sleepers Initiative (RSI) designated property. We expect that any time soon we will have lost our almost two-year battle to stabilise our tenancy. What started off bad has gotten a lot worse. We have been offered an appalling new tenancy by our landlord Peabody Trust and our support provider St Mungo's has and (to the best of our knowledge) continues to process behind our backs outrageous support plans. Although Peabody is our landlord, 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 explained: "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." There is more about the double threat our tenancy poses to Declan's life in the block below titled "We have no pro se (in person) access to the courts". He is a 60-year-old asthmatic with a long history of serious respiratory illness, thus placing him in the high-risk group for COVID-19 and other viral respiratory infections. I can't disagree when he tells me that eviction back to the streets a third time is a massive assault on me. Not only am I likely to lose him to his health condition in no time at all, but I am also likely to be left crippled following a torn meniscus that has had me using a crutch for months. Of course, it is self-evident that anyone who is looking at a 'no fault' eviction from a Mayor of London RSI property is in no position to move on. It's a nightmare situation, really. Who would have thought it?


I first tore the meniscus in my right knee last May and tore it again more severely last September. I still need a crutch to get around, even without a backpack for my shopping. Knee supports, crutches and creams... I have tried the lot. Having been referred by my GP to NHS Musculoskeletal Services, the earliest I can speak with a physiotherapist is in two months time over the phone.

We 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 have been updated today.

3. This is Day 377 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.

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.



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.



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


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.)

15 May: The Investigatory Powers Tribunal considered Declan's complaint and Human Rights Act claim, and concluded that it is obviously unsustainable. It has gotten to the point where sending and receiving emails is like playing in a casino

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:

An American perspective: "I read your powerful case against your weird landlord." In reference to the following blog post:

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?


Our list of 303 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 10:12 am