Assault and bar in the Whitechapel Mission

This morning at 6.50am I was assaulted in the canteen of the Methodist-run Whitechapel Mission by a homeless woman … then at 9.30am the manager (she is the wife of the Director, Minister Tony Miller) informs Declan and me, in front of two police officers, that we are barred from the premises due to concerns about our safety.

We actually should have known something was up because last night at 10.30pm, while we were sleeping in the porch, two employees entered the office building by the porch (very unusual) and this morning one did the same at 5.05am, 15 minutes before we get up (a first).

Anyway, this homeless woman threw a full roll of industrial kitchen paper at me, one end of the cardboard tube hitting me above the eye. She had already, while I was waiting for Declan to come back from the washroom, pushed me against the wall, thrown a cup of coffee at my feet, called Declan and me all kinds of unmentionables and put her fist to my face and told me she was going to kill me. (A reason? Can’t think of one: I have never talked to her before!)

All of this happened just a few feet away from the kitchen counter, but did any of the kitchen staff take notice of this homeless woman’s shouts and anti-social behaviour? Apparently not. And this homeless was obviously emboldened by the carte blanche too, because the pushing against the wall and the throwing of the industrial roll happened right in front of a kitchen worker who had come out to mop up the coffee at my feet.

When we called into Bethnal Green Police Station, we were told to go back to the Mission and wait for police officers to turn up – which we duly did. After we gave a second account of the assault and a description of this particular homeless woman to two police officers in the manager's office, in came the manager to tell us that due to concerns about our safety she was barring us from the premises.

There was no changing her mind, not when Declan reminded her that there is no other place for us wash and change our clothes before 9.30am (we sell The Big Issue in Liverpool Street most weekdays from 7.30am to 9.00am), nor when he pointed out that the European Court of Human Rights has the Whitechapel Mission as our care of address.

I can see the writing on the wall: unless I bring Declan’s application to the European Court of Human Rights to a finish over the next few days (our introductory letter can be found here), more incidents like this are likely to occur. It raises the question, the Department for Work and Pensions can act as unlawfully as it pleases, but can we exercise our right to submit our case to the European Court?

Declan is not letting the barring go (he is now seeking re-admittance), and will write to Andrew Hind, CEO of the Charity Commission. This afternoon he sent this registered letter to Minister Miller:

Dear Minister Miller

Re:   CCTV footage (Crime ref: 4204886/07), bar and care of address

In reference to the assault on me in the canteen of the Whitechapel Mission on 17 February 2007 (Crime ref: 4204886/07), I hereby request your confirmation or otherwise that there is CCTV footage of the incident for a prosecution/conviction.

I enclose copy of letter of today’s date from the Dellow Centre confirming that I can use the Centre as a care of address, which was formally the Whitechapel Mission.

I also enclose copy of my letter and enclosures of 12 June 2007 to the head of the Methodist church in the UK, Rev Graham Carter, regarding harassment and intimidation in the Whitechapel Mission.

I can confirm that this morning my wife was assaulted in the canteen of the Whitechapel Mission and, with two police officers from Bethnal Green Police Station present, my wife and I were barred by your wife, Mrs Sue Miller, Whitechapel Mission Day Centre Manager.

I note that you run a website called “Whitechapel Mission” (http://www.whitechapel.org.uk) and that off the homepage the “Latest Annual Review available” states the following:

Whitechapel is all about a promise – we promise that whatever mess your life maybe in, whomever else may have let you down, at 6am tomorrow morning our doors will open and you will receive a warm welcome. We will not bar you or exclude you. If your behaviour is not acceptable you will be asked to leave, but will be welcome back the next day.

I understand from Mrs Miller that my wife and I have been barred indefinitely from the Whitechapel Mission for our own safety because this morning I “grassed on a client” of the Mission, in what was described by PC Mussell (193 HT) as a “common assault and section 5 [of the Public Order Act 1986] public order offence”.

Yours sincerely

Declan Heavey

Encs

cc  Jerry Savill, Chief Superintendent, Bethnal Green Police Station
      Rev Graham Carter, President of the Methodist Conference
      Andrew Hind, CEO, Charity Commission

CCTV footage required for a prosecution/conviction

This morning Declan wrote to the head of the Methodist church of the UK, Rev Graham Carter, given his ongoing difficulties in having the homeless guy that assaulted him in the canteen of the Methodist-run Whitechapel Mission on 17 February prosecuted. This is his letter:

Dear Rev Carter

Re:  Harassment and intimidation in the Whitechapel Mission

Further to my letter and enclosures to you of 19 May, please find enclosed copy of my cover letter of 8 June to Chief Superintendent Jerry Savill of Bethnal Green Police Station regarding my request under the Data Protection Act 1998 for a copy of the statement that was written by Detective Constable Alexander Head on my behalf in Bethnal Green Police Station on 27 April in relation to the assault on me in the canteen of the Whitechapel Mission on 17 February.

I can confirm that in the absence of an update, this letter to CS Savill will be forwarded with its enclosures to the European Court of Human Rights in Strasbourg as part of my application against the UK establishing violation, inter alia, of Article 3 (the prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights.

On 9 May, I met with DC Head in Bethnal Green Police Station for a crime report update in respect of the assault on me on 17 February. As stated in my letter to you of 10 May, DC Head advised that he had spoken with the Director of the Whitechapel Mission, Minister Tony Miller, who confirmed that he was aware of what took place and the name of the suspect. On 10 May, as stated in my letter to you of 11 May, DC Head left a voice message for me (see transcript attached), wherein he states:

... I’ve spoken to Sue and Tony. They have stated to me they have spoken to all their staff members. None of them can remember an incident involving yourself taking place. Whether that is the case – whether they just do not want to come forward and speak to police, that probably sounds like the more reason behind itself.

I reconfirm that in light of the fact that no longer can any of the staff of the Whitechapel Mission remember an incident involving me taking place, CCTV footage of the assault on me in the canteen of the premises on 17 February is required for a prosecution/conviction.

As first stated in my letter to you of 5 May, Minister Miller advised me on 1 May that in a matter of days I would be in receipt of a letter from the management of the Whitechapel Mission in response to my allegations of harassment and intimidation in their premises. Please note that I am in receipt of no such letter to date.

Yours sincerely

Declan Heavey

And this is the letter to the CS Savill of 8 June:

Dear CS Savill

Re:  Request for information (Crime ref: 4204886/07)

I refer further to the enclosed copy of MPS (Metropolitan Police Service) Refusal Notice of 15 May 2007 in respect of my request to you of 5 May 2007 under the Freedom of Information Act 2000 for the following information:

Copy of the statement that was written by Detective Constable Alexander Head on my behalf in Bethnal Green Police Station on 27 April 2007 in relation to the assault on me in the Whitechapel Mission on 17 February 2007.

I also re-enclose copy of my Subject Access Request form (3019a) of 21 May 2007 under the Data Protection Act 1998, which I forwarded to you on 21 May 2007 with postal order for £10 and proof of identity, as requested. Please note that this Subject Access Request includes the following attachments:

(i) chronology from 19 February 2007 to 27 April 2007 in respect of my efforts to have my statement taken;

(ii) copy of the statement I handed to DC Head on 27 April 2007, some of which he transcribed verbatim;

(iii) copy of my letter and enclosures of 19 May 2007 to the head of the Methodist church in the UK, Rev Graham Carter regarding harassment and intimidation in the Whitechapel Mission.

I note from the aforementioned Refusal Notice of 15 May 2007 that it may take up to 40 days from receipt of my completed application of 21 May 2007 to process my request.

Yours sincerely

Declan Heavey

I am still working quite hard on Declan’s application to the European Court of Human Rights – following the lodgement of his case to the Court on 18 May by introductory letter – and not surprisingly there are plenty of highlights of the week. Here are some: Declan is handed two burnt toasts with his breakfast of cereal and coffee, and then told they can’t be replaced because he has just handled them (Thursday at 9.45am in the Sisters of Mercy-run Dellow Centre); my Big Issue pitch by Liverpool Street Station is taken out by a distributor for an escort service (Thursday from 12.30pm to 2.00pm at the George Pub); Declan has to speak with the deputy manager for a 60p refund on six lost prints (Saturday at 4.00pm in the Idea Store Whitechapel library); a homeless spills a full cup of milk over my (new) jeans, (new) bag and jumper without apology (this morning at 6.05am in the Whitechapel Mission).

The serious difficulties with Declan’s Big Issue pitch by Liverpool Street Station (at McDonalds) are far from resolved but he is waiting for The London Paper to involve themselves again before bringing the matter to the attention of the chair of the Board of Trustees of The Big Issue, and then the Charity Commission.

Court denies access to case file

Last Friday Declan received a letter of reply of 15 May from Lynne Knapman, Head of the Administrative Court Office in London’s High Court.

Despite Declan’s three requests to date, she is neither giving him access to the case file nor copy of this letter from the Department for Work and Pensions which was referred to by Mr Justice Walker in his dismissal of Declan’s application for judicial review on 11 December and, by inference, Lord/Lady Justice Scott Baker in their rejection of his application to the Court of Appeal for leave to appeal – a letter we have never seen, which allegedly makes out that the termination of our unemployment benefit because Declan did not “sign on” was a mistake, but that there is another good reason (unknown to us) for the termination of payment.

Anyway, this is Knapman’s letter of reply of 15 May signed by Philip Lewis of the Administrative Court Office (Declan’s letter to her of 3 May can be seen here):

Dear Sir

Thank you for your letter date 3rd May 2007.

First of all, can I apologise for the misunderstanding that occurred on receipt of your letter dated 18th April 2007. This was due to an unintentional error on my part and I apologise for any delay that has arisen because of that.

Because this matter has been closed in the Administrative Court Office since 11th December 2006, the court file was ‘broken up’ in order to allow ease of storage due to the sheer volume of cases that we have. Once a file has been broken up, it contains documents key to the claim, such as the claim form, any acknowledgments of service and grounds of defence supplied by the defendants or other parties. Because of this, unfortunately, the court file does not contain a copy of the letter which you are asking for.

May I suggest you contact the Department of Work and Pensions directly to ask for a copy of this letter?

Once again, my apologies of any delay that has arisen.

Thank you.

Yours faithfully

Phillip Lewis
Administrative Court Office, Issue Section

It was going to take something special to match that letter but, by an astonishing coincidence, on the same day that Declan received Knapman's reply, he also received a letter of reply of 15 May from Chief Superintendent Jerry Savill of Bethnal Green Police Station advising him that his second request under the Freedom of Information Act 2000 for a copy of the statement Detective Constable Alexander Head took on 27 April into the assault on him in the Whitechapel Mission on 17 February, fell foul of the Act. According to the Metropolitan Police Service, this Freedom of Information Act “does not confer the right to access your own personal information.”

To obtain a copy of the statement DC Head took on 27 April, he had to re-apply under the Data Protection Act 1998 by completing their form 3019A and paying a fee of £10. Now it just so happens that Declan’s first request to CS Savill of 27 April was under the Data Protection Act 1998, but he never received a reply. Oh, and the whole process may now take up to 40 days!

It’s certainly hard to find the rationale behind the delay in getting a copy of this statement from the Metropolitan Police, if not in the context of Declan’s application of 18 May to the European Court of Human Rights, which cites violation, among others, of Article 3 (the prohibition of inhuman or degrading treatment or punishment) of the European Convention on Human Rights.

For the record, this is Declan’s registered letter to Savill yesterday:

Dear CS Savill

Re:  Request for information (Crime ref: 4204886/07)

I refer to the enclosed copy of your letter of reply to me of 15 May 2007 signed by Mr Saeed Yusuf, Information Manager in connection with my request of 5 May 2007 under the Freedom of Information Act 2000. In my letter of 5 May 2007, I requested the following information:

Copy of the statement that was written on my behalf by DC Alexander Head in Bethnal Green Police Station on 27 April 2007 in respect of the assault on me in the Whitechapel Mission on 17 February 2007.

As requested, I hereby re-apply for this information by making a Subject Access Request under the Data Protection Act 1998. Please find enclosed a completed form 3019A together with a) chronology in respect of my efforts to have my statement taken, b) copy of the statement I handed to DC Head on 27 April 2007, some of which he transcribed verbatim, and c) copy of my letter and enclosures of 19 May 2007 to the head of the Methodist church in the UK, Rev Graham Carter regarding harassment and intimidation in the Whitechapel Mission.

I also enclose a £10 postal order made payable to “The Metropolitan Police Authority” together with a) copy of the inside back cover of my passport showing full name and date of birth, b) copy of letter of 24 November 2006 from St Mungo’s confirming that my wife and I have been verified as rough sleepers, and c) copy of my contract of 15 December 2006 for using the Whitechapel Mission as an address for mail.

I confirm that I am currently a rough sleeper.

Should you have any further inquiries concerning this matter, please contact me on 077 9284 3167 or at the address at the top of this letter.

Yours sincerely

Declan Heavey

cc  Sir Ian Blair, Commissioner of Police of the Metropolis (by registered post – with enclosures herein referred to)

Yesterday afternoon my pitch outside Liverpool Street Station – where I sell The Big Issue every week day – was virtually put out of action by a guy, less than three metres away, harassing passers-by to take a copy of the free tabloid The London Paper (a first since I started selling The Big Issue over six months ago). On the other side of me, about 10 metres away, I had a guy handing out the free London Lite (at his usual spot) and in front of him another guy doing the same with The London Paper.

Will The London Paper become a regular feature at both sides of my pitch? Passers-by during evening rush hour may not wish so, but then again the Bishopsgate City of London police may well have other ideas. A clue as to what are their intentions might be provided by the fact that yesterday afternoon the girl who usually hands out the London Lite a few metres away from Declan’s pitch, tried her best to run a number on him too.

You would be forgiven for thinking that as Britain has ratified the European Convention on Human Rights (although it has not yet ratified protocols containing substantive rights: what does that tell us?), the Government would let applicants get on with the job of presenting their case to the European Court in Strasbourg – apparently not.

Letter on behalf of the trustees of the Methodist Church in Tower Hamlets

Last Thursday Declan received a letter from Superintendent Minister Peter Powers on behalf of the trustees of the Methodist Church in Tower Hamlets regarding the harassment and intimidation Declan is being subjected to in the Whitechapel Mission – some of which I report in this blog almost all the time. This is the letter (my favourite bit is at the end, where he says he is simply saddened by Declan’s “cynicism”):

Dear Mr Heavey

Thank you for your letters of 24th & 28th April and many enclosures. Although you have not actually asked for response to me I have noted the contents of your letters.

I have spoken to Mr. Tony Miller, Director of the Whitechapel Mission and he has assured me that every care possible is taken of all those who work or volunteer at the Mission as well as those who visit the Whitechapel Mission. This is as I would expect.

It is indeed unfortunate that you feel you have been subject to “harassment and intimidation” whilst using the Whitechapel Mission’s services, although I note that your difficulties seem to be with one particular other person who also uses the Mission’s services rather than with any staff or volunteers. Obviously we cannot control the actions of everyone who comes to use the Whitechapel Mission and any incidents of assault should be reported to the police, which it seems you have already done. I cannot comment on the actions or response of the police in this matter that is for them.

The work of the Whitechapel Mission is part of the Methodist Church help offered to the some of those in most need in society. We see it as part of our Christian faith to help those in need if we can. The services provided by the Whitechapel Mission are open to anyone who comes, both those who are homeless, such as yourself, and those who are vulnerably housed in insecure or temporary accommodation. I see that in addition to the showers and breakfast offered you also use the postal address service provided by the Mission.

I note that you run a blog on the internet called ‘Network of those Abused by Church’ (http://network-of-those-abused-by-church.blogspot.com/). What I find interesting is the fact that you appear to run an organisation that calls for the separation of church and state and for public policies that are based on secular principles, not religious doctrine. You seek the “scientific, rational examination of religion to protect future generations from the ignorance so often fostered by religion hiding behind doctrinal smoke screens”. Clearly you have some issues with the Church and yet it is the Christian Church, not the secular state that seems to be offering you support and help. In fact, it is many of the secular institutions that you appear to have problems with and continue to cause difficulties for you. Can I point out that the Whitechapel Mission raises all its own funds for the work it does and receives no state funding whatsoever. It simply saddens me that your cynicism can’t actually see beyond the smoke screen you appear to have made for yourself.

Yours sincerely,

Rev. Peter Powers
On behalf of the trustees of the Methodist Church in Tower Hamlets

Cc. Mr. Tony Miller, Whitechapel Mission
      Rev. R. Graham Carter, President of the Methodist Conference

Rev Powers should perhaps be informed that the director of the Whitechapel Mission, who he refers to as “Mr” Tony Miller, is, er, a minister – how do I know that? I looked him up on the internet. There are other things he also gets wrong, like the showers and the breakfast he says we use in the Whitechapel Mission.

Take showers. Declan has never showered in the mission because men shower communally. There is one shower in the women’s washroom, which I would be using if it wasn’t for the fact that there has been no hot water since 22 April (a first), at least not from 6.00am to 6.35am.

Take breakfast. After narrowly escaping being assaulted for the second time on 16 April – he brought it on himself for not talking to the homeless that visit the premises, was the view taken by the kitchen worker who intervened – he left the table with our bags to a chorus of derisive shouts and laughter from homeless about the canteen. Since that most pleasant experience, we don’t sit at a table anymore. We wash (bringing our bags with us to our respective washrooms); have a coffee standing up; and by 6.50am we are out – breakfast doesn’t kick off until 8.00am, seven days a week.

Anyway, on Thursday and Friday Declan wrote to the head of the Methodist Church in the UK, Rev Graham Carter on the subject of all the harassment and intimidation in the Whitechapel Mission, which is on-going. This is the second letter, sent by registered post (Carter's letter to Declan of 20 April can be seen here):

Dear Rev Carter

Re:  Harassment and intimidation in the Whitechapel Mission

I refer further to the enclosed copy of your letter to me of 20 April and re-enclose copy of letter to me of 8 May from Superintendent Minister Peter Powers on behalf of the trustees of the Methodist Church in Tower Hamlets regarding the above.

I also re-enclose copy of my letter and enclosures of 5 May to Chief Superintendent Jerry Savill of Bethnal Green Police Station requesting in pursuance of section 8(1) of the Freedom of Information Act 2000, a copy of the statement that was written on my behalf by Detective Constable Alexander Head in Bethnal Green Police Station on 27 April in respect of the unprovoked assault on me in the Whitechapel Mission on 17 February.

I reconfirm that on 16 April I narrowly escaped being assaulted for the second time in the Whitechapel Mission. On this occasion, as first stated in my letter to you of 17 April, the kitchen worker who intervened took the view that it was my fault for not talking to the homeless that visit the premises. (That this was the view taken, would be evident from CCTV footage.)

Although I was informed by the manager of the Whitechapel Mission on 17 February that I enter the premises at my own risk, I remain adamant that this ought not to be the case. Again, I understand that if a visitor is invited onto the institution’s premises then a common duty of care will be owed by the institution to the visitor. This is to ensure that the visitor will be reasonably safe in the premises for the purposes for which he has been invited or permitted.

On 9 May, I met with DC Head in Bethnal Green Police Station for a crime report update in respect of the assault on me on 17 February. As stated in my letter to you of 10 May, DC Head advised that he had spoken with the Director of the Whitechapel Mission, Minister Tony Miller, who confirmed to him that he was aware of what took place and the name of the suspect, but not that the canteen worker who intervened will be a corroborating witness, nor that there is CCTV footage of the assault.

Yesterday morning, DC Head left a voice message for me (see transcript attached) stating that he has spoken again with Minister Miller, who confirmed to him that there are no corroborating witnesses, but not that there is CCTV footage of the assault.

As first stated in my letter to you of 5 May, Minister Miller advised me on 1 May that in a matter of days I would be in receipt of a letter from the management of the Whitechapel Mission in response to the questions raised herein. I can confirm that I am in receipt of no such letter to date.

Yours sincerely

Declan Heavey

And this, the transcript attached:

Crime Ref: 4204886/07

Voice message of 10 May (11.03am) from DC Alexander Head of Bethnal Green Police Station
_______________________________________________________________

Good morning, Declan. It’s Alex speaking from Bethnal Green Police Station. Just to let you know – I’ve spoken to Sue and Tony. They have stated to me they have spoken to all their staff members. None of them can remember an incident involving yourself taking place. Whether that is the case – whether they just do not want to come forward and speak to police, that probably sounds like the more reason behind itself. So I’ve updated the crime in regards to that. Obviously we now have no corroborating evidence, unless yourself can get any further regarding writing your letters, and such like. What I’m going to do is – the crime is completely updated with what has taken place and our meetings and everything else. What I will do is, just for the time being – is close the crime, but it can be re-opened if anything else comes to light and we can have corroborating evidence to try and take this to court. Thank you very much. If you want to give me a call back, that’s fine – or if you want to come in, it’s not a problem either. Thank you very much. Bye bye.

So, case closed, more or less. How nice! Anyway, now that it looks like the Whitechapel Mission is not being too cooperative on the prosecution front, a decent interval may have to pass before there is an attempt to assault Declan in the place again. Which can only mean that all eyes are now on the only other place where an assault can take place: the porch. Well, wasn’t I dragged from the porch while sleeping on 5 May, only to be kicked in the back a few hours later?

Finally, these are the highlights of the week: a cleaner leaves the building by the porch a few minutes after we arrive, blowing the porch alarm on her way out (Wednesday, alarm blows 8.15pm – 8.30pm); a guy with a friend wakes us up to ask if Declan’s sleeping bag is his – only leaving after I tell him twice quite aggressively, “Do you mind? I am sleeping” (Thursday at 10.30am); an ill-mannered homeless mutters that he and his friends are going to have us sorted out after Declan wouldn’t give him some of his shaving cream (this morning at 6.10am in the Whitechapel Mission washroom).

Seventh visit by the police

Two nights ago we received our seventh visit from the police – this time by a not very friendly female police community support officer. After the usual how long have you been sleeping in the porch, she only had two other questions before walking away abruptly: where do you put your bags at night; and have you ever been robbed.

Then, as we were bedding down, a total of four homeless passed by the porch within minutes of each other – Declan recognised them from the Dellow Centre and the Whitechapel Mission. (This morning at 5.10am a rough looking character approached us while we were packing to leave, asking for the direction to somewhere while at the same time eyeing our bags. Would he have run off with a bag if he had had the chance? I think so.)

This visit from the police wouldn’t have been related to Declan’s appointment the next morning with Detective Constable Alexander Head in Bethnal Green Police Station to have his statement taken in relation to the assault on him by a homeless guy in the Whitechapel Mission on 17 February – when he was punched twice in the face in an unprovoked attack. No, of course not. That would be what - thuggery?

You may ask why DC Head would take Declan’s statement now, when Declan wasn’t given the time of day for almost two and a half months (see below for chronology in respect of Declan’s efforts to have his statement taken). Enter Rev Graham Carter, head of the Methodist Church in the UK.

Carter wrote to Declan on 20 April in reply to Declan’s letter to him of 17 April (see blog of the next day) regarding harassment and intimidation in the Methodist-run Whitechapel Mission. In his letter, Carter says that the allegation of assault is being dealt with by the police and it is, therefore, not possible for him to comment on it. It would be our contention that the police then had to do just that – deal with it.

Anyway, this is Carter’s letter of 20 April:

Dear Mr Heavey

I acknowledge receipt of your letter of 17th April regarding your allegations of harassment and intimidation in the Whitechapel Mission.

Clearly the allegation of assault is being dealt with by the police and it is, therefore, not possible for me to make any comments on this. Your other allegations are most appropriately dealt with locally by those responsible for the running of the Whitechapel Mission, either the Management Committee or the Trustees, and I advise you to take up your concerns with them.

With all good wishes,

Yours sincerely,

Revd R Graham Carter

And this is the letter Declan sent by registered post this morning to Rev Peter Powers, Superintendent Minister for Tower Hamlets:

Dear Rev Powers

Re:  Harassment and intimidation in the Whitechapel Mission

I refer further to the enclosed copy of letter to me of 20 April from Rev Graham Carter, President of the Methodist Conference of Great Britain.

I also enclose copy of my letter and enclosures of 27 April to Chief Superintendent Mark Simmons of Bethnal Green Police Station regarding the unprovoked assault on me in the Whitechapel Mission on 17 February (Crime ref: 4204886/07).

I reconfirm that on 16 April I narrowly escaped being assaulted for the second time in the Whitechapel Mission. On this occasion, as stated in my previous letter to you of 24 April, the kitchen worker who intervened (Tony) took the view that it was my fault for not talking to the homeless that visit the premises. (That this was the view taken, would be evident from CCTV footage.)

Although I was informed by the acting manager of the Whitechapel Mission on 17 February that I enter the premises at my own risk, I remain adamant that this ought not to be the case. Again, I understand that if a visitor is invited onto the institution’s premises then a common duty of care will be owed by the institution to the visitor. This is to ensure that the visitor will be reasonably safe in the premises for the purposes for which he has been invited or permitted.

Kindly note that yesterday morning I was informed by Detective Constable Alexander Head of Bethnal Green Police Station that the Metropolitan Police have been informed by the management of the Whitechapel Mission that there is no CCTV footage of the assault on me on 17 February available from the camera covering the canteen area.

Yours sincerely

Declan Heavey

cc  Rev Graham Carter (by registered post – with enclosures herein referred to)

The enclosure referred to in paragraph 2 of above letter is Declan’s letter yesterday to Chief Superintendent Mark Simmons requesting under the Date Protection Act 1998 a copy of the statement taken by DC Head (some of which quoted verbatim the statement Declan handed in to Bethnal Green Police on 19 February). In this letter to CS Simmons, Declan enclosed the following chronology in respect of his efforts to have his statement taken:

19 Feb - 9.30pm, 1st visit to Bethnal Green Police Station. Hand in statement of 19 February for the attention of Police Constable Richard Bentley. Told PC Bentley will phone me to have my statement taken by him.

21 Feb - 10.00pm, 2nd visit to Bethnal Green Police Station. PC Bentley on his holidays. Told PC Calabrese of Limehouse Police Station will phone me to have my statement taken by her.

23 Feb - 11.30am, 1st phone call to Limehouse Police Station. Told to phone on 26 February for PC Calabrese.

26 Feb - 6.15am, 2nd phone call to Limehouse Police Station. Told to phone at 7.00am for PC Calabrese.

- 7.15am, 3rd phone call to Limehouse Police Station. Told to phone control room.

- 7.20am, 4th phone call to Limehouse Police Station - Control Room. Told I will be phoned back immediately. (No call.)

- 7.25am, 5th phone call to Limehouse Police Station - Control Room. Told PC Calabrese will phone me.

- 8.30pm, 1st phone message from Limehouse Police Station. Asked to phone Detective Constable Alexander Head of the Beat Crime Unit to have my statement taken by him.

27 Feb - 7.30am, 6th phone call to Limehouse Police Station - Beat Crime Unit. Told to phone at 9.00am for DC Head.

- 9.00am, 7th phone call to Limehouse Police Station - Beat Crime Unit. Speak with DC Head. Told he will phone me to have my statement taken by him.

1 Mar - 7.00pm, 2nd phone message from Limehouse Police Station. PC Bentley says he is to arrest suspect, after which he will phone me to have my statement taken by him.

23 Mar - 5.30am, 8th phone call to Limehouse Police Station. Request crime report update. Told update not available over the phone.

- 7.00am, 3rd visit to Bethnal Green Police Station. Request crime report update. Told report includes letters to me from DC Head of 26 February and 9 March, neither of which I received. Asked to call back at 8.00am for phone call to DC Head to have my statement taken by him. (7.30am, Whitechapel Mission issue letter stating no letter arrived for me since 20 January.)

- 8.00am, 4th visit to Bethnal Green Police Station. Asked to phone DC Head between 10.00pm and 6.00am.

24 Mar - 5.30am, 9th phone call to Limehouse Police Station - Beat Crime Unit. Told DC Head will phone me.

26 Mar - 12.30pm, 1st registered letter - DC Head. In reference to chronology to 26 March, I request (1) copy of the letters of 26 February and 9 March, and (2) appointment to have my statement taken.

29 Mar – 1st letter from Bethnal Green Police Station. Acknowledgement of receipt of my letter to DC Head of 26 March. States DC Head will be responding to my letter "as soon as possible".

16 Apr - 7.30am, 5th visit to Bethnal Green Police Station. Request crime report update. Told last entry is station’s letter of acknowledgement of 29 March.

- 4.00pm, 2nd registered letter - Chief Superintendent Mark Simmons. In reference to chronology to 26 March, I confirm that my statement has yet to be taken.

- 4.00pm, 3rd registered letter - Commissioner of Police of the Metropolis Ian Blair. Enclose for the Commissioner’s attention copy of my letter and enclosures of even date to CS Simmons.

22 Apr - 7.30am, 6th visit to Bethnal Green Police Station. Request crime report update. Told last entry is station’s letter of acknowledgement of 29 March.

23 Apr - 10.00am, 4th registered letter - Commissioner Blair. In reference to chronology to 26 March, I confirm that my statement has yet to be taken.

25 Apr - 9.00pm, 1st phone message from Bethnal Green Police Station. DC Head says that he has moved from Limehouse PS to Bethnal Green PS. He requests that I phone him at the robbery desk to have my statement taken by him as soon as possible.

26 Apr - 7.00am, 7th visit to Bethnal Green Police Station. Told to call back at 9.00am for DC Head.

- 8.30am, 8th visit to Bethnal Green Police Station. Not known when DC Head will be on duty. Told DC Head will phone me.

- 9.15am, 1st phone call to Bethnal Green Police Station - Robbery Desk. Get voice-mail. Confirm that I wish to have my statement taken as soon as possible.

- 1.55pm, 2nd phone call to Bethnal Green Police Station - Robbery Desk. Get voice-mail. No message.

- 1.57pm, 3rd phone call to Bethnal Green Police Station. Told to phone robbery office for DC Head.

- 2.00pm, 4th phone call to Bethnal Green Police Station - Robbery Office. Told to phone back in 30 minutes for DC Head. (I confirm that my phone will be on for DC Head to phone.)

- 2.30pm, 5th phone call to Bethnal Green Police Station - Robbery Office. Told to phone back in 20 minutes for DC Head. (I confirm that my phone will be on for DC Head to phone.)

- 2.50pm, 6th phone call to Bethnal Green Police Station - Robbery Office. Told to phone back in 20 minutes for DC Head. (I confirm that my phone has been on since 2.00pm, and will remain on for DC Head to phone.)

- 3.10pm, 7th phone call to Bethnal Green Police Station - Robbery Office. Speak with DC Head. Told he will take my statement on 27 April at 11.00am.

27 Apr - 11.00am, 9th visit to Bethnal Green Police Station. My statement taken by DC Head. Told suspect has yet to be arrested.

The harassment and intimidation in the Whitechapel Mission has been exacerbated by police delays in taking Declan’s statement – didn’t he have to call staff on 16 April to avoid being assaulted by a homeless? Step into a bus outside the establishment to escape being assaulted by, er, another homeless?

Finally, these are a few highlights from the week: the day that DC Head leaves a message on Declan’s mobile saying that he will take his statement and requests a return phone call to arrange a time, that night we are treated to an all-night blue flashing light from the porch alarm (Wednesday from 8.30pm to 5.30am); a homeless tries to get into confrontation with Declan and, when I brush him off, he pushes me and then rubs up against me (Monday at 9.10am, in the queue to enter the Dellow Centre); no hot water in the women’s washroom since last Monday, at least not from 6.00am to 6.35am – a first (Whitechapel Mission).

Will the ruling of a Lord Justice be unnecessary?

This morning Declan called into the Civil Appeals Office in the Royal Courts of Justice. He wanted to know primarily if there was some form he could fill out to expedite the matter of a Lord Justice’s ruling as to whether he can appeal Judge Walker’s decision of 11 December to dismiss his claim for judicial review of 24 August against the Department for Work and Pensions. Declan already filed an application for urgent consideration with his claim of 24 August – our situation must not had been deemed urgent enough at the time though. Apparently he can fill out another form that may speed things up.

Since Declan filed his amended appellant’s notice (to include transcript of judgment) in the Civil Appeals Office on 17 January, he has been assaulted twice, most recently last Saturday in the Whitechapel Mission when a homeless guy punched him twice in the face.

Not entirely satisfied with two punches, this homeless – Ali is his name – had a message passed on to Declan on Sunday to the effect that he is going to kill him outside the mission. How nice!

Yesterday morning Declan made a second visit to Bethnal Green Police Station to inquire as to when he can make a formal statement to PC Richard Bentley (823 HT), while I stayed in the mission with all our bags. He was told that PC Bentley, who dealt with Declan the morning of the assault, was on his holidays but that a PC Calabrese from another police station would phone Declan sometime next week with a view to making his written statement of 19 September formal.

When he returned to the mission who was there but Ali himself and his girlfriend. (PC Bentley had told Declan that the manager of the Whitechapel Mission confirmed that Ali had been barred.)

So, with PC Bentley on his holidays, Ali back in the Whitechapel Mission and the slow progress of our claim in the Royal Courts of Justice, perhaps a Lord Justice might not have to rule at all – Appellant deceased so to speak.

Declan’s statement to the police

Last night Declan and I delivered a typed statement to Bethnal Green Police Station for the attention of PC Richard Bentley (823 HT), who is investigating the assault on Declan by a homeless guy in the Whitechapel Mission last Saturday morning. Declan was given a crime reference number (4204886/07), and has now to be called to make the statement official.

Declan wrote the statement yesterday morning after the Dellow Centre let this homeless and his girlfriend do a laundry at the same time as us, which the two shouldn’t have because they have washing machines available to them in their respective local Salvation Army hostels.

This particular woman apparently set off one of the last fights that took place in the Whitechapel Mission on Sunday, 11 February after she shouted at some guy that her brother was going to slit his throat from ear to ear. (As reported in my blog, in all there were five fights that morning, the first two of which I witnessed.)

This is Declan’s statement:

Statement of Declan Heavey for PC Bentley (823 HT) re assault on 17 February 2007 in the Whitechapel Mission at 9.00am approx. Awaiting crime reference no.

I, Declan Heavey, a rough sleeper with my wife in the porch known as …, hereby declare that I was assaulted without provocation in the Whitechapel Mission, 212 Whitechapel Road on Saturday, 17 February 2007 by an individual called Ali by the mission staff, and herein referred to by that name.

At 9.00am approximately, I left the table I was sitting at (with four chairs connected to it, two either side) to get a cup of coffee for myself. My wife had already left to take a shower. At the back of my chair hung my coat and underneath I had one half of our belongings tied up.

I had no sooner left my chair when Ali moved from where he was and took my seat to talk with someone. I immediately returned to retake my seat before it might become more difficult to do so. Despite the non-confrontational manner with which I attempted to regain my seat, Ali accused me of being a “racist”. When I told him that he could have the seat and sought to untie the bags from the empty chair beside him, he stood up, pinning me between two tables and with my back to the wall.

He continued his loud and aggressive tirade about me being a racist, to which I continued to insist that he take the seat. As his tone became even more menacing, I looked over his shoulder for floor staff to come and cool him down. It was then that I received the first punch, to the right-hand side of my chin, with my hands down by my side. I had no sooner looked over his shoulder again for floor staff to intervene when I took the second punch, this time to my left cheek, my hands remaining down by my side. At this, a worker shouted, “Hey, hey!”

As soon as I could, I untied all the bags and moved them to the front of the canteen area to wait for my wife. Before she finished showering, the police arrived. PC Bentley (823 HT), having been introduced to me by the manager of the Whitechapel Mission, acknowledged from sight of my left cheek that I had been hit. I confirmed that I wished to press charges.

As I spoke with PC Bentley, his colleagues sought to arrest Ali, who had fled the building, apparently without his jacket. PC Bentley confirmed that he had been advised by the manager of the mission that Ali had been barred.

Yesterday, while I was shaving in the Whitechapel Mission washroom, a friend of Ali’s informed me that Ali wanted me to know that I would be killed by him outside the mission. I reported this to the manager of the mission as soon as I left the washroom.

Signed: ______________________           Dated: 19 February 2007