Declan's claim against the Mayor of London-commissioned St Mungo's has not been dismissed on the papers. We're waiting for a hearing date from the Central London County Court at the Royal Courts of Justice
I have looked at the long correspondence regarding your tenancy and clearly you have made a powerful case for the unconscionable behavior of the agency in control of your tenancy.
Donald A. Collins
Founder, International Services Assistance Fund
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 of this blog's sidebar under "Church and State" (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).
County Court at Central London, Royal Courts of Justice
Mayor of London Sadiq Khan
11 December: St Mungo's: Declan has filed in court his reply to an outrageous witness statement from this Mayor of London-commissioned charity. We are threatened with insurmountable debt just to get them to vouch over the phone that we are clients of theirs [1]
Paragraph 1 of Declan's reply to the St Mungo's witness statement reads as follows:
1. The Defendant's witness statement dated 27 November 2019, written by its Tenancy Sustainment Team (TST) Service Manager Ilyas Hussein, contains a series of false claims and omits and misrepresents key facts pertaining to its tenancy sustainment support. This in itself would indicate that the Claimant has a pleadable case against the Defendant which has some real prospect of success, and that the Defendant's request for costs is abusive and unjustified.
___________________________
[1] Paragraphs 11 and 12 relate to Active Newham (of Newham Council) and Newham Ability Camp, respectively.
Declan and I are housed in a flat that is part of the Mayor of London's Rough Sleepers Initiative. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. It has been acknowledged by the Greater London Authority in court papers that we can live independently – we do not have addictions or mental illness or behavioural issues. Our needs are solely related to the harassment, discrimination, intimidation and victimisation we routinely face. This is typified by the behaviour of St Mungo's during proceedings currently before the court. No sooner had Declan replied to an outrageous witness statement of a service manager than he received fabricated data against him the likes of which we have not encountered before from St Mungo's (and that's saying something). Earlier this week, Declan received the Judge's order of 14 January that the hearing of St Mungo's application to strike out his claim will take place on a date and time to be advised at the County Court at Central London with a time estimate of one hour. On 16 December 2019 Declan marked as urgent this email to the court manager about St Mungo's behaviour the week previous:
The Court Manager
County Court at Central London
Royal Courts of Justice
Address removed for email
BY EMAIL AND RECORDED POST
16 December 2019
Dear Sir,
Claim Number: F03CL589
Claimant: Declan Heavey
Defendant: St Mungo's
I wish to bring to the Court's attention a serious development in this case almost immediately following my filing in Court and service of Claimant's Reply to Witness Statement of Ilyas Hussein on 11 December 2019.
Three days later, on 14 December, I received the results of a subject access request from the Defendant. They are truly shocking, and by far the worst the Defendant has produced against me to date.
The support terms of my tenancy agreement have been broken by these support plans and other documentation, which have been used as vehicles through which to make, inter alia, serious allegations about me without any basis in fact. The support plans and related documentation also breach assurances the Defendant has given the Court and me in the past.
The support plans, which I never knew even existed, were drawn up by the Defendant on 20 February 2019 and redrawn on 19 November 2019 as an apparent set-up for the non-renewal of my tenancy by Peabody Trust in 5 months' time. They at the very least are completely inappropriate vehicles for the Defendant to vent its animosity and hostility towards me through the use of slander and falsehood. They also undermine and contradict mutually agreed upon case notes that are loaded on the system, raising serious questions about the credibility and reliability of the Defendant and the veracity of its claims.
I can confirm that I am in possession of a support agreement that specifically states that: "There will be no support plan." This support agreement was negotiated between the Defendant and me following the equivalent of an intervention by District Judge Silverman on 3 February 2016.
I respectfully ask that this matter of the results of my subject access request be included in my application to the Court for a declaration that the Defendant has acted unreasonably and in breach of duty towards me.
Yours faithfully,
Declan Heavey
cc: Batchelors LLP
Batchelors Solicitors are acting for St Mungo's.
https://www.batchelors.co.uk/
EU freedom for rough sleepers infringed - shock horror. https://t.co/RuJKrSEiTm
— Andrew Martin (@devonprof) May 14, 2018
From My Picks:
28 December 2019: We are fighting for our lives. We expect to be served an eviction notice in less than five months time should the Court uphold the complete withdrawal of the support we need from the Mayor of London-commissioned St Mungo's
What the issue in these court proceedings boils down to is whether the Court will decide that Declan and I should face the prospect of eviction back to the streets (a death threat) rather than St Mungo's take a call to confirm that we are clients of theirs, and that such a position is not harsh, unjust and unreasonable.
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