Declan Heavey’s skeleton argument

an email earlier in the day from the City of London Police confirming that his wife would be physically removed (without a court order) from where they had been sleeping for almost a year, and throughout the night if necessary.

24. The appellant argues in his application to the European Court of Human Rights concerning the interception of his communications and directed surveillance that the Investigatory Powers Tribunal’s conclusion of 1 September 2011 that his complaint and Human Rights Act claim was “obviously unsustainable” lacked credibility. Within two weeks of the appellant’s dispatch of his claim to the Tribunal on 10 August 2011, Facebook disabled his wife's account; their web host, SiteGround, twice blocked their IP address; their live-in landlady, human rights activist Ms. Belinda McKenzie, served them with backdated notice to vacate what has been their home since they came off the street on 13 July 2009; and their local housing authority, Haringey Council, left the appellant with the first of what has now amounted to a fourth £76.92 shortfall in rent to pay. The appellant was particularly aggrieved that the Tribunal dismissed his claim without calling additional evidence, which he had described in his complaint as “wide-ranging”, including third party witnesses.

25. The appellant does not believe that it is irrelevant that since he and his wife came off the street on 13 July 2009, they have been living in the same house that MI5 whistleblower Mr. David Shayler lived in for a couple of years, until around 2007 – nor, for that matter, that Ms. McKenzie has served them with backdated notice to vacate this property by the end of January 2012. According to the BBC, Mr. Shayler “caused the biggest crisis of official secrecy since the spy catcher affair”. Around 2007, Mr. Shayler changed his name to Delores Kane, declared himself to be Jesus, and became a squatter. A New Statesman article published in September 2006 featuring Mr. Shayler and Ms. McKenzie, titled “Meet the No Planners”, gives no indication that Mr. Shayler believed he was the Messiah at that time; whilst a Daily Mail interview with Mr. Shayler explicitly shows he believed himself to be Jesus by June 2007. He has never regained his normal self.

26. The appellant does not concede that his claim is “misconceived” (to quote Counsel for the Secretary of State for Work and Pensions), in that the decision by Highgate Jobcentre Plus on 13 September 2010 not to refer proposed variations to his JSAg to the Secretary of State for Work and Pensions provided him with no remedy under the 1995 Act for discriminatory practice by A4E, raising an important point of principle or practice, namely, no remedy for discriminatory practice. He once again respectfully requests that this decision not to refer proposed variations to his JSAg to the Secretary of State for Work and Pensions under section 10(5) of the 1995 Act be judicially reviewed. He submits that this decision, which he sought to have judicially reviewed in the claim giving rise to these proceedings, has proven itself to be wrong/inadequate in light of the escalating series of harassing and discriminatory acts by A4E notwithstanding the written intervention of the Minister for Equalities.

27. In addition to raising an important point of principle or practice (no remedy for discriminatory practice), the appellant also cites public interest as a compelling reason for the Court to hear his appeal. He considers that the manner in which private sector providers are allowed to exercise powers not granted to them under the 1995 Act to be a matter of public importance. It impacts on the public generally who will be anxious to ensure that they as a whole are properly protected by appropriate steps being taken by DWP/Jobcentre Plus. This is not simply a matter that generates interest or concern in the minds of the public but legitimately affects them in terms of their overall trust and confidence in the legal system and the protection which is Page 6 of 7