Topic: Refusing people allotments

[kt.]

An individual who put their name down for a plot has now come to the top of our waiting list.  The police have strongly advised against allocating this person a plot due to past and present occurrences involving this individual.  He is supposedly being kicked off another site for moving stolen goods in and out of the plot shed but I have no written evidence of this.

At the bottom of our application forms it reads "The council reserve the right to refuse an allotment without explanation". 

At out town council meeting, all except one agreed with the police,  where do we stand legally regarding this issue.  As a newly appointed allotment supervisor,  it is the first time I have come across this

[Uncle Joshua]

The bit at the bottom of the application ---  "The council reserve the right to refuse an allotment without explanation", is all you need legally to not give him/her a plot.

[Unwashed]

Allotments Act 1908 Section 28 (2) Rules under this section may define the persons eligible to be tenants of allotments...

So it looks like the council have some scope to make a rule to prevent this chap getting an allotment, but how would you phrase it?

I'm not sure that the council do actually have the right to refuse a service to someone without saying why.

[mat]

how will s/he know they have got to the top of the list?  ignore it till you have agreed how to deal with it?

mat

[elvis2003]

if in doubt,check it out with the council,they should be happy to advise
rach
x

[Baaaaaaaa]

If its a council decision, let the council write to him.

Dear Sir,
              We regret to inform you that your application for an allotment within the borough of ... has been rejected.

Love and peace,

Your friendly caring town council.

(PS you Council tax is now due, cough up, or go directly to jail)

[Unwashed]

Dear Sir, or Madam - it really doesn't matter to us, honest

Sorry, but we won't be letting you have an allotment.  We'd like to, obviously - as a council we're committed to equality of opportunity and we recognise that one-legged transgender born again hasidic rasterfarian albino conjoined vegetarian ex-army travellers like yourself are under-represented on the district's allotments, but we have to think of our other tenants and we see from your application that you intend brewing comfrey tea.

Yours, Wormwood (jnr. under-troll, Parks Dept.)

[OllieC]

I'd be very careful about what the police say - and I have good reason to say this. They twist things and tell half-truths and also make mistakes which you have to fight very hard to get corrected.

Does he have any actual criminal convictions? If not, you are discriminating against an innocent person.

[ChrisBro]

I'd be very careful about what the police say - and I have good reason to say this. They twist things and tell half-truths and also make mistakes which you have to fight very hard to get corrected.

Does he have an actual criminal convictions? If not, you are discriminating against an innocent person.

I agree with this whle hertidly not all police officers are bright, intelligent honest people :)

On the other hand though for them to get involved at this level with an allotment comittee  he must be causing some serious problems on his previous site, do you know where his previous site was? Maybe a phone call to them would clear the matter up?

From what you have said you are covered legally geeeessshhhh some people!!

Best of luck

Chris

[Bjerreby]

I'd be very careful about what the police say - and I have good reason to say this. They twist things and tell half-truths and also make mistakes which you have to fight very hard to get corrected.

Does he have any actual criminal convictions? If not, you are discriminating against an innocent person.

Unfortunately, I must agree OllieC.

In my dark past I did a few bad things, but at least I own up. The police on the other hand gave very wrong evidence about me to the Magistrate, and what galls me is that the police evidence was simply taken as truthful, and I was assumed a liar fo contesting it.

I only hope the police have improved as much as I in the meantime.

[Mr Smith]

I'd be very careful about what the police say - and I have good reason to say this. They twist things and tell half-truths and also make mistakes which you have to fight very hard to get corrected.

Does he have any actual criminal convictions? If not, you are discriminating against an innocent person.

   Agree with that but then again I would find it very difficult if I had to ask him if I could borrow my rotovator, ;D

[Old bird]

Sorry - but if he is noted by the police for various stuff - he may not have been done for it - but if there is obviously more than a suspicion - then I would not want him on our plots.

Just as I have said no to an alcaholic refuge and a young offenders school!

Why should we tempt fate. 

The police have a fair bit more to do than go round warning councils not to give allotments to various people.  They must have cause to do this and it may not be connected directly with theft but may be a veiled warning about - say child abuse or some other nasty which the data protection act would not allow them to disclose to ordinary folk. If they cannot charge the guy but know he is a bad'un - why then should he be allowed to prove that he is a bad'un!!!

He certainly would not get a plot on any of our sites - too many good honest people wanting them to let to dodgy people!

How many people did that Shipman kill before he got found out - How many paedofiles are out there but we are not allowed to know - and probably rightly - are in your vicinity.  If the police give a warning about someone HEED IT - this is their way of providing a warning without actually saying something!

Ollie - everyone makes mistakes - I say yet again!!!

Old Bird

 :o

[Digeroo]

Is the advice from police in writing.  Surely you can give your reason for rejection as police advice.   Then if the person is innocent at least they know they need to  get the police records amended.

[OllieC]

They do Anne, and I can't even get a part-time job volunteering at the local hospital radio because of my poor choice of friends in the past!

You should see my (enhanced) CRB check - makes it look like I was hanging around with gangsters the whole time and selling wholesale quantities of drugs to cops. All over something where I was found not guilty by 12 normal people, in a unanimous verdict having considered all the evidence and not just the opinion of a few policemen. It is very biased and completely unfair, and unsurprisingly fails to quote the judge who said "The whole thing was a complete waste of time and never should have come before his court".

Despite being not guilty, my DNA is still on file and the same opinions are still used to hang me... It's also put a halt to any chance of becoming a teacher, which is what I was hoping to retrain as over the next couple of years now that the bottom's fallen out of the mortgage market...

Of course there are plenty of good policemen & women out there, but there are also fat, lazy, dog-cooking ones who think they're the only ones allowed to make a mistake. And they're screwing with my life.

[Robert_Brenchley]

If the Council are the ones agreeing that this person should not have a plot, and it's a Council site, then refer the matter to them to deal with. Otherwise, insist on having the police advice in writing, and warn them that you're going to give the person a copy. If they don't want to commit themselves to paper, assume it's dodgy.

Ollie, that's horrendous. If you were found not guilty that should be the end of it. Have you consulted a solicitor?

[macmac]

Hi Ollie as someone who has never knowingly broken the law I've encountered the the police in other circumstances, while several have been ok you have my sympathy as some are arrogant illeducated lazy.....I could go on and sadly my wonderful grandson wants to join them.Still i've got a few years to change his mind

[Mr Smith]

I can take on board what Ollie is saying about passed convictions, but the RoO act 1974 means absolutely sod all for the type of work Ollie is talking about or even jobs I have applied for and I have done nothing but only because of certain views I hold, I just hope all our fiddling  MP's fall into this category when they start to apply for jobs when they get the bullet at the next election, ;)

[OllieC]

Just to be absolutely clear, I was found not guilty. I have never been cautioned or convicted of any criminal offence, so Rehabilitation of Offenders is irrelevant to me - I'm not an offender! It took 3 weeks for the jury to hear all the evidence - so anything I or the police say can only ever be a biased summary. This is my problem with the police mumbling an opinion & it being used to make a judgement about someone...

[sazhig]

Seeing this kind of thing from the other end I would hope that tthis person was given the benefit of the doubt and offered a plot, especially as there appears to be no actual evidence that they have committed a crime....but I know that in reality chinese whispers and corruption are rife and if someone has decided you are a bad egg then you don't stand a chance  >:(

[Heartysoup]

Allotmenteers acting as judge and jury ?....that can't be right.