Topic: duty of care

[shaun01]

dose any one know the legal aspects to (allotment associations) relating to the duty of care to plot holders and visitors.
local authority ,Ari, nsalg, encourage allotment associations to fund raise host events and such but when things go wrong who is liable,
the groups mentioned above show little support in setting up  associations,

the reason i am asking we have just hosted an event on our site and one member was herd talking in a sexual manner to a member of the community and this was reported to the site committee who has passed this information on to the council but got very little support ,   

[goodlife]

You cannot control how people behave or what they say all the time..and association cannot be hold responsible for from individual persons behavior..
Now if anybody is behaving in unwanted manner and it cannot be controlled at the time..it is matter of assaulted to prosecute the unsavoury character..and that should be reported by the person assaulted to authorities..e.g..police...solicitor...
But by all means if you feel there is enough backround evidence..member of the committee could have a private word with the person..but if it is carried as a official enquiry..it could turn nasty and this person could sue the committee..
This kind of situations are best dealt with by those who are experience with it.
We have something going on in our site..and that is what our committee has decided to do...
 

[davyw1]

The reason for no action is probably because the person to whom the remarks/suggestions were made to was not the one who made the complaint. If a person over hears others conversation and makes a complaint it is only hear say, it means nothing and has no standing,
The person to whom the remarks/suggestion were made should be asked to attend a committee meeting along with the person who made the remarks and find out just what was said before any further action be taken.
A lot of innocent people have been branded by someone not getting the right facts.

Example A young lad went home from school and told his mother some one in the school had HIV, after listening to the tale that he had heard, the headmaster talking to a teacher had "He has passed on HIV"
Mother storms off to school demanding that whoever it is that has HIV should not be at the same school as her child you have heard it all before.
When the irate mother was told the actual conversation was " My son has just passed his HGV" ????


 

[shaun01]

thanks for your input both of you ,
i don't want to go in to much but 1 other member has also complained to the committee regarding this chap he keeps touching her and has turned up twice at her home at 6.30 and 7.15 in the morning he has also made suggestions that she goes to  his shed where it is quiet ,i am stressed out over this and dammed if i don't and dammed if i do and something and it can not be proven as it is just an allegation until proved if i warn other members then it may be classed as something else then to protect the rest of the members

[davyw1]

Shaun, you are making a rod for your own back, for one what happens at her home is nothing to do with you this also applies at the allotment committee if this lady was bothered she would have reported it to the police at the very least they would have a talk with him about stalking as well as his comments.
My advice would be to keep out of it until a written letter of complaint is entered by the lady then inform her that it is a matter for the police and at this present  time and not the association.

[goodlife]

Yes Davy is right..
It is really tempting to "do the right thing" and help but you are putting yourself at risk if getting involved...
 

[shaun01]

thank s guys i hear what you are saying