How do you serve an injunction against a nuisance plot holder?

[john9159]

I cannot go into detail but...
Our allotments are council owned but we formed a Society so as to manage our own affairs.
We have a plot holder who (is mentally ill and aged) is intruding onto other plots (digging without permission, dictating to plot holders and more!).
Our City Council allotment rules has a nuisance clause but these are so vague that they would still need the services of their legal department which would only drag things out for a long period.
The Society's own rules also has a "no intrusion onto other plots" rule without good cause but these are being ignored.
Is it for the Society to issue an injunction as an effort to prevent further intrusion?
In what form does this take?
How effective are they?
Or does the Council need to take responsibility?

Thank you

[golden14]

I would suggest the council would be your first and cheapest port of call. If you highlight to them that there policy is weak to non-existent then they will probably contact their legal department who at any hint of litigation against the council - and it would be against the council not the plot holder as they own the plots so it is down to them to sort it out, then they should be jolted into action. I very much doubt you take action against the plot holder yourselves, it would have to come via the council as they own the plots e.g. I cannot see how you can take out an injunction when the land is not under your ownership. For the record whilst I am not a lawyer I have spent 20 years in high level contracts management and to my mind clearly there is a third party issue at stake here.

[GMB27]

Although you do not own the land, you DO for the purpose of law have ownership while the land is under your control. So for instance, if your shed is damaged, fence broken, tools taken, vegetables dug up or damaged, or if you're being sworn at or threatened (just examples) the police will be able to visit your nuisance and advise him on his behavior at the very least. However trespass (you mentioned intruding on plots) is a civil offence BUT they will help you move him off your property. It may be worth mentioning to the council that you are considering speaking to the police. In my experience the council like to keep things 'in house' so this may get the ball rolling. Best of luck sorting this.

[golden14]

This maybe the case but when it comes down to ownership, if the man walks over your land then what rights do you have, by the time the police have come he may be long gone, and the police are hardly likely to ask him to move on just for walking over land, and you will have to have proof he did, and even then what action will the police take? A caution at best, as they will bounce this back say it's a civil issue and not their problem.
I still stay approach the council and mention "Legal action" and they will take some themselves rather than you sue them.

[GMB27]

Yes i did say in my first post that its a civil matter. But yes, the police will move somebody on for trespassing on your land, (obviously theyd need to be there or there would be nothing to move on from!) In doing so they are acting as an agent of the landowner and to prevent a breach of the peace ie an argument or fight breaking out if you tried ding this yourself. The reason i meantioned the police and listed those points is because John mentioned he 'could not go into details' suggesting theres more things to it, so it really does depend on the things he is doing to be a 'nuisance'.

[Nicola_D]

My partner works in a council as a community safety manager and deals with anti social behaviour and injuctions and stuff.

He said the best thing you can do is, if you believe the plot holder has mental health issues then contact your council's social sevices safeguarding team to make a safeguarding referral, they will then investigate the situation to see if any safeguarding intervention is needed due to his/her mental state of health.

Contact your local neighbourhood policing team if you think there is criminal damage - digging on other people's plots etc could be counted as criminal damage, taking or moving your stuff without permission may also be dealt with by the neighbourhood policing team.

If neither of these prove fruitful then try contacting your council's community safety team or anti-social behaviour team as they may be able to help.

Hope this is useful