Page 42 - ALG Issue 1 2025

EASTERN
The Reclining Scarecrow
All summer by the climbing frame The smiling scarecrow with no name Carries out his tasks with ease Nodding in the gentle breeze
Hungry and unruly birds
Are treated to his harshest words Woe betide those naughty bugs Snails and beetles, ants and slugs Freedom grants he to the bees
To pollinate as much they please Others weed, dig, plant and sow He watches, marvels as things grow Carrots, lettuce, spuds and beans The biggest pumpkins ever seen
And once the harvest’s gathered in His smile becomes the broadest grin All his summer work is done
He rests, enjoys the autumn sun
John Barnett, Oakington & Westwick Allotment Society
SOUTH WEST
ALLOTMENTS AND THE
EQUALITY ACT
knowledge of this area of law and how it applies to allotments. Also, where examples from associations, who are actively applying it on their allotment sites, good practice should be shared. My contact details are
in the front of the magazine and on the website.
Refs.
https://www.equalityhumanrights.com/ equality/equality-act-2010 (chapter 12)
https://www.gov.scot/publications/ part-9-community-empowerment-scot- land-act-2015-allotments-guidance-local-au- thorities/pages/7/
Mark Joynes
SW Deputy Regional Rep
Editors Note: NAS members have access to initial legal advice on this issue (and others) via the members’ area of the NAS website. The Legal Advisor will provide a comprehensive article on how allotments are affected by the Equality Act in
Issue 2 2025.
I read with interest, and some concern the article in the last edition of the magazine (The Accessibility Gap-allotments for disabled gardeners). I hope that Tom’s experience would be unique, but I remember the comments, less than a decade ago, by the chair of our Town Council’s Allotments Committee: “Why
do we need to put in raised beds, no-one with a disability has ever applied for an allotment”. I suspect that, though that view is less frequently heard, and councillors are better informed about the Equality Act, there is no clear, consistent guidance on how to apply the Equality Act to allotments.
Traditionally, plotholders gave up when it became too much of a struggle to maintain their 10 rods or the non-cultivation warning letters ‘persuaded’ them to hand back the plot before the eviction notice came. From the conversations I have had with allotment officers and parish clerks, I know this is an area of concern. How should they deal
with this in a fair and reasonable manner, balancing the needs of the plotholder with other plotholders, concerned at a poorly maintained plot next to theirs and also those on the waiting list who see unused plots not being reallocated? This is not just an issue for sites managed by councils. Most allotment associations will come within the scope of the Equality Act as well,
(s.107(2)). How many of us have an Equalities policy? Do we consider the
Equality Act when making decisions for our association? For many of us, the only phrase we are familiar with is that of ‘making reasonable adjustments’. But what are ‘reasonable adjustments’ and are there any circumstances when it is inappropriate to make ‘reasonable adjustments’?
I looked on the NAS website and the only two relevant references I could find were in the leaflet ‘Toilet Options for Allotment Sites’ and in the developers guide,‘21st Century Allotments in New Developments’.We too have work to do.
I searched the internet for information
on how this Act applied to allotments in England and found little, though there were links to some allotment associations with comprehensive Equality statements.The best advice came from north of the border. The Community Empowerment (Scotland) Act 2015 specifically requires local authorities to provide reasonable access to allotments and allotment sites that it leases to tenants (s114). It also gives guidance
on what actions can be taken to improve access around an allotment site for people with impaired mobility and other physical disabilities.
This article has focused on physical disability but that is only one of the nine categories of ‘protected characteristics’ defined in the Equality Act that we need to consider in the day-to-day management of our allotment sites. I would love to
hear from any of our members who have
42 | Issue 1 2025 | Allotment and Leisure Gardener
Welcome to...
17 individuals
Bush Allotments
Bere Ferrers Parish Council
East Devon District Council
Gill's Cross Allotment Association Rutland Road Allotments Association