Disciplinary and Complaints Policy and Procedure

Introduction

In recent years, there have been persistent breaches of allotment rules by a small number of plot holders who act without respect for the rules or consideration for other plot holders.
The Committee has a duty to protect the legitimate interests of all plot holders. Accordingly, it has resolved to deal with breaches of allotment rules decisively and firmly.
To make the Committee’s approach clear and consistent, this document sets out …

  1. Allotment rules which are regularly breached
  2. A definition of Gross Misconduct, a breach of which is liable to result in the immediate termination of a tenancy
  3. The disciplinary procedure for dealing with breaches
  4. The Committee’s approach to complaint resolution

1. Allotment Rules That Are Regularly Breached

This is not a complete list of Allotment rules – those can be found in the WSAA Terms and Conditions and in various sections of the WSAA website. The rules set out below are those most frequently breached …
 Bonfires

  • Fires must not cause a nuisance (e.g. smoke or smell) to others
  • Always consider wind direction.  Our neighbours must not be affected by smoke
  • Fires must be attended at all times and extinguished if they become too smoky
  • Only dry woody material may be burned – no green waste, leaves, weeds, etc
  • Do not bring material onto the site to burn
  • Fires may only be lit as follows:
    • November–April: Dawn to dusk
    • May: First Wednesday after 4:00 PM
    • June, July, August: No fires allowed
    • September: First Wednesday after 4:00 PM
    • October: After 4:00 PM only

BBQs (Cooking or Heating Food/Water)

  • Use only smokeless charcoal or smokeless fuel – not wood
  • Any accelerant which causes smoke should not be used on fires
  • Minimise smoke and avoid cooking smells affecting others
  • Smoking food on site is not permitted
  • BBQs should be an occasional occurrence (maximum once a month)

Structures

  • Permitted structures: shed, greenhouse or polytunnel, fruit cages, and compost bins
  • Written permission is required before constructing sheds, greenhouses, or polytunnels
  • Decking, pergolas, treehouses, climbing frames etc are not allowed
  • A few chairs and a table are acceptable
  • An allotment should not be designed around entertaining, at the expense of cultivation

Quiet Sundays

  • No strimmers or similar powered tools are allowed after 12 noon on Sundays

Music

  • Playing music out loud is not allowed
  • Headphones must be used if listening to music

Hosting Large Gatherings

  • Social gatherings must be small and respectful
  • Allotments are primarily for growing, not entertaining

Water Use

  • Hosepipes may be used only if held in hand – they must not be left unattended
  • Sprinklers, irrigation systems, and hose-end feeders/diluters are forbidden
  • No plumbing systems connecting a standpipe to a sink or other fixture

2. Definition of Gross Misconduct

Gross misconduct means serious bad behaviour on the allotment.
Examples include:

  1. Theft: Taking produce, plants, tools, equipment, or materials from another plot or the association without permission.
  2. Damage or vandalism: Deliberately damaging any plot, crops, buildings, fences, gates, tools, machinery, or other property.
  3. Violence, threats, or abuse: Any physical assault, threatening behaviour, bullying, harassment, or offensive/racist language towards other plot holders, visitors, or association officials.
  4. Dangerous behaviour: Reckless use of tools, machinery, or chemicals, or starting fires without authorisation, in a way that puts people, crops, or property at risk.
  5. Serious breaches of health and safety: Ignoring safety rules or engaging in conduct likely to cause injury or harm.
  6. Illegal activities: Growing controlled substances, dumping hazardous waste, or any other activity prohibited by law.
  7. Persistent refusal to follow rules: Repeatedly and deliberately ignoring allotment regulations or lawful instructions from the association after being told to stop

This list is not exhaustive. Whether conduct amounts to gross misconduct will depend on the seriousness of the behaviour.

3. Disciplinary Procedure for Breaches of Rules

If the Committee receives an allegation which is capable of amounting to gross misconduct …

  • The Committee will investigate and, if proven, may terminate the tenancy immediately.

If the Committee receives an allegation which is not capable of amounting to gross misconduct …
The following staged procedure will be followed …
Stage 1 – First Warning

  • If a rule breach is established, a written warning will be issued (usually by email).
  • The warning will describe the breach and set out the action required.

 Stage 2 – Second Warning (Yellow Card)

  • If non-compliance continues or a further breach occurs, a second written warning will be issued.
  • This will reiterate the action required and note the seriousness of further breaches.

Stage 3 – Final Action (Red Card)

  • If breaches persist, the Committee may investigate under gross misconduct, para 7 (persistent refusal to follow rules).
  • The Committee may then:
    • Offer a final opportunity to comply, or
    • Terminate the tenancy with immediate effect

The Committee has a discretion on how to proceed at each stage and will consider:

  • The timeframe over which breaches have occurred
  • The seriousness of breaches
  • Whether the same rule was breached repeatedly

4. The Committee’s Approach to Complaint Resolution

i. Guiding Principles

  • Fairness – The member will know the case against them and be able to respond
  • Impartiality – Decisions will be evidence-based, not personal
  • Transparency – The process will be documented and explained
  • Proportionality – Any sanction will fit the seriousness of the issue
  • Confidentiality – Details will be shared only with those who need to know

ii. Receiving Complaints

  • Complaints must be made in writing (email or letter)
  • The Committee will log …
    • The date of complaint
    • The complainant’s name
    • A brief summary of the complaint

iii. Evidence Gathering

  • Collect relevant evidence: statements, photos, emails, recordings etc
  • Keep a record of the source and date of each item
  • Focus on facts, not speculation

iv. Notifying the Member (‘the Member’)

  • A written summary of the allegation will be provided
  • The Member will receive …
    • Full details or a fair summary (where anonymity applies)
    • A minimum 7 days to respond
    • The option to attend a hearing and give a spoken account and/or submit a written account

v. Anonymity Requests

  • Witnesses may request anonymity (e.g. for safety or privacy)
  • The Committee may grant anonymity in appropriate cases
  • If anonymity is granted …
    • The Member will be informed in advance
    • If requested by the Member, the Committee will follow up relevant questions with the witness
    • The witness’s identity will ordinarily be known to the Committee but kept confidential

vi. The Hearing 

  • A hearing will be held with at least four Committee members present
  • The hearing will normally be conducted in private
  • The Member may …
    • Attend and give a spoken account or a written account
    • Call witnesses
    • Bring a supporter or representative
  • The Member may be questioned by the Committee
  • Witnesses may be questioned by both sides
  • The Committee will deliberate in private

vii. Standard of Proof and Evidence Evaluation

  • The standard of proof is the balance of probabilities (“more likely than not”)
  • The Committee will …
    • Evaluate the reliability and strength of the evidence (first hand, hearsay, recording, photograph)
    • Evaluate the credibility and reliability of witnesses
    • Look for corroboration or contradictions
    • Consider other plausible explanations

viii. Outcomes & Sanctions
Under Rule 43, the Committee may take any steps it considers necessary.
Possible outcomes include …

  • No action
  • Warning letter
  • Temporary suspension (from activities or access)
  • Termination of tenancy (for serious misconduct)

ix. Record-Keeping

  • The Committee will …
    • Keep records of evidence, reasoning and decisions
    • Record mitigating factors
    • Ensure sanctions are consistent and proportionate
    • Store documents securely

x. Communicating the Outcome

  • The Member will receive a written outcome, including …
    • The decision
    • Reasons
    • Any right of appeal

Right of Appeal (Rule 46):
Members may appeal to an independent person or body, such as the Barnet Allotment Federation.

xi. Review of Procedure
This policy will be reviewed …

  • Every two years, or
  • After any major case