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

[Aberdeenplotter]

Take proper legal advice matey but try citizens advice first

[SarzWix]

I would suggest proper legal advice too. Although it does sound as if there have been enough rule breaches to warrant a termination of his lease. Were you trying to avoid that?

[ginger ninger]

I've not read it all, but you might find something of interest in here. Gardening Law. But I would seek proper legal advice before proceeding with any injunction. If he's mentally ill he'll be protected by The Mental Health Act 2007. And that would make it a whole different ball game.

[Ian White]

Tricky this one i would also say proper legal action and also i would inform the council of the actions you wish to take,has anyone had a word with him about this might save a lot of trouble

All the best,Ian

[jackie j]

We have a group of mentaly disabled people on our site but they come with a carer or two so any explaining can be done to them. They were walking across the plot next to them to get to the water instead of walking around, once it was explained to the lads ( nicely ) that they had to go round they did so.
Is he on his own or does someone come with him.