In arguably more enlightened countries, e.g. France, Non Assistance Of A Person In Danger is a criminal offence, punishable by a fine of up to seventy-five thousand euros, and or as much as five years imprisonment. In England and Wales on the other hand, the right of the Lord Of The Manor to have his day untroubled by the discovery of someone seriously injured on the pavement is apparently considered to be more important, and so he’s legally entitled to ignore such a person and their predicament.
What has this to do with allotments? The reader might ask. Well, during and following the recent unseasonably windy weather, a number of branches have fallen onto plots from trees growing on Council property, Llandaff Fields Park, and these could easily have harmed anyone who happened to be beneath. Furthermore, on inspection, it’s clear, that over time, many more branches will become likely to fall, owing to the poor health of these trees. A number of such incidents have been reported to PPAA Committee members, and it sometimes appeared that the messengers expected them to ensure that this danger is addressed and removed, and that having passed on their observations, they themselves were absolved of any responsibility, moral or otherwise, to do anything further.
The paid post holders of corporate or other entities are legally bound by a Duty Of Care to require them not to act negligently, in such a way as to endanger either the general public, other employees, customers, service users, or whomever. However, the unpaid volunteers of PPAA Committee aren’t such people, and are bound instead by only the same duty not to behave recklessly as binds every member of the public. That is, they’re generally no more empowered or responsible for the reporting of any danger to the relevant body than is anyone else, e.g. any other plot holder.
With particular regard to dangerous trees on Council land adjoining site, PPAA Committee members have reported them several times using either the public on line reporting form, or by email to Parks Parks@cardiff.gov.uk and in some urgent instances action was taken by the Council, but anyone else could equally have done this, and PPAA Committee enjoy no privileged position in this regard, nor responsibility under the Local Management Agreement to do so either. So it would be of assistance, if those with any such concerns took the necessary action and made the reports themselves, rather than to expect others, who might be too busy to do so, or who might simply forget, to do this. The links in this paragraph will enable this, but our experience is that the Council are very stretched in this area of work, and usually down-prioritise jobs which aren’t an immediate danger to e.g. schools, to the extent that a reply to such reports isn’t to be expected as a certainty.
While you’re here…
It’s a minor oddity, but the pictured spade appeared on a plot recently, and it’s nothing to do with either its tenants or their immediate neighbours, so if anyone can account for this, then we’d be interested to hear.
Update: the spade has been reunited with its owner, who reported that they had found their shed open, but the only thing missing was the spade. Curiously, the plot from which it was taken was a long way from the one on which it was found. Furthermore, it was stuck into the ground upright where digging was presently taking place as if being used, and not simply thrown down. The plot holders – who reported the find – have more than one spade of their own however.
PPA Website Team
