Risk? The former miner received a 'bullying' letter from Eastwood Town Council, in Nottinghamshire, earlier this month ordering him off the plot
The extraordinary note stated the council were ‘aware’ he had hip problems and demanded a medical assessment to prove he was fit enough to garden.

‘It’s ludicrous,’ said Mr Martin. ‘I’ve not been given any information on the health and safety rules that I have supposedly broken.’
Mr Martin uses his plot to grow potatoes, runner beans, peas, onions, cucumbers and strawberries with his wife Jean, 72.

‘The allotment gives me a great deal of pleasure,’ he said.

‘After I retired, it gave me something to do with my hands and my mind.’

Mr Martin, chairman of the local allotment society, had a hip replacement in 2007, which was replaced again 18 months ago.

He added: ‘I struggle a little at the end of the season when you have to turn all the soil over, so I asked a friend to help me.

‘But apparently that is a problem – it’s just pure petty-mindedness.’

On Monday night, the leader of Eastwood town council David Bagshaw said he had told Mr Martin to get off his plot.

He added. ‘I don’t want this guy’s hip to pop out again due to neglect from this council.’
Mr Bagshaw was unavailable for further comment last night.


Read more: http://www.dailymail.co.uk/news/article ... z1r3L2wFT7

I would ask through the 'freedom of information act', from where did they get their information ? Cheers, Tony.

addendum I've since read the article in the paper.

Well, there goes the age old introduction to gardening by helping your grandad in the allotment. Cheers, Tony.

He should threaten to sue the council and the named councillor under the disability discrimination act, he is being discriminated against under a combination of age and physical ability.

He could also offer to sign a waiver excluding them from liability regarding his hip & agreeing to have means of summoning assistance in a crisis.

Truth be told, I reckon there's a back-story here, he's rattled someone's cage and this is their idea of payback.

Some of the comments are.... amazing.

Another safeguard could be to take out insurance?

I do hope the amazing isn't directed at me.

The council & councillor are not acting legitimately if the reasons they are quoted as using are truely what they intend using to kick the chap off.

The best defence is attack and in my opinion the easiest route is via discrimination on physical ability, the councils insurer will tell the council they'll lose and to cave in. Chap then seems reasonable by offering a waiver. Play your opponent at their own game and play it better than them.

Ageism is now officially illegal in the UK, as is discrimination on the grounds of disability, my council was preparing to construct a wheelchair compatible plot until it was pointed out there were no wheelchair users on the waiting list.

UK ladies are now having to pay the same insurance rates as gentlemen, despite their (factually proven) lower claims cost to insurers, because it would be sexual discrimination to offer them a cheaper rate.

Head of allotment Society, in my opinion there's definitely a back story waiting to come out....... perhaps he criticised some council decision.

I agree with Peter that there is a lot more to come out of this fiasco.
Mr Martin should go to his doctor and he will almost certainly give him a letter for the council stating that he poses no threat to the council.
If this fails then, from experience, councils do not like any form of litigation because they generally lose the case and then have to account for the money they have wasted. If the litigation was caused by the sheer bloody mindedness of the councillor he can be held personally responsible and have to pay all the costs himself.
So Mr Martin should consult his doctor in the first instance and then, assuming that the doctors assessment is in Mr Martins favour, if the council do not capitulate and cancel the order to quit, proceed to a solicitor as fast as his legs will allow!
He must keep a note of all costs however petty they may seem, even down to the price of stamps and writing materials because in cases like this it is very easy to run up quite a considerable cost to a pensioner.
JB.

I agree with all of the comments made, but suggest it wise to tread carefully here. This story was in the Daily Wail, notorious for using any excuse to bash a Council, especially a non-Conservative one. As a retired journalist I know how a story can be distorted to reflect badly on someone.

Absolutely; always two sides to every story.