Being a trustee of a charity can be a time-consuming business. Yet most research suggests that those who serve as trustees get far more out of the experience than they believe they put in. Many charities report difficulties in finding suitable new trustees and a significant proportion are worried about succession issues and are concerned that there will be no trustees to whom they can pass the trusteeship baton. In this article, Jo Coleman, a Partner in IBB Solicitor’s Charities team, looks at why it might be getting more difficult to find the next generation of trustees and also considers what trustees might do to plan for a smooth and successful succession.

TEN sTEps To fiNdiNg NEw TrusTEEs

Times have changed. people are living longer but are also finding that they have to work much longer. with the abolition of the default retirement age, the army of new volunteer trustees that used to be created each year is disappearing. At the other end of the generational spectrum, more of us than ever are juggling parenthood, full time work and sometimes care of elder relatives, so have little time to dedicate to voluntary pursuits.

work has also expanded to fill our days and the era when the work day ended and people still had time to pursue other activities in the evenings has all but disappeared. where this leaves us as a society i will leave for others to consider, but there is no doubt that it is having a very real impact on the ability of individuals to step up and volunteer as trustees.

Although we are operating in a different world, there are nevertheless certain steps to ensure that the trustees you are able to find are suitable and help to take the charity forward. in this article, i set out ten key steps to successful trustee recruitment.

STEP ONE: Check the rulesThe starting point for any Board about to consider appointing new trustees is to check the relevant requirements in their governing documents. is there a maximum number of trustees? How must new trustees be appointed? what length of term will they serve? once you know what the rules are you can move to the next step.

STEP TWO: undertake a skills auditConsider what skills, knowledge and experience are needed to make sure that your charity is well governed and run effectively, efficiently and appropriately to its size and complexity. in fact, undertaking a periodic

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review of the skills of current trustees is a good way to identify any gaps that need to be filled and is a valuable exercise in its own right.

The Charity Commission recommends that trustees regularly review the skills of the trustees board and don’t wait for a vacancy to occur. A number of different skills matrices exist to help with this process. An example is set out on the back page of this briefing.

STEP THREE: Create a role description for the new trusteeMake sure you are very clear in the role description for any new trustee what skills you are looking for and that you also explain clearly how much time an individual is expected to commit to fulfilling their new duties.

STEP FOUR: Embrace diversitywhilst some tend to want to appoint ‘people like us’ to trustee boards, a diverse board is more likely to contain a broader range of skills, knowledge and experience. The Charity Commission suggests that when making new appointments trustee boards should have regard to the impact on the diversity of the board. Boards should seek to have a balance between men and women, between professionals and business people, between young and older people, all of whom would bring different perspectives to the charity.

To enhance your diversity you may find that you need to look critically at the method of recruitment and the timing and location of your meetings.

STEP FIVE: Agree the processThere are a number of ways in which trustees can recruit new trustees:

• word of mouth

• personal recommendation

• internally from amongst existing volunteers

• Advertising on local websites, notice boards or newsletters

• Advertising in local or national newspapers or specialist sector

magazines

• using trustee brokerage services

• Engaging a recruitment agency or headhunter to find trustees

Not all methods will be appropriate in all cases and the methods available also vary in cost, time and effort.

STEP SIX: Make the application stage meaningfuldesign an application process that helps you elicit as much information as possible at the outset so that you do not have to waste time in endless interviews.

STEP SEVEN: Establish an interview panelEnsure that the panel understands what the charity needs and the sort of person and skills you are looking for.

STEP EIGHT: Check the candidates are eligibleAsk the candidates to complete a Trustee declaration form which confirms that they are eligible to act as a charity trustee and would not be disqualified in any way.

A trustee declaration form is available at http://goo.gl/6nF3u. you should also ask candidates to identify any potential conflicts of interest.

STEP NINE: Ensure the candidates understand the roles and responsibilities of a charity trusteeCandidates should be referred to CC3: Charity Trustees: What you need to know and any other Charity Commission guidance that is pertinent to your particular area of activity. There are also many other guides available on trustees’ duties. prospective trustees need to know what they are getting into.

STEP TEN: provide an induction pack and consider training options New trustees should receive key documents which should include:

• A charity’s governing document;

• The charity’s latest annual report and accounts;

• minutes of recent trustees meetings;

• conflicts of interest policy;

• other key documents.

you should think about making training available to your new trustees to help them in their role.

it may also be helpful to implement a form of mentoring scheme, so that longer serving trustees can meet with new trustees away from board meetings to help explain how things work. in our experience, it can often take 18 months for a new trustee to work out what is going on, if they are only interacting with the charity at board meetings.

Further informationfor further guidance please refer to the Charity Commission guide CC30 Finding new trustees.

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08456 381381 ibblaw.co.ukMEMBErs of:

SkIll/EXPERIENCE Trustee 1 Trustee 2 Trustee 3 Trustee 4 Trustee 5Access to resources (eg funds)Advocacy and influencingContacts and affiliationsfinancialfundraisingiTLeadership qualitiesLegalMarketing/communications sector experiencestrategic planning / project managementTechnical skills

EXamPlE SkIllS maTRIX *

* depending upon the work undertaken by your charity, you may want to expand on certain of these areas when undertaking your audit.

If you or your Trustees would like to discuss the issues raised by this note and the potential issues in your charity, please contact:

Jo Coleman, partner, Charities teamiBB solicitors 01895 207809 jo.coleman@ibblaw.co.uk

THis BriEfiNg NoTE is oNLy iNTENdEd To providE gENErAL guidANCE ANd is NoT iNTENdEd To CoNsTiTuTE LEgAL AdviCE.