Workshop: LegalSusannah Catlin

17th July

National Management &

Coordinators Training

HONE IN ON CHANGE

Refreshing our perspective in the work of Street Pastors.

Why all the changes?

Recent governance changes:

Licence Agreement - to strengthen operational process

Governing Document – to improve SPI governance in the interest of enhancing capacity to ensure service longevity

The benchmark: (Law)

What the Charity is set up to achieve – that is purpose (Charities Act 2011)

What is the benefit aspect?How the Charity’s purpose is for

public benefitHow the ‘trustees’ will carry out the

charity’s purpose for public benefit

Building line upon line:

Line upon line:… Who benefits? … What are the needs?… Who is responsible and determines … What must be done and… Why?… Where?… When?… How?

Recognised charitable purposes:

12+1 Descriptions Charities Act 2011…to advance … to promote… to relieve… to provide…

Street Pastor charitable purposes defined and agreed within this framework

1. To advance the Christian Faith in accordance with the Street Pastor Licence Agreement through…

2. To develop capacity in…Awkward wording? Yes! It’s a legal statement

Not a PC or Faith Statement!

Through the eyes of the law:

1. The advancement of religion – in the UK is viewed as being a charitable purpose with public benefit!

Street Pastor Patrols fall under this description as patrols would not fit under any other framework!

Relieving sickness now falls under medical services and financial hardship… falls under grant making to promote and preserve good health… health

awareness To advance education… institutions, schools, colleges

Through the eyes of the law:

2. The promotion of community capacity building – falls under community development, covers a broad group of charitable purposes directed towards support for social infrastructure focussed on group rather than the individual and promotes volunteering;

BIG QUESTION: Where should the Street Pastor TRAINING activity fall?

What does this 2nd object of community capacity building GIVE us?• Opportunity for joint mission in the

community, thinking beyond patrols (support social infrastructure) School Pastors

• Church come together in training and to develop capacity in volunteerism, to meet the social needs of the community, i.e. an outward focus, which means public benefit requirement is met;

• We are “salt and light” after all!

Through the eyes of the law:1. To be a charity – exist for charitable

purposes only;2. To operate as a charity – run for the

benefit of others;3. To report on charity’s work –

accountable, positive opportunity to demonstrate the benefits brought to public in return for the financial and other benefits that come from being a charity

The UK Street Pastor Initiative Structure

The License Agreement The CIO Foundation Model

How is this house built?

How each house is furnished depends upon each local SPI within accepted public benefit activities within the broad parameters of these objects which include the Street Pastor derivative and related projects.

FOUNDATION OF LICENSE AGREEMENT

Obj

ect 1

Ascension Trust

Obj

ect 2

Understanding the Licence Agreement:

SP Governing Document

1. Because it is a legal entity, the CIO has power to conduct business in its own name;

2. Can trade generating income for charity;

3. It can enter into legal agreements such as the License Agreement with Ascension Trust;

4. It has power to borrow money, acquire property

5. Employ and remunerate staff as necessary

6. Deposit or invest funds

CIO Foundation Model:

advantages1. Legal personhood WITH LIMITED LIABILITY

2. Secure structure

3. Able to trade for fundraising purposes

4. Improved funding position

5. Transparent integrity which enhances public confidence

6. Sustainable development of charity

• Registration with the Charity Commission is free!

• Our Step-by-step guide means you copy/paste, information has been pre-approved by CC/AT

• Registration means greater freedom to operate safely, does not mean more paperwork!

So what now?

ALL charities must keep proper accounting records (retained for six years)

Must produce an annual report with accounts according to level of income

Charity Reporting Requirements:

<£10k: update CC register when there are changes, approval of annual accounts (R&Ps) by trustees only

< £25k: + report serious incidents

>£25: annual report & accounts independent examiner charity’s choice

>£250: Full accruals accounting (SORP) independent examiner professionally qualified

Charity Reporting Requirements:

Trustees decide: To register or not to register? To convert a registered UA to CIO? To remain unincorporated association?

In light of and in the best interests of the charity and its beneficiaries

Where to from here?

Trustees defined as being: persons having the general control and

management of the administration of the charity

persons responsible for Street Pastor brand as per Licence Agreement

persons ensuring policies, practices and actions are effective and enable SPI to achieve its charitable purposes and other legal responsibilities, managing risks, all decisions evidence based, reasonable and taken independently in the best interests of the SPI and beneficiaries

The Hallmarks of an Effective Charity:

Clear about its purposes and direction

A strong board Fit for purpose Learning and improving Financially sound and prudent Accountable and transparent

Where to now and how?

The End

For further information or clarification on any point contact: Susannah Catlin

legal@ascensiontrust.org.uk