1-19 of 19 results for subject:Charities
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Answering member
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Baroness Crawley
Type
House
Session
Year
Department
Member
Primary member
Answering member
More
Crawley, Baroness (19)
Legislative stage
Legislation
Subject
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To ask Her Majesty's Government what measures have been introduced to remove regulatory burdens affecting charity retail shops.
To ask Her Majesty's Government what measures have been introduced to remove regulatory burdens affecting charity retail shops.
Asked by
Lord Rooker
(Labour Independent)
Answered by
Baroness Crawley
(Labour)
Type
Written questions
Status
Answered
Answered on
16 December 2009
Charity owned and run shops receive significant tax concessions, examples include exemption from corporation tax on profits, zero VAT rating on the sale of donated goods and 80 per cent mandatory non-domestic business rates relief if the shop sells "wholly or mainly" donated goods and the proceeds are applied for charitable purposes. The concessions do not apply to shops owned by charities’ non-charitable trading subsidiaries. In addition, charities are able to claim Gift Aid on the sale of donated goods in charity shops.
The Health and Safety Executive has produced revised guidance Charity and Voluntary Workers—A guide to Health and Safety, and, jointly with the Charities Safety Group, an example risk assessment for charity shops which should make it easier for charity shop workers to ensure that they are meeting all relevant health and safety requirements.
The new Charitable Incorporated Organisation, planned for next year, will give charities the advantages of incorporation without the burden of dual regulation by both the Charity Commission and Companies House.
More generally, both the Charity Commission and the Cabinet Office (of which Office of the Third Sector is part) are publishing revised simplification plans this month, that indicate the progress made in, and plans for, simplifying regulatory burdens on charities and other third sector organisations.
Subjects
Charities; Regulation; Shops
Date
16 December 2009
Reference
801; 715 c251-2WA
House
House of Lords
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 10 July (WA 178) and to HL5188, what response they have made to the report sent to Baroness Crawley by Professor Leon Poller on 24 August; and what action they will be taking.
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 10 July (WA 178) and to HL5188, what response they have made to the report sent to Baroness Crawley by Professor Leon Poller on 24 August; and what action they will be taking.
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Type
Written questions
Status
Answered
Answered on
12 October 2009
The matters raised in the report by Professor Leon Poller are for the Charity Commission as the independent regulator of charities in England and Wales. The report has been passed to the Charity Commission for it to consider and to respond directly to Professor Poller.
Subjects
Charities; Charity Commission; Regulation
Date
12 October 2009
Reference
5370; 713 c4WA
House
House of Lords
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 10 July (WA 178) and to HL5188, what monitoring they do of the Charity Commission's discharge of its duty to promote good governance in charities; and whether they will propose or support amending legislation to protect...
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 10 July (WA 178) and to HL5188, what monitoring they do of the Charity Commission's discharge of its duty to promote good governance in charities; and whether they will propose or support amending legislation to protect...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Type
Written questions
Status
Answered
Answered on
12 October 2009
The Charity Commission is the independent regulator of charities in England and Wales. As a non-ministerial government department it agrees a series of key performance indicators (KPIs) directly with HM Treasury, and reports against these in its annual report. The Charity Commission is accountable to the courts for its legal decisions and is also accountable to Parliament. The Charity Commission appears before the Public Administration Select Committee on an annual basis to give evidence about various aspects of its work.
There are no plans to propose or support amending legislation in the area of provable electoral fraud committed by a charity's officers, nor is such legislation considered necessary as we believe that existing legislation is sufficient to allow action to be taken by the regulator where it considers it appropriate and proportionate to do so.
Subjects
Charities; Charity Commission; Charitable trusts; Fraud; Elections; Monitoring; Regulation
Date
12 October 2009
Reference
5369; 713 c3-4WA
House
House of Lords
To ask Her Majesty's Government further to the Written Answer by Baroness Crawley on 10 July (WA 177–8), whether the methods for resolving disputes set out by the chief executive of the Charity Commission would apply to cases in which there was an alleged abuse of voting procedures which can...
To ask Her Majesty's Government further to the Written Answer by Baroness Crawley on 10 July (WA 177–8), whether the methods for resolving disputes set out by the chief executive of the Charity Commission would apply to cases in which there was an alleged abuse of voting procedures which can...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Type
Written questions
Status
Answered
Answered on
5 October 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Notes
Answer received between Wednesday 22 July and Monday 27 July 2009.
Subjects
Charities; Charity Commission; Charitable trusts; Fraud; Elections; Regulation
Date
5 October 2009
Reference
712 c376-7WA; 5188
House
House of Lords
To ask Her Majesty's Government further to the Written Answer by Baroness Crawley on 10 July (WA 177–8), whether the Charity Commission would consider it proportionate and necessary to intervene in a case where the dispute concerns the validity of the appointment of trustees of a charity and where all...
To ask Her Majesty's Government further to the Written Answer by Baroness Crawley on 10 July (WA 177–8), whether the Charity Commission would consider it proportionate and necessary to intervene in a case where the dispute concerns the validity of the appointment of trustees of a charity and where all...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Type
Written questions
Status
Answered
Answered on
5 October 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Notes
Answer received between Wednesday 22 July and Monday 27 July 2009.
Subjects
Charities; Charity Commission; Charitable trusts; Fraud; Elections; Regulation
Date
5 October 2009
Reference
5189; 712 c376-7WA
House
House of Lords
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 29 June (WA 3–5) and 1 July (WA 46–7), how the Charity Commission's policy of leaving disputes between trustees to resolution by those trustees, after advice by the commission, operates in a case where only one...
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 29 June (WA 3–5) and 1 July (WA 46–7), how the Charity Commission's policy of leaving disputes between trustees to resolution by those trustees, after advice by the commission, operates in a case where only one...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Answering body
Charity Commission
Type
Written questions
Status
Answered
Answered on
10 July 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Letter from Andrew Hind, Chief Executive of the Charity Commission, to Lord Morris of Manchester, dated 7 July 2009.
As the Chief Executive of the Charity Commission, I have been asked to respond to your Written Parliamentary Questions.
Parliamentary Question (HL4825)
From our experience, the deliberate abuse of voting procedures and rights in charity elections is rare. More often, disputes relating to the holding of trustee elections are caused by a lack of attention to governance arrangements. This may be because procedures have not been followed or because the governance arrangements are complex to manage.
In this situation, the various parties should work together to seek a solution for the future. The outcome might include the adoption of new governance arrangements and ensuring that future elections are fair and transparent, perhaps by the appointment of an independent election supervisor.
If an "opposing group" remained unhappy with the situation, it could consider what other options were available to it. This would depend upon:
the constitutional framework of the charity; for instance, is it a membership charity?
the provisions in the charity's governing document; is there a disputes clause or other relevant provision?
its own position in relation to the charity; are the members of the opposing group also members of the charity or do they have some other constitutional role?
As mentioned in my answer to a previous question, mediation can be a quick and cost effective way to resolve a dispute. This includes allegations of election abuse or other irregularities.
Parliamentary Question (HL4826)
The answers to the previous Questions were given in the context of a dispute or serious disagreement in a charity. The commission will become involved with a charity in these circumstances only where it has a clear role. This will usually be only:
if there are no validly appointed trustees; and
all other methods of resolving the dispute have failed.
If there were substantial concerns about the validity of trustee appointments, we would expect those running the charity to put the situation right. If this was not possible then it might be necessary for the commission to become involved. In certain circumstances we can, for example, use our powers to appoint new trustees.
Taking into account the principles of good regulation, we ensure that we are proportionate in all that we do. This means that we focus our priorities and resources where we believe our intervention as regulator can make most difference to charities and the people who benefit from them. In the context of a charity dispute, we would consider the following factors in assessing whether it was appropriate and proportionate to take action:
the particular circumstances;
the seriousness and scale of the problem;
the level of risk to the charity (activities, beneficiaries, property or reputation):
available evidence; and
likelihood of a successful outcome.
We might conclude that we could use commission resources elsewhere to greater effect in the public interest, and that we should not take regulatory action.
Our experience is that this type of situation is best solved by those involved in the dispute, using mediation if necessary. A solution imposed from outside, be it by the commission or another stakeholder, may not have the same chance of long term success.
I hope this clarifies the position.
Subjects
Charities; Charity Commission; Charitable trusts; Fraud; Elections
Date
10 July 2009
Reference
712 c177-8WA; 4825
House
House of Lords
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 29 June (WA 3–5) and 1 July (WA 46–7) that the Charity Commission's decision to take action in a particular case depends upon the issues involved, the risks to the charity and whether its intervention is...
To ask Her Majesty's Government further to the Written Answers by Baroness Crawley on 29 June (WA 3–5) and 1 July (WA 46–7) that the Charity Commission's decision to take action in a particular case depends upon the issues involved, the risks to the charity and whether its intervention is...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Answering body
Charity Commission
Type
Written questions
Status
Answered
Answered on
10 July 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Letter from Andrew Hind, Chief Executive of the Charity Commission, to Lord Morris of Manchester, dated 7 July 2009.
As the Chief Executive of the Charity Commission, I have been asked to respond to your Written Parliamentary Questions.
Parliamentary Question (HL4825)
From our experience, the deliberate abuse of voting procedures and rights in charity elections is rare. More often, disputes relating to the holding of trustee elections are caused by a lack of attention to governance arrangements. This may be because procedures have not been followed or because the governance arrangements are complex to manage.
In this situation, the various parties should work together to seek a solution for the future. The outcome might include the adoption of new governance arrangements and ensuring that future elections are fair and transparent, perhaps by the appointment of an independent election supervisor.
If an "opposing group" remained unhappy with the situation, it could consider what other options were available to it. This would depend upon:
the constitutional framework of the charity; for instance, is it a membership charity?
the provisions in the charity's governing document; is there a disputes clause or other relevant provision?
its own position in relation to the charity; are the members of the opposing group also members of the charity or do they have some other constitutional role?
As mentioned in my answer to a previous question, mediation can be a quick and cost effective way to resolve a dispute. This includes allegations of election abuse or other irregularities.
Parliamentary Question (HL4826)
The answers to the previous Questions were given in the context of a dispute or serious disagreement in a charity. The commission will become involved with a charity in these circumstances only where it has a clear role. This will usually be only:
if there are no validly appointed trustees; and
all other methods of resolving the dispute have failed.
If there were substantial concerns about the validity of trustee appointments, we would expect those running the charity to put the situation right. If this was not possible then it might be necessary for the commission to become involved. In certain circumstances we can, for example, use our powers to appoint new trustees.
Taking into account the principles of good regulation, we ensure that we are proportionate in all that we do. This means that we focus our priorities and resources where we believe our intervention as regulator can make most difference to charities and the people who benefit from them. In the context of a charity dispute, we would consider the following factors in assessing whether it was appropriate and proportionate to take action:
the particular circumstances;
the seriousness and scale of the problem;
the level of risk to the charity (activities, beneficiaries, property or reputation):
available evidence; and
likelihood of a successful outcome.
We might conclude that we could use commission resources elsewhere to greater effect in the public interest, and that we should not take regulatory action.
Our experience is that this type of situation is best solved by those involved in the dispute, using mediation if necessary. A solution imposed from outside, be it by the commission or another stakeholder, may not have the same chance of long term success.
I hope this clarifies the position.
Subjects
Charities; Charity Commission; Charitable trusts; Elections; Regulation
Date
10 July 2009
Reference
4826; 712 c177-8WA
House
House of Lords
My Lords, volunteering is most important. Charities that offer services such as information and advice to vulnerable communities on employment and employability and health and well-being services would all benefit from having more volunteers.
My Lords, volunteering is most important. Charities that offer services such as information and advice to vulnerable communities on employment and employability and health and well-being services would all benefit from having more volunteers.
Answered by
Baroness Crawley
(Labour)
Asked by
Baroness Pitkeathley
(Labour)
Type
Oral answers to questions
My Lords, nobody would deny that the recession is causing problems for charities, and the package which my noble friend mentioned, the action plan, was very much welcomed by charities. However, does she agree that many charities see the downturn as presenting them with opportunities; for example, some charities in the social enterprise sector and those which require more volunteers as, for all sorts of reasons, more people are available to do that work?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c666
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I thank the noble Baroness for her kind welcome. I will try to be short on both counts. Would it be legal for her to send cash through the post with a begging letter? I would not advise her to do it, but it would not be illegal. I know that the noble Baroness is a national treasure, but she is not a national charity.
The noble Baroness is right on her second point: the clock is ticking for self-regulation on these annoying practices. Not enough charities are yet demonstrating best practice through becoming members of the Fundraising Standards Board, and if the Government have to bring in a reserve power in 2011, we may well do that.
My Lords, I thank the noble Baroness for her kind welcome. I will try to be short on both counts. Would it be legal for her to send cash through the post with a begging letter? I would not advise her to do it, but it would not be illegal. I know that the noble Baroness is a national treasure, but she is not a national charity.
The noble Baroness is right on her second point: the clock is ticking for self-regulation on these annoying practices. Not enough charities are yet demonstrating best practice through becoming members of the Fundraising Standards Board, and if the Government have to bring in a reserve power in 2011, we may well do that.
Answered by
Baroness Crawley
(Labour)
Asked by
Baroness Trumpington
(Conservative)
Type
Oral answers to questions
My Lords, may I thank the Minister for that reply and say how nice it is to see the noble Baroness, Lady Crawley, back? I wish her a long stay and short answers.
If the Government have the power to stop this objectionable practice, why do they not use it? Would it be legal for me to put money into an envelope and send it to people with a begging letter?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c665
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, during this difficult time the Government are supporting the third sector’s work in promoting best practice through the Institute of Fundraising’s codes and self-regulation through the Fundraising Standards Board. The Codes of Fundraising Practice outlaws members from using direct mail enclosures, such as coins, that generate a guilt response. If self-regulation should fail, the Charities Act 2006 contains a reserve power for government to intervene.
My Lords, during this difficult time the Government are supporting the third sector’s work in promoting best practice through the Institute of Fundraising’s codes and self-regulation through the Fundraising Standards Board. The Codes of Fundraising Practice outlaws members from using direct mail enclosures, such as coins, that generate a guilt response. If self-regulation should fail, the Charities Act 2006 contains a reserve power for government to intervene.
Answered by
Baroness Crawley
(Labour)
Asked by
Baroness Trumpington
(Conservative)
Type
Oral answers to questions
To ask Her Majesty’s Government what steps they will take to prevent charities from sending cash through the post with appeal letters.
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c665
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I do not know the answer in detail to the noble Baroness’s question. The Charity Commission’s polling of charities’ response to the downturn shows that only 6 per cent of UK charities polled—I think 1,000 charities were polled—said that they would consider a merger and collaboration. However, I will certainly get back to the noble Baroness on that.
My Lords, I do not know the answer in detail to the noble Baroness’s question. The Charity Commission’s polling of charities’ response to the downturn shows that only 6 per cent of UK charities polled—I think 1,000 charities were polled—said that they would consider a merger and collaboration. However, I will certainly get back to the noble Baroness on that.
Answered by
Baroness Crawley
(Labour)
Asked by
Baroness Finlay of Llandaff
(Crossbench)
Type
Oral answers to questions
My Lords, are there barriers to charities undertaking joint fundraising, and if so could the Government remove some of those? What is being done to encourage some of the small charities to consider merging when they are competing for funds, often in a very small pool in a small area where it is not cost-effective to have multiple charities operating?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c666
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Charity Commission is very much against the procedure that the noble Baroness, Lady Trumpington, has outlined and has advised charities not to do this. The practice of sending gifts or coins through the post is supposed to get a guilt response from people. It is a very annoying and frustrating way of going about building up a good name, as well as funds, for a charity. The commission, the Institute of Fundraising and the Fundraising Standards Board are all against it.
My Lords, the Charity Commission is very much against the procedure that the noble Baroness, Lady Trumpington, has outlined and has advised charities not to do this. The practice of sending gifts or coins through the post is supposed to get a guilt response from people. It is a very annoying and frustrating way of going about building up a good name, as well as funds, for a charity. The commission, the Institute of Fundraising and the Fundraising Standards Board are all against it.
Answered by
Baroness Crawley
(Labour)
Asked by
Baroness Rawlings
(Conservative)
Type
Oral answers to questions
My Lords, what pressure are Her Majesty’s Government putting on the Charity Commission to oppose this procedure, as asked by my noble friend Lady Trumpington?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c666
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, if charities were involved, I am sure that the Government’s action would target those charities as a priority. On the details of the action taken with the Icelandic bank, I will certainly get back to the noble Lord.
My Lords, if charities were involved, I am sure that the Government’s action would target those charities as a priority. On the details of the action taken with the Icelandic bank, I will certainly get back to the noble Lord.
Answered by
Baroness Crawley
(Labour)
Asked by
Lord Roberts of Llandudno
(Liberal Democrat)
Type
Oral answers to questions
My Lords, it is a privilege to come in on this Question. What steps were taken by the Government to meet the collapse of the Icelandic bank? We are told that around £100 million was invested by these charities in that particular bank? Will the Government help in any way?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c666
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, as the noble Lord will know, the Real Help for Communities project was broken down into four different funds. The targeted support funding opened for applications on 1 May. It received 70 applications and is now closed. The modernisation fund had 100 expressions of interest. I think that that is still open. In addition, the future jobs fund and the hardship fund are open for applications of interest. However, I will let the noble Lord know how many are up and running as regards the funding of individual charities.
My Lords, as the noble Lord will know, the Real Help for Communities project was broken down into four different funds. The targeted support funding opened for applications on 1 May. It received 70 applications and is now closed. The modernisation fund had 100 expressions of interest. I think that that is still open. In addition, the future jobs fund and the hardship fund are open for applications of interest. However, I will let the noble Lord know how many are up and running as regards the funding of individual charities.
Answered by
Baroness Crawley
(Labour)
Asked by
Lord Bates
(Conservative)
Type
Oral answers to questions
My Lords, of the £42.5 million announced by Liam Byrne, the Minister for the Cabinet Office, in February to help charities deal with the effects of the recession, how much has so far been spent?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c667
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I thank my noble and learned friend; it is wonderful to be back in the wacky world of the Whips’ Office. The charities have been recently polled and 50 per cent said that they have felt the impact of the recession. At present, not enough consistent evidence is available to evaluate the impact of the downturn on the sector, but the Government take very seriously the difficulties that many third-sector organisations face during the recession. That is why we have come up with the £42.5 million package announced in Real Help for Communities.
My Lords, I thank my noble and learned friend; it is wonderful to be back in the wacky world of the Whips’ Office. The charities have been recently polled and 50 per cent said that they have felt the impact of the recession. At present, not enough consistent evidence is available to evaluate the impact of the downturn on the sector, but the Government take very seriously the difficulties that many third-sector organisations face during the recession. That is why we have come up with the £42.5 million package announced in Real Help for Communities.
Answered by
Baroness Crawley
(Labour)
Asked by
Lord Archer of Sandwell
(Labour)
Type
Oral answers to questions
My Lords, I welcome my noble friend and assure her that we enjoy hearing her voice, for however long. Can she tell the House the estimated effect of the recession on charitable donations and resources?
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c665-6
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty’s Government what steps they will take to prevent charities from sending cash through the post with appeal letters.
To ask Her Majesty’s Government what steps they will take to prevent charities from sending cash through the post with appeal letters.
Asked by
Baroness Trumpington
(Conservative)
Answered by
Baroness Crawley
(Labour)
Oral questions - Lead
Status
Answered
For answer on
8 July 2009
Answered on
8 July 2009
My Lords, during this difficult time the Government are supporting the third sector’s work in promoting best practice through the Institute of Fundraising’s codes and self-regulation through the Fundraising Standards Board. The Codes of Fundraising Practice outlaws members from using direct mail enclosures, such as coins, that generate a guilt response. If self-regulation should fail, the Charities Act 2006 contains a reserve power for government to intervene.
Subjects
Charities; Direct marketing; Fundraising; Money; Regulation
Date
8 July 2009
Reference
712 c665
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty's Government what response the Chief Executive of the Charity Commission is making to the letter sent to him by Professor Leon Poller on 16 June about irregularities in the notification to members of an election meeting of the charity they were entitled to attend; and, in...
To ask Her Majesty's Government what response the Chief Executive of the Charity Commission is making to the letter sent to him by Professor Leon Poller on 16 June about irregularities in the notification to members of an election meeting of the charity they were entitled to attend; and, in...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Answering body
Charity Commission
Type
Written questions
Status
Answered
Answered on
1 July 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Letter from Andrew Hind, chief executive of the Charity Commission, to Lord Morris, dated June 2009.
As the Chief Executive of the Charity Commission, I have been asked to respond to your Written Parliamentary Question.
Professor Poller’s letter of 16 June related to an allegation that he believed had been made to the Charity Commission about the payment of membership subscriptions to a charity. This allegation apparently suggested that certain named individuals had not paid their subscription to this charity in 2008. We responded on 19 June to confirm that no such allegation had been made to us.
Professor Poller has also corresponded with us about the election meeting held in May 2009. We have looked into his allegation that some members of the charity had not received the notification of the AGM that they were entitled to. We have provided Professor Poller with a full response and we have asked his permission to disclose this to you. If that is forthcoming then I will write to you with the copies.
I hope this is helpful.
Subjects
Disclosure of information; Charities; Charity Commission; Elections
Date
1 July 2009
Reference
4485; 712 c46-7WA
House
House of Lords
To ask Her Majesty's Government further to the Written Answer by Lord Patel of Bradford on 2 June (WS 66–7), what action the Charity Commission would take, in the interests of ensuring effective governance of a charity, were evidence available to show that members entitled to attend an election meeting...
To ask Her Majesty's Government further to the Written Answer by Lord Patel of Bradford on 2 June (WS 66–7), what action the Charity Commission would take, in the interests of ensuring effective governance of a charity, were evidence available to show that members entitled to attend an election meeting...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Answering body
Charity Commission
Type
Written questions
Status
Answered
Answered on
29 June 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Letter from Andrew Hind, Chief Executive, Charity Commission, dated June 2009.
As the Chief Executive of the Charity Commission, I have been asked to respond to your written Parliamentary Questions.
Parliamentary question (HL4407)
We recognise that there is scope for problems in membership charities if proper attention is not paid to their governance arrangements. For this reason we published a report on membership charities in March 2004, which provides best practice guidance. This includes information on the holding of elections and voting procedures. This is available from our website at www.charitycommission.gov.uk.
For the most part, the running of elections is the responsibility of the charity trustees. They must act in accordance with their governing document, charity law, and where appropriate, company law.
In our experience, a problem with voting at an election meeting is indicative of a wider dispute or disagreement in the charity. Only in very limited circumstances will the Commission become involved in such a dispute, usually where there are no validly appointed trustees. Instead, those involved should try and use all available methods to resolve the dispute themselves. Our website contains information to help them do this—"Conflicts in your Charity: a statement of approach by the Charity Commission", and I will arrange for a copy of this to be placed in the Library of the House. For instance, where a more formal approach is required, professional mediation can be a quick and cost effective way to resolve a dispute.
We would only become involved if there were matters of serious concern and where it was necessary and proportionate for us to do so.
Parliamentary question (HL4408)
Whether we will take action in a case will depend upon the issues involved, the risks to the charity and whether our intervention is necessary and proportionate.
There may be legitimate reasons why notification of an election meeting has not been received. For instance, if the charity was not informed of a change of address or the person's membership had lapsed. However it may be indicative of a wider dispute or disagreement in the charity. In my response to a previous question (HL4407) I outlined the Commission's approach to disputes in membership charities and the sources of information available on our website.
In the first instance, the members should take the matter up with the trustees and ask why they were not sent notice of the meeting. If they do not receive a satisfactory answer then they could consider what further action to take. The charity may have a procedure for dealing with disputes or disagreements. The governing document may also indicate what options are open to them.
If we were made aware of the situation, then we would provide the trustees with advice and guidance to help them resolve the situation and ensure that the charity adhered to best practice. Our experience is that disputes in membership charities are best resolved by the members themselves rather than by any direct intervention from us.
Parliamentary question (HL4409)
We take a lot of trouble to make sure that, in making decisions, we get them right first time. However, we do recognise that from time to time a customer may consider that we have not taken the correct decision. We therefore have procedures in place that enable an interested party to ask for one of our decisions to be reviewed. These are set out on our website at http://www.charitycommission.gov.uk/tcc/reviewproc.asp.
The review, undertaken by a senior Commission officer, will decide whether our final decision is the right one in the sense that it is a proper exercise of our powers and consistent with our statutory objectives. We also check that the reasons for our decisions have been adequately expressed.
If a customer is not satisfied with our final decision they may be able to appeal or make an application for review to the Charity Tribunal. This is an independent body set up under the Charities Act 2006 to hear appeals against our decisions or applications for review of our decisions. It is part of the Tribunals Service, an executive agency of the Ministry of Justice. It provides an independent route of appeal for charities which have exhausted our own decision review process. Further information is available from its website at www.charity. tribunals.gov.uk.
For those decisions that cannot be appealed to the Charity Tribunal, appellants can seek a review of the decision through the Commission's Outcome Review Panel procedures or, of course, through judicial review. For standard of service issues, the Commission has established complaints procedures. If, having been through these procedures the complainant remains dissatisfied, complainants have further recourse through the Commission's Independent Complaints Reviewer and thereafter the Parliamentary and Health Ombudsman (further details on all of the above can be found at http://www.charitycommission.gov.uk/tcc/compproc. asp).
I hope this is helpful.
Subjects
Disclosure of information; Charities; Charity Commission; Elections; Trusts
Date
29 June 2009
Reference
4408; 712 c3-5WA
House
House of Lords
To ask Her Majesty's Government further to the Written Answer by Lord Patel of Bradford on 2 June (WS 66–7), whether the Charity Commission considers it in the interests of ensuring effective governance for a charity not to give notice of an election meeting to members entitled to attend were...
To ask Her Majesty's Government further to the Written Answer by Lord Patel of Bradford on 2 June (WS 66–7), whether the Charity Commission considers it in the interests of ensuring effective governance for a charity not to give notice of an election meeting to members entitled to attend were...
Asked by
Lord Morris of Manchester
(Labour)
Answered by
Baroness Crawley
(Labour)
Answering body
Charity Commission
Type
Written questions
Status
Answered
Answered on
29 June 2009
The information requested falls within the responsibility of the Charity Commission. I have asked the commission to reply.
Letter from Andrew Hind, Chief Executive, Charity Commission, dated June 2009.
As the Chief Executive of the Charity Commission, I have been asked to respond to your written Parliamentary Questions.
Parliamentary question (HL4407)
We recognise that there is scope for problems in membership charities if proper attention is not paid to their governance arrangements. For this reason we published a report on membership charities in March 2004, which provides best practice guidance. This includes information on the holding of elections and voting procedures. This is available from our website at www.charitycommission.gov.uk.
For the most part, the running of elections is the responsibility of the charity trustees. They must act in accordance with their governing document, charity law, and where appropriate, company law.
In our experience, a problem with voting at an election meeting is indicative of a wider dispute or disagreement in the charity. Only in very limited circumstances will the Commission become involved in such a dispute, usually where there are no validly appointed trustees. Instead, those involved should try and use all available methods to resolve the dispute themselves. Our website contains information to help them do this—"Conflicts in your Charity: a statement of approach by the Charity Commission", and I will arrange for a copy of this to be placed in the Library of the House. For instance, where a more formal approach is required, professional mediation can be a quick and cost effective way to resolve a dispute.
We would only become involved if there were matters of serious concern and where it was necessary and proportionate for us to do so.
Parliamentary question (HL4408)
Whether we will take action in a case will depend upon the issues involved, the risks to the charity and whether our intervention is necessary and proportionate.
There may be legitimate reasons why notification of an election meeting has not been received. For instance, if the charity was not informed of a change of address or the person's membership had lapsed. However it may be indicative of a wider dispute or disagreement in the charity. In my response to a previous question (HL4407) I outlined the Commission's approach to disputes in membership charities and the sources of information available on our website.
In the first instance, the members should take the matter up with the trustees and ask why they were not sent notice of the meeting. If they do not receive a satisfactory answer then they could consider what further action to take. The charity may have a procedure for dealing with disputes or disagreements. The governing document may also indicate what options are open to them.
If we were made aware of the situation, then we would provide the trustees with advice and guidance to help them resolve the situation and ensure that the charity adhered to best practice. Our experience is that disputes in membership charities are best resolved by the members themselves rather than by any direct intervention from us.
Parliamentary question (HL4409)
We take a lot of trouble to make sure that, in making decisions, we get them right first time. However, we do recognise that from time to time a customer may consider that we have not taken the correct decision. We therefore have procedures in place that enable an interested party to ask for one of our decisions to be reviewed. These are set out on our website at http://www.charitycommission.gov.uk/tcc/reviewproc.asp.
The review, undertaken by a senior Commission officer, will decide whether our final decision is the right one in the sense that it is a proper exercise of our powers and consistent with our statutory objectives. We also check that the reasons for our decisions have been adequately expressed.
If a customer is not satisfied with our final decision they may be able to appeal or make an application for review to the Charity Tribunal. This is an independent body set up under the Charities Act 2006 to hear appeals against our decisions or applications for review of our decisions. It is part of the Tribunals Service, an executive agency of the Ministry of Justice. It provides an independent route of appeal for charities which have exhausted our own decision review process. Further information is available from its website at www.charity. tribunals.gov.uk.
For those decisions that cannot be appealed to the Charity Tribunal, appellants can seek a review of the decision through the Commission's Outcome Review Panel procedures or, of course, through judicial review. For standard of service issues, the Commission has established complaints procedures. If, having been through these procedures the complainant remains dissatisfied, complainants have further recourse through the Commission's Independent Complaints Reviewer and thereafter the Parliamentary and Health Ombudsman (further details on all of the above can be found at http://www.charitycommission.gov.uk/tcc/compproc. asp).
I hope this is helpful.
Subjects
Disclosure of information; Charities; Charity Commission; Elections; Trusts
Date
29 June 2009
Reference
4407; 712 c3-5WA
House
House of Lords