BWB Highlights

ACEVO and NCVO report receiving a “disappointing” response from the government on the issue of the new anti-advocacy clause in government grants.


At a glance

NCVO has published a short discussion paper looking at the implications of EU membership for charities.

“Make it rain”, a new free guide from Social Misfits Media launched last week provides charities and non-profits with key tips and tricks for crowdfunding success.

The Department for Education has published a consultation on the 30-hour free childcare entitlement contained in the Childcare Act 2016.

The Near Neighbours programme, which brings together diverse communities and different faiths through a range of activities, has been awarded an additional £1.5 million of funding.


Charity Commission

Decision Review

The Commission has published the result of an internal decision review relating to the charity Families for Survival UK (1135545). The reviewer’s conclusion was that the decision by the Commission to open a statutory inquiry into the charity in November 2015 was a reasonable, proportionate and lawful decision, properly made.  

Finance spring clean

There has been a new blog post from the Commission, this time from Nick Mott, Head of Policy Development Guidance and Review, focusing on charities’ finance strategy.


First Tier Charity Tribunal

Hospice Aid UK has filed an appeal – the only information available is that a ruling is awaited on a preliminary issue.


Anti-advocacy clause in government grants

ACEVO and NCVO report receiving a “disappointing” response from the government on the issue of the new anti-advocacy clause in government grants.


Brexit

The government is sending a leaflet to every household across the UK to help the public make an informed decision in the upcoming EU referendum.  

NCVO has published a short discussion paper looking at the implications of EU membership for charities.  Rather than weigh up the pros and cons of EU membership, the paper seeks to provide a template for discussion for trustees and senior managers when considering the implications of the referendum.


Fundraising

Crowdfunding

“Make it rain”, a new free guide from Social Misfits Media launched last week provides charities and non-profits with key tips and tricks for crowdfunding success. The guide, which is sponsored by JustGiving and the Institute of Fundraising breaks down the lifecycle of a crowdfunding campaign into three stages: Pre-Campaign, Live Campaign, and Post-Campaign.


Data protection

Civil Society Media reports childbirth charity NCT has contacted the police and the Information Commissioner’s Office after suffering a data breach which has seen the details of 15,085 users accessed by hackers.  Email addresses, usernames and an encrypted version of the users’ passwords have been compromised.   

The Upper Tribunal has held that the Duchy of Cornwall does not have legal personality and is not a public authority for the purposes of the Environmental Information Regulations 2004 (SI 2004/3391).


Social impact

This is an interesting new report on the governance of mission driven organisations “Governing for Impact: Managing Mission-Driven Organizations Through Stages of Growth and Investment”. It is published by Said Business School. Marta Maretich, an OnBoard Consultant, is one of the authors.  

On Board’s Tesse Akpeki comments “Growing for Impact examines the climate social enterprises and social businesses need to thrive and grow with governing boards providing oversight and accountability to the businesses they lead. Fostering internal and external alignment, thinking about governance structures and strategy, linking goals to financial performance and sustainability, and appointing a wise chair are critical. Key to success is keeping investors committed to a larger vision of profit with purpose,  using monitoring to prevent mission drift, transparency, adequate reporting and demonstrating mission and financial competence”.  


Social finance and social investment

Big Society Capital is carrying out a stakeholder survey.  

See item above under Fundraising about crowdfunding.


Social enterprise

See item above under Fundraising about crowdfunding and report mentioned above in Social Impact.


Goddard Inquiry blogs

BWB are writing a series of blogs relating to the recent Goddard Inquiry. The most recent blog, focusing on preliminary core participant hearings, has been published.


Early years

The Department for Education has published a consultation on the 30-hour free childcare entitlement contained in the Childcare Act 2016.  Issues being consulted on include:

  • Provision for children with special education needs and disabilities.
  • The role and responsibilities of local authorities.
  • Information about childcare for parents.

The consultation will run until 6 June 2016.


Health

The Department of Health has: 

  • published updated versions of its standard NHS terms and conditions for the supply of goods and for the provision of services -  these terms and conditions are for use by NHS bodies when they are procuring goods and services from commercial organisations. 
  • launched a consultation on how changes to student funding for nurse, midwife and allied health professional degree places can be implemented.

The King’s Fund has published a couple of interesting blogs:


Faith based organisations

The Near Neighbours programme, which brings together diverse communities and different faiths through a range of activities, has been awarded an additional £1.5 million of funding.   The programme is delivered using the infrastructure of the Church of England.


Sport

At the end of March, HM Treasury (HMT) launched a consultation on expanding the deductibility of corporate contributions to grassroot sports. (This measure was previously announced in the 2015 Autumn Statement.)  The aim of the expansion is to encourage investment in grassroot sport while ensuring that elite and (semi-)professional sport does not benefit. The consultation considers:

  • How to define eligible "grassroot" sport. HMT proposes using existing lists of recognised sports produced by the national Sports Councils to define eligible sports. As for the "grassroot" requirement, HMT suggests that existing frameworks distinguishing elite and grassroot sports, and the division of funding responsibilities between bodies funding elite sports and those funding grassroot sports, might be a useful starting point. HMT also proposes examining how national governing bodies distinguish in their accounts between grassroot and other expenses.
  • What contributions should qualify. HMT favours prescribed categories, possibly including provision of facilities, kits, equipment, training and competitions.
  • How to prevent inappropriate deductions, such as for expenses attracting significant personal benefit for contributors or supporting commercial activities. One option would be for contributions to have to be made to national governing bodies, although this might be too prescriptive. The other option would be to allow contributions to a wider range of recipients, perhaps using elements of existing rules for community amateur sports clubs, although this might risk abuse and impose higher administrative burdens. In any event, reporting would be needed to ensure that only grassroot sport contributions benefited. HMT is also considering an annual payment limit.

Comments are invited by 15 June 2016. HMT comments that a formal response is likely to follow at the 2016 Autumn Statement and that a more detailed consultation might follow.  

BWB Partner Thea Longley comments “We support anything that increases funding of grass roots sport, but the key (as with many things) is that this doesn’t become so complex as to be unworkable”.


"Prevent" duty

Last week we flagged that the government had updated its “prevent” guidance.  What we should have made clear was that the guidance itself had not changed – the only change was the launch by the government of a new e-learning package about the “prevent” duty.


Freedom of information

Steve Wood at the ICO has published this blog about last month’s report published by the Freedom of Information Commission.


Trade marks

Following changes last month:

  • Community trade marks are now known as European Union trade marks 
  • OHIM is now the European Union Intellectual Property Office

Northern Ireland

The Charity Commission for Northern Ireland has issued a call for expressions of interest to join CCNI’s list of approved interim managers and list of approved trustees.


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Christine Rigby

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Posted on 13/04/2016 in Legal Updates

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