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2018 Stephen Lloyd Winners Announced

Winners of the fourth annual Stephen Lloyd Awards  winners were announced at the recent finalé selection event. To learn about this year’s winners, please scroll down.


At a glance

The Government has announced the detail of planned changes to the Gift Aid donor benefit rules.

NCVO is consulting on a new ‘code of ethics’ for the charity sector.

ACEVO has published a new report “Leading with values, creating a safe organisational culture”.

The National Audit Office has published its report “Developing new care models through NHS vanguards”.

Finance Innovation Lab has published a report which explores how regulatory assumptions hinder financial firms focussed on social and environmental impact.

The Advertising Standards Authority has upheld a complaint about a joint promotion by Cadburys and a charity.


Charity law cases

The Court of Appeal has issued its judgment in the Lehtimaki –v- Children’s Investment Fund Foundation (UK) case. The Court found that Dr Lehtimaki, as a member of the charity, was a fiduciary but the Court concluded it did not have power to order Dr Lehtimaki how to exercise his fiduciary powers unless there was a clear breach of fiduciary duty.


Tax and VAT

The Government has announced the detail of planned changes to the Gift Aid donor benefit rules. Charity Tax Group reports that under the new limits the benefit threshold for the first £100 of the donation will remain at 25% of the amount of the donation. For larger donations charities can offer an additional benefit to donors, up to 5% of the amount of the donation that exceeds £100. Some examples are provided in the table below. The total value of the benefit that a donor can receive remains at £2,500. The changes will have effect from 6 April 2019.


Governance

See second item under Safeguarding below.


General

NCVO has been developing a set of principles that can act as a ‘code of ethics’ for the charity sector and is now consulting on a draft code. NCVO aims for the code to provide a framework for charities to review their own policies and practice, so they can then identify where these need to change in line with their own purpose and specific values. Adoption and endorsement of the code will be voluntary. The proposed code would apply to:

  • safeguarding
  • conduct within charities
  • safe employment practices
  • dignity in the workplace
  • treating all individuals with respect.

The consultation closes on Wednesday 26 September 2018.

The government has updated its guidance on its grants standards process.

Civil Exchange has published its latest publication Insights for A Better Way: improving services and building strong communities.


Safeguarding

Last week several sector figures gave evidence to Parliament’s International Development Committee. See:

  • Here for Civil Society Media’s summary of evidence from the Charity Commission. It reports Helen Stephenson said that at the moment the serious incident reporting programme “has been voluntary”, and that while “we like to encourage more and more charities to comply”, the Commission “can’t enforce it”.
  • Here for Civil Society Media’s summary of Penny Mordaunt’s evidence.

ACEVO has published a new report, 'Leading with values, creating a safe organisational culture', as part of a cross-sector three-tiered project developed in response to the Charity Commission’s domestic charity safeguarding summit. The work is led by ACEVO, NCVO and The Scouts and covers leadership, culture and effective reporting respectively.

Strengthened “Working Together to Safeguard Children” guidance published last week sets new legal requirements for local police, councils and health services, who will be required to make joint safeguarding decisions to meet the needs of local children and families.


Data protection

A company which operates CCTV systems in buildings across Sheffield has been convicted of failing to comply with an Information Notice issued by the Information Commissioner’s Office (ICO) and failing to register with the ICO. They were fined £2000 for failing to comply with an Information Notice, under section 47 of the Data Protection Act 1998 and £2500 for processing personal data electronically without having notified when required to do so, under Section 17 of the Data Protection Act 1998, and ordered to pay costs of £364.08 and a victim surcharge of £170.00.


Education

See under Safeguarding above.


Health and social care

The National Audit Office has published its report, Developing new care models through NHS vanguards. In 2015, NHS England had selected 50 sites to act as "vanguards" to lead the development of five new care models with the intention being that the vanguard programme would transform and integrate health and social care services. With the vanguard phase ending in March 2018, and the expectation of NHS England being that the vanguards would be sustainable without further national funding, the NAO's report examines whether the NHS will get value for money from its investment in developing new care models through vanguards. The report covers the:

  • Set up and management of the vanguard programme (Part one) and national support and evaluation (Part two).
  • Vanguards' progress (Part three).
  • Readiness for the spread of these new care models (Part four).

Social finance

Finance Innovation Lab has published a report, funded by Barrow Cadbury Trust, which explores how regulatory assumptions hinder financial firms focussed on social and environmental impact. The report identified three conceptual fallacies that limit the ability of regulators to embed social purpose in their approach. An executive summary of the report can be found here.

The FCA publishes Senior Managers and Certification regime rules

The FCA has published near-final rules on the extension of the Senior Managers and Certification Regime (SM&CR) to almost all regulated firms. These important governance changes will affect all social & impact finance firms who are FCA regulated, replacing the current Approved Persons Regime from December 2019, changing how individuals working in financial services are regulated. The aim of the new SM&CR is to reduce harm to consumers and strengthen market integrity by making individuals more accountable for their conduct and competence. BWB Compliance will be holding a free webinar to give an overview of the new regime on Tuesday 24th July.

FCA proposes new directory of financial services workers

The FCA is consulting on a new directory to help consumers and firms check the status and history of individuals working in financial services. It would include all those who hold senior manager positions requiring FCA approval and those whose roles require firms to certify that they are fit and proper. This would include those in consumer-facing roles, such as investment advisers.

Fresh round of firms enter FCA sandbox

The FCA announced that 29 firms were successful in their applications to begin testing in the fourth cohort of the regulatory sandbox. The sandbox offers firms the chance to test innovative products, services or business models in a live market environment, while ensuring that appropriate protections are in place. This new cohort of firms includes a credit union, and the FCA continues to encourage responsible lending firms with new business models working to tackle high cost credit to engage with its Innovation Hub and the sandbox.


Social enterprise

See here for a list of CICs registered in June.


Advertising

The Advertising Standards Authority has upheld a complaint about a joint promotion by Cadburys with a charity. The ASA agreed that a storybook and activity pack linked to an Easter Egg Hunt promotion were for products that were high in fat, salt or sugar (HFSS product ads) that were directed at children. This is in breach of the Code of Advertising Practice.

Last month the Committee on Advertising Practice published these top tips for charities and advertising.


Elections and campaigning

The government has announced 1,000 Democracy Ambassadors aged 13-16 are to be recruited across the UK. The scheme has been launched to inspire engagement in democracy from an earlier age. Ambassadors will learn about the UK’s democratic system and promote participation amongst their peers.


Diversity

NPC has published a briefing "Walking the Talk on Diversity".

 


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Christine Rigby

Senior Consultant

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Posted on 11/07/2018 in Legal Updates

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