Bulletin January 2008

Subscriptions to this bulletin are climbing, so if this is your first one…My name is Daryl Martin. I head up a team of charity specialists whose aim in life is to free you up to do what you are there to do. This is a monthly bulletin going out to our clients, friends, contacts, friends of friends (well you get the drift), to keep them in touch with charity law, and anything else that might be helpful for them to know about. If you have anything to do with the world of charities, please read on, there might be something to excite your attention, who knows.

CHURCHMEN FLEECED 1,000 WORSHIPPERS OUT OF £3M:
So ran recent headlines alleging that four churchgoers conned more than 1,000 church members out of £3.2m by promising them that their money would triple in as little as 6 weeks by means of spread-trading. The money apparently wasn’t traded at all. Christian communities in particular are built on trust and people are too ready to believe the best in one another. Just remember, there are no easy paths to riches. If it’s too good to be true, then it is too good to be true. If you get a good offer, let me know, (so I can warn others, not sign up!) The trial continues.

TRUSTEES MUST CARRY OUT APPROPRIATE CHECKS:
This is an interesting one. For the first time, the Charity Commission has suppressed the name of a charity in an inquiry report. A charity recruited a staff member and a trustee with criminal records indicating that they were ‘high risk’ to vulnerable adults. It took the police to inform the regulator before anything was done about it and the pair were subsequently suspended. The charity has now shut down. The Charity Commission expressed the view that trustees risk being in breach of their duty of care if they fail to carry out appropriate checks.
In a separate case a Hampshire charity, knowing that a trustee had an unspent conviction for inappropriate contact with children, allowed him to have a beneficiary stay in his home. When the CC found out, they suspended all the trustees. The trustee concerned was also a trustee for 3 other charities. Come on now, this is not rocket science! New trustees are in place and the charity has learned not to be so trusting

EMPLOYMENT TRIBUNALS:
Someone contacted us recently wanting help as they were being put through a stage 1 disciplinary by their employer, a well known national charity. Listening to her, it seemed clear that whatever the rights and wrongs of the case, the employer had not got his facts or procedures right in a number of areas. If he gets taken to a tribunal he will undoubtedly lose and will only have himself to blame. About 80% of hearings are lost on procedural practicalities. Penalties for losing are severe. If you run into issues which could blow up in your face, get advice fast. Recently an employer was found not guilty of unfair dismissal, but he still had to pay £1,200 in legal fees and a fine for not having contracts of employment in place. Currently about 12,000 claims a month are being lodged. Don’t be one of them. Make sure you get good practical advice.

GIFT AID:
Our resident specialist recently attended a briefing led by a speaker from HMRC. She was delighted to discover that her stock with HMRC is good with high trust levels in place. If you have a problem of any kind with Gift Aid, it’s always worth making contact with Janice.

BUSINESSES GETTING INVOLVED IN FUNDRAISING:
In my research I have been increasingly aware that businesses are moving into territory occupied by charities. Companies are starting to work directly on causes, rather than go through charities. In-house charities are nothing new of course but there is a trend to adding a couple of quid to the invoice to go to the in-house charity (with even a Gift Aid form to sign!) Increasing social awareness can only be a good thing, but if the ‘middleman’ (the charity) starts to get cut out, charities will have to really look to their laurels as they compete for increasingly scarce funds. The Third Sector says that the charity of the future will increasingly focus on its core competencies, subcontracting everything else.

CHRISTIAN RESOURCES EXHIBITION:
If this is an event you normally get along to, make a note in your diary of the dates: May 13th to May 16th. We shall be there and always look forward to meeting many of our clients as well as a few new ones. If you want a couple of complimentary tickets drop us a line.

BARNABAS TRAINING INTERNATIONAL:
I regularly draw your attention to BTI, mainly because I am a director, but also because it’s a good company. Our annual conference in Hemel Hempstead in May this year includes an important seminar from Dr Ulrich Giesekus, an international specialist, who will be addressing the topical subject of Internet Sxx Addiction. For the modest fee of £65 you are welcome to join us. E-mail Julie at jallday@btctraining.co.uk (Try a Google search on Ulrich and you might be a little impressed)

CHARITY SOFTWARE:
Our research tells us that over 80% charities in the UK keep their accounts on Excel spreadsheets. There’s nothing wrong with a well produced spreadsheet, but as a charity gets bigger it makes sense to look at other options. A good one is Paxton, check out the Paxton website for a demo.

TRUSTEE BRIEFING DAY:
These are continuing to go well. We are running them regularly at our office in West Sussex, but we are planning a day in Towcester on Monday 19th May. Let Ruth know if this is of interest to you. There might still be space for you in the next briefing at our office on February 8th.
It’s useful for new trustees as part of their induction or for more experienced trustees looking for an opportunity to refresh their understanding of charity law including recent changes, and discuss important issues.

COUNSELLING TRAINING
Back to my other role in BTI, which provides training for Christian counsellors at a range of centres across the UK: we currently have more than 300 students in training with a further 150 starting in the new year. We still have spaces available, particularly in Exeter, Caterham, Norwich and Belfast. Bridlington and Colchester also have a few spaces left. Contact Julie for more information.

DEBT ADVICE
Following my mention of this in the last bulletin, John Pitt took me gently to task for not mentioning the sterling work that Frontline are doing in West Sussex and Hants. Of course there will be groups across the country doing similar work, but John is a bit special because he and his wife used to work for us. Check their website: www.frontlinedebtadvice.org.uk. I guess people will be queuing round the block for help after Christmas.

AND FINALLY........

One of the most important building blocks of your life is the lowly minute:

I have only just a minute,
Only 60 seconds in it,
Forced upon me, can’t refuse it,
Didn’t seek it, didn’t choose it,
But, it’s up to me to use it.
I’m a sucker if I lose it,
Must give account if I abuse it.
Just a tiny little minute,
But, eternity is in it.
(In memory of Don Taylor)

Rules to live by. (these have been my favourites for many years:

Share everything
Play fair
Put things back
Clean up your own mess
Don’t hit people
If you hurt someone, say sorry
When you go out, watch for traffic,
Hold hands and stick together.
(Works for me and will work for you in most social situations especially your local church)