BULLETIN JUNE/ JULY 2008

IT HAD TO HAPPEN ONE DAY!
A man from Tennessee is suing his church for $2.5m, claiming someone should have been there to catch him when he fell to the floor ‘slain in the spirit’. Matthew Lincoln says that after the minister anointed his forehead he received the spirit and fell backward striking his head on the floor and exacerbating an existing spinal condition. Certainly strengthens the case for churches particularly those in the charismatic wing of the church to incorporate: give us a call. (source: The Week)

IGNORANCE NO EXCUSE:
A factory had an unsafe practice which involved moving equipment without first securing it. The MD was unaware of this practice and pleaded ignorance when an employee’s 6 year old child was killed as a result of an accident caused by the unsecured equipment flipping off in a collision. The HSE prosecuted him. The judge took the view that for neglect to have taken place the director would have needed to know what was going on and have turned a blind eye, and acquitted him. However this was overturned on appeal. The court decided that given his position he should have known about the unsafe practice. TIP: Make sure you have carried out risk assessment and make sure your insurance is in place. Don’t forget every board should have a ‘Health and Safety Champion’.

BUT BE REASSURED:
Charities worrying about frivolous damages claims can be reassured by a sensible decision handed down by an appeal court judge. A man fell after climbing in an activity centre and sustained serious injuries. The judge said that the man who was clearly a novice shouldn’t have needed to be warned about the danger of climbing without a rope. Nevertheless, he did make some criticisms of the centre and warned that a proper risk assessment should have been carried out. Lesson: The law is taking a more reasonable approach and charities can safely adopt a proportionate and sensible approach to risk.

UPDATING CHARITY COMMISSION RECORDS:
We are often asked whether the Charity Commission should be advised of changes to trustee details as they occur. Until recently changes were notified to the Charity Commission by way of the annual return. Now you should do it online as soon as possible. To do this, simply go to the Charity Commission's online service page and log on. You will need your charity password, but if it’s not to hand, you can request a reminder which will be sent immediately.

GOVERNMENT GRANTS:
This could be something or nothing, but it’s worth checking out. Grants of up to £50,000 are available for projects to help excluded young people or to promote independent living. http://innovation-exchange.org/next-practice-programme. You have until 31st July to submit expressions of interest.

TRUSTEE BRIEFINGS:
A client has offered to host one of my briefing days at Selby, North Yorkshire if enough people show interest. If this might interest you e-mail Kathy for details. It’s tailored for anyone closely involved in the charity sector and there is plenty of discussion around current issues and concerns. I need a dozen to fifteen people to make it viable. Will bring you up to date with what’s going on that’s relevant to trustees and others involved in the voluntary sector.

REVIEW OF GOVERNING DOCUMENTS:
Every couple of years it’s good practice to review your governing document to make sure it’s kept pace with changes in the law. Incorporated charities particularly need to have their memorandum and articles checked to reflect changes in company and charity law. For some time now we have offered a free review. However, we are providing a more detailed service these days and others offering the same service are charging up to £800. So we are changing our service as follows:

• A general review from our checklist is free
• A review of governing documents to supply a report and recommendations: £100 plus vat. If our services are used to carry out any changes needed we will waive this fee in our final bill.

WATER BILL PETITION:
Sharon from Somerset asked me to pass on this one. Apparently the Water Companies are starting to charge churches as businesses which is leading in some cases to enormous increases in charges. Sign the petition and they might be asked to change their minds. Needs 15,000 signatories to get noticed and this one is just above 11,000. http://petitions.pm.gov.uk/churchwaterbills I signed, and even gave my address, so they will know where to come for me.

GIFT AID ENVELOPES:
We are often asked about the length of time offering envelopes should be kept for. The answer depends on how vital they are to the audit trail. If the charity is relying on the declaration on the envelope, we think they should be kept indefinitely, or at least until HMRC carries out an inspection. If the Gift Aid declaration is a separate document (and HMRC prefers this option at least for regular givers), the envelopes could be safely destroyed after a year, provided that the gift aided donations are appropriately listed in the records. If you need help on this email Janice.

PAXTON CHARITY ACCOUNTS SOFTWARE TRAINING:
Sales of this software designed specifically for charity accounts are building well. To support it we are recruiting part time trainers to operate in different parts of the UK. If this interests you, please email Viv. Good knowledge of charity book-keeping is required and it helps if you are familiar generally with accounts software.

ANONA COATES’ BOOK:
I normally shy away from reviewing books written by friends for obvious reasons. But when my friend Anona’s book arrived on my desk I found I couldn’t put it down. It’s a charming slice of recent social history, written from the heart. It tells the story of how when she was 43 she found out she was adopted, and how she sought out her biological parents and what happened. Worth reading if you know Anona, which many of you do, and even if you don’t. It’s called, ‘I Wish I Was’, published by Authentic.

AND FINALLY........

SOME ADVICE FROM THE GREAT AND THE GOOD:

• Mark Twain: If you tell the truth you don’t have to remember anything
• Theodore Roosevelt: The best executive is the one who has sense enough to pick good men to do what he wants done, and the self restraint to keep from meddling with them while they do it.
• Norman Vincent Peale: The trouble with most of us is that we would rather be ruined by praise than saved by criticism.
• Anon (but sounds like Jerry Seinfeld): If you think you are too small to be effective you have never been in the dark with a mosquito.
• Art Buchwald: Whether it’s the best of times or the worst of times, it’s the only time we’ve got, so make the most of it.