BULLETIN No. 98: April 2011

This is a monthly bulletin going out to around 10,000 clients, contacts, friends, friends of friends so forth, to keep them in touch with what's going on in the world of charities. Tip: if like me you have a low attention span or this came to you by mistake, scroll down to the …And Finally.

Daryl Martin

TAKING YOUR PHONE ABROAD:
We all know by now, that if we aren't careful we can unsuspectingly run up a huge bill. Gary took his iphone4 on a 10 day trip to Dubai; checked with Orange before he went and was advised to buy a package costing £50, enough to download 500 e-mails. Apparently he wasn't advised to switch off the data roaming facility. Anyway when he got back to the UK he faced a bill of almost £5,000. Another trap is the apps with the automatic download. Take care, especially outside the EU.

BRIBERY ACT:
I mentioned this one recently as something especially designed to cause maximum confusion. Already a Parish Council has instructed a bowls club to stop tipping the staff who maintain the green because it might break the Bribery Act. They had been giving the staff £20 vouchers at Christmas. I hope this isn't the same council that wants all the conker trees removed on H & S grounds. Was this what the creators of these acts had in mind! Time we declared war on petty officialdom.

IN KIND DIRECT:
This is a site worth looking at. It's a £17m a year charity which benefits other charities by supplying them with goods to meet their operational needs or to give to beneficiaries. There's a small charge to cover costs but it seems to really work. One charity gets all their cleaning products and washing powder to run a drug rehabilitation centre. Another gets nappies and toiletries to keep Ugandan refugees supplied. Check it out: www.inkinddirect.org; you could make significant savings.

HMRC FIT AND PROPER PERSONS CHECK:
This is what every charity manager should do, if you haven't already; Google 'HMRC fit and proper persons test'. The first item that should come up will be a detailed explanation. You can read that if you have a mind to. What you really want is the second item which is a Helpsheet. Download it, get a copy of the declaration to each trustee and manager and anyone else that might be involved in the finances or spending, completed put on file in case HMRC ever wants to see them. It's true that not every trustee or key worker needs to complete one, but you might as well cover as many as possible, as this will allow for roles changing over time. Then lastly, make it part of your induction process for new trustees. If perchance a trustee or worker is unable to make the declaration, all is not lost (necessarily); drop me a line and I'll tell you what needs to be done. (Apologies to 40 odd URC trustees that I misled the other day)

DEFECTORS TO ROME... (item in the March bulletin):
This item drew a number of responses from different directions. I did say I was staying clear of the arguments and the rights and wrongs, but some readers still felt (rightly) that I was commenting on something I knew little about. It's clear that feelings are very raw. I don't regret making my comment because it's made me some new friends. What I would say this time is, please be gentle with one another even when, especially when there is strong disagreement. We have an absolute duty to honour and respect one another. Do all you can to keep a root of bitterness from springing up. I've shed bucket loads of tears in recent months at the way I see Christians treating one another. You've only to read my blogs to get the flavour of what I have been going through. Lord, keep me soft and gentle. Now, back to business...

REVIEW OF YOUR FUNDRAISING ACTIVITIES:
When I mention the current economic climate, I often make the point that this year there will be winners and losers, and a positive mind-set and an effective strategy are keys to help make sure you are up there with the winners. Here's an offer of practical help. We've teamed up with an experienced fund director I've known for a number of years, to devise a simple Fundraising HealthCheck. He has a good track record of helping charities make the most of their scarce fundraising resources and even to thrive despite the pressures. He recently retired and is available to work with other charities. He can provide an expert outside assessment of your fundraising strategy and how it might be improved. His focus is on bottom line contribution. He's worked successfully and served as a trustee with a number of national charities. If you're interested in completing a simple questionnaire, e-mail us and we will be delighted to tell you more. I have tried him out already and am impressed by his quality.

CLERGY CAN SUE CHURCHES, ONLY IF TREATED AS EMPLOYEES:
A Methodist minister in Cornwall has been allowed to sue her church for unfair dismissal, because the church effectively treated her as an employee rather than an office holder. Some media reports suggest that this gives employment rights to clergy. Not so; ministers of religion are generally outside the scope of employment law; however, using words like 'salary' rather than 'stipend', and setting rules about working time, can change the nature of the relationship. This is a complex area. We have employment specialists available to give help and advice if you need it. Make sure you have a proper office holder's contract in place, which makes it clear that the ministers are free to act according to their spiritual calling.

STATUS OF VOLUNTEERS:
I'm often asked about the rights of volunteers as compared with employed charity workers. An important court ruling was made in respect of a volunteer who claimed to have received unfavourable treatment because of a disability and wanted her role to be treated as an occupation for the purposes of discrimination law. Her argument failed at tribunal, appeals tribunal and the Court of Appeal; Lord Justice Elias ruled, 'the concept of worker has been restricted to persons who are remunerated for what they do'. This is generally a good ruling; had it gone the other way try and imagine the avalanche of equality dictates that charities, churches and volunteers would have been subjected to. Having said that, best practises should apply and your volunteers should all be treated as the saints that they undoubtedly are. (Well saints with feet of clay)

THE BUDGET AND GIFT AID:
There was a lot of excitement when we heard that charities will be able to claim on donations up to £5000 a year, without declarations. Don't get too carried away though. It doesn't come into force until April 2013 (why do we have to wait so long?), and charities must have been complying with tax rules for at least 3 years. Oh well, something for the future if we can hold out that long!

CIOs:
Scotland as usual seems to be getting off the mark faster than the rest of the UK. Nevertheless the CC website is getting information out to us on how CIOs will be rolled out. There is still a long way to go though, so I'm not going to spend too much time on it at present. We are building up a file on the subject and at the right time I'll tell you what you need to know. Meantime, if you are thinking about incorporation, talk to us and we will help you decide the best way forward for you.

DARYL'S BLOG:
Subscriptions are growing by the day; soon be in double figures. These are some of the latest offerings to have made it past the watchful dragon (still a couple she's sitting on):

I 'fess up to my "Mistake of the Week';
Some timely advice on 'How to Save Your Charity';
'Who Mentors You?';
A 'Martin Luther King Jr Tribute'.

TRAINING:
I managed to deliver IE training in Southampton and have carried out a number of trustees/ executive training sessions elsewhere as well as a number of consultancy visits, which I always enjoy. I'm way behind on organising training at remote locations (I lack PA support). I do have some slots in May/ June; first come first served. Oh, we managed to get some training funded last year; then the funding ran out. It's back on in some areas. Let me know if this might interest you.

CRE:
Once again we plan to be at the Christian Resources Exhibition at Esher, May 10th to 13th. Look us up if you plan to be there. You could even pencil in an appointment. (So often the people I'm looking forward to catching up with turn up just as I've gone for a wander).

AND FINALLY...

Let's remember David Brent's wisdom (from The Office):

Lack of planning on your part does not constitute an emergency on my part.

Make good use of your cylindrical filing unit (the one you keep under your desk).

Process and procedure are the last hiding place of people without the wit or wisdom to do their job properly.

What does a squirrel do in the summer? It buries nuts. Why? Cos then in winter he's got something to eat and he won't die. So, collecting nuts in the summer is good work. Every task you do, think: would a squirrel do that? Think squirrels, think nuts.

If you can keep your head when all around you are losing theirs, you probably haven't understood the seriousness of the situation.

If your boss is getting you down, look at him through the prongs of a fork and imagine him in jail.

Remember the 3 golden rules:

1. It was like that when I got here;
2. I didn't do it;
3.(To your boss) I like your style.

And an elegant one I couldn't resist from Peter Ustinov:

I sometimes wish my father realised he was poor instead of being that most nerve racking of phenomena; a rich man without money.

YOUR HELP NEEDED!
We took on 65 new clients last year. This is fantastic. But we lost 15, through mergers, closures etc. We can take good care of another 100 clients this year. If we've given you good service could you tell a friend? If we didn't, please tell us.