BWB highlights

The Department for Culture, Media and Sport, in conjunction with the Office for Civil Society, has produced a five point list to help civil society organisations prepare for Brexit.

Have you got a novel idea to drive forward social change? Apply to the Stephen Lloyd Awards. For more details, please scroll down.


At a glance

The Ministry for Housing, Communities and Local Government has published “Community engagement and EU Exit: guidance for local authorities”.

ACEVO, NCVO and Lloyds Bank Foundation for England and Wales have announced “Rebalancing the relationship”, a new project on commissioning.

The Home Secretary has boosted funding for next year’s places of worship protective security.

The government has announced 10,000 children are to benefit from a new £5 million performing arts programme.


Charity Commission

Inquiry reports

The commission has published its inquiry report into Suyuti Institute (1151600). The inquiry concluded that the trustees had breached their duties on a number of occasions, resulting in misconduct and mismanagement in the administration of the charity. The commission said that the two founding trustees had transferred liability for repaying the mortgage on a property owned by the wife of one of the trustees to the charity, resulting in significant private benefit. The commission used its powers to suspend and then remove the two individuals as trustees of the charity, which means they are disqualified from being trustees, or from holding senior management functions in any charity in England and Wales.

The commission has also published its inquiry report into Khatme Nubuwwat Centre (328715). The inquiry was prompted following a compliance visit to the charity after a news article published in April 2016 alleged the charity was displaying literature calling for the killing of members of the Ahmadi community. The commission found further serious regulatory concerns in relation to the trustees’ administration and management of the charity. The commission issued an order to the charity’s trustees under section 84 of the Charities Act 2011 directing the trustees to complete a series of actions intended to improve the administration and governance of the charity. The trustees failed to carry out all of the actions in the direction and the commission said that this constituted misconduct and mismanagement in the administration of the charity. The commission acknowledged that the trustees made some changes and improvements to the charity. In February 2019, the commission issued the charity’s trustees with an official warning under section 75A of the Act. The warning, which was issued due to the trustees’ failure to ensure its accounts and annual documents were filed on time, sets out that the trustees must take all reasonable steps to ensure future returns are submitted on time.

Safer giving

The commission has issued safer giving advice in relation to the Cyclone Idai appeal.


Governance

The new governance model proposed by Bates Wells’ Partner Philip Kirkpatrick is reported in detail in NCVO’s latest Governance round-up.


Brexit

Charity sector

The Department for Culture, Media and Sport, in conjunction with the Office for Civil Society, has produced a five point list to help civil society organisations prepare for Brexit. This advice covers:

  • If your organisation employs EU staff or has EU volunteers;
  • If your organisation receives EU funding;
  • If your organisation receives any personal data from the EU;
  • If your organisation imports or exports goods with the EU; and
  • Customs, excise, VAT and regulatory changes.

Education

The Guardian has reported that 17,000 UK students are still facing uncertainty over the Erasmus scheme post Brexit. Whilst the European Parliament voted last week to guarantee funding for UK students already studying abroad (and European students studying in the UK), there has been no further comment on students who were expecting to begin a year on the scheme in September. A technical note, published by the government at the end of January, failed to guarantee any funding for the scheme if Britain leaves the EU with no deal.

The Scottish government has published an action plan for further and higher education to try and mitigate the impact of Brexit on the sector within Scotland. The key issues listed by the plan are to protect Scottish students studying and researching in Europe and to ensure Scotland is still able to collaborate with European partners.

Health

The Scottish newspaper The National reports Brendan O’Hara, an SNP MP, has called for the government to have an independent review of the impact of Brexit on the health and social care services. The bill (European Union Withdrawal – Evaluation of Effects on health and social care sectors – Bill 2017-2019) was due to be discussed in its second reading in the House of Commons last week and has been backed by over 100 third sector organisations including Unison and the Royal College of Nursing.

Homecare have released an article stating that the staff turnover in the social care sector is the highest within all the sectors in the UK with one in three workers leaving ever year. The article cites Brexit as having a major impact on the free movement of care staff and recommends that the government rethink their position on post-Brexit immigration in light of the significant staff shortages. For the full study by the Care Association Alliance mentioned within the article, see here.

The government has published a letter to adult social care providers giving them an update on supply continuity of medicines and medical products if the UK leaves the EU with no deal.

Local authorities and Brexit

The Ministry for Housing, Communities and Local Government has published Community engagement and EU Exit: guidance for local authorities. The guidance is intended to advise local authorities on the ways that they can understand, engage and reassure their communities in the lead-up to Brexit and beyond.

Data protection

The ICO has published guidance and resources for organisations post Brexit.

Contract

Local Government Lawyer has reported that the High Court has granted the European Medicine Agency permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.


Safeguarding

The government and The National Lottery Community Fund are investing £1.2 million to develop new training to improve charities’ knowledge of safeguarding requirements. The National Council for Voluntary Organisations will bring together a partnership of organisations to develop the training.


Data protection

See under Brexit above.

Fines

The ICO has fined Vote Leave £40,000 for sending out nearly 200,000 unsolicited text messages prior to the 2016 EU referendum.

Two individuals have been fined for breaching data protection laws. One was employed at the Heart of England NHS Foundation Trust (HEFT) when she unlawfully accessed the personal records of 14 individuals. She was fined £1,000, with a £50 victim surcharge, and was ordered to pay £590 towards prosecution costs. Another forwarded several work emails containing personal data of customers and other employees to her personal email account weeks before resigning from her job. She was fined £200, with a £30 victim surcharge, and was ordered to pay £590 towards prosecution costs.


Education

See under Brexit above.

Schools

See under Culture and creative below.

Further education

Apprenticeship and Skills Minister Anne Milton has announced the second round of colleges to receive funding from the Strategic College Improvement Fund.

Higher education

Education Secretary Damian Hinds is calling for universities to end grade inflation, by curbing unexplained increases in firsts and 2:1s awarded.

The International Center for Not-for-Profit Law has published “Closing Academic Space: Repressive State Practices in Legislative, Regulatory and Other Restrictions on Higher Education Institutions.” ICNL says the report, authored by Kirsten Roberts Lyer and Aron Suba, seeks to understand the ways in which governments are repressing university au­tonomy and closing academic space.


Youth services

The charity Impetus, working in partnership with the Early Intervention Foundation and the Social Investment Business will deliver a £200m Youth Endowment Fund – part of the government’s long term plan to tackle serious violence. The fund will support programmes and community partnerships working with children at risk of being drawn into crime and violence.


Health

See under Brexit above.


Social fiance

Gorgi Krlev of Oxford University’s Said Business School writes for Pioneers Post about some of the key issues with impact investing that were raised during the OECD’s Private Finance for Sustainable Development Week in January.

Nick Temple, CEO of Social Investment Business, considers the new Youth Endowment Fund and how it is intended to address youth offending in England and Wales over 10 years through a partnership between the Early Intervention Foundation, Impetus and Social Investment Business.

CAF Venturesome’s blog describes a new funding offer for CLTs at the pre-planning stage, involving a mixture of grants and loans.

Danyal Sattar, Big Issue Invest’s CEO, has written a blog considering whether the impact investing market is passing by the sector that BII seeks to serve, which needs intermediaries to ensure access to finance at the smaller scale.

CAF Venturesome's blog offers social finance predictions for 2019.


Commissioning

ACEVO, NCVO and Lloyds Bank Foundation for England and Wales have announced a new project on commissioning. ACEVO says the project, known as ‘Rebalancing the Relationship’, aims to ‘look under the bonnet’ of current bidding and commissioning practices. There will be a call for evidence in coming weeks with a research report expected in the autumn.


International development

Civil Society Media reports on a speech by International development secretary Penny Mordaunt at the BOND conference. Ms Mordaunt said “We have already piloted a small charities fund and this summer we will be launching an improved fund in full. It will be nimbler, easier to apply to, open, and have a rolling application process.”


Faith based organisations

The Home Secretary has boosted funding for next year’s places of worship protective security to £1.6 million to reassure communities and safeguard mosques and other places of worship. This is double the amount awarded last year. In addition a new £5 million fund will be opened to provide security training.


Culture and creative

The government has announced 10,000 children are to benefit from a new £5 million performing arts programme. The BRIT School, BBC North and the Lowry Trust are to partner with schools across the country to set up Youth Performance Partnerships.

The House of Commons Digital, Culture, Media and Sport Committee has published a report on how the government could stimulate and support the live music sector. The report includes recommendations on matters such as competition in the live music industry, fraudulent reselling of tickets, the strengthening of the live music scene outside those geographical areas where it has traditionally thrived, and the protection of small music venues.


Northern Ireland

CCNI has announced the appointments of two new commissioners from 1 March and is also now advertising for a new Chief Commissioner.


Stephen Lloyd Awards

Applications are almost closing for the 2019 Stephen Lloyd Awards in search of entrants with an early stage project addressing a social problem in an innovative manner. Anyone with a unique idea with a vision for systemic change, are encouraged to apply before 5 April. The Awards provides emerging innovations with the vital encouragement needed to cultivate their ideas and spread their impact. Winners will receive funding of up to £20,000, along with valuable pro bono support from experts in the social enterprise sector.

For full details on the application process and how to apply, please visit www.stephenlloydawards.org or email Mona Rahman at info@stephenlloydawards.org.

 


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Christine Rigby

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Posted on 27/03/2019 in Legal Updates

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