Bates Wells Briefing for Charities & Social Enterprises | 2 June

Our weekly round up of news and updates from across the sector.

Services
Charity
Sectors
Not For Profit
Type
News

Bates Wells highlights

The Charities Bill is underway.  See today’s Briefing for next steps.

Due to holidays in our team here, we won’t be sending out our Briefing next week.  The next one will come out the week beginning 14th June. 


At a glance

The Court of Appeal has given judgment in a case about charity eligibility for rate relief.

Pro Bono Economics has published a report “Setting Lockdown Savings Free” which covers ways to encourage households that have saved money during COVID-19 to donate to charity. 

Co-ops UK has developed a guide for community benefit societies in financial strife.

The National Governance Association (in collaboration with a number of arts associations) has published four guides on cultural education, dance, arts and design and music, which are intended to help school governing boards support their school/trust’s arts and cultural provision.


Charities Bill

The Charities Bill had its first reading in the House of Lords last week.  The text of the Bill is here and the progress of the Bill will be shown on this Parliamentary webpage.

We are still trying to get a feel for timings of the Bill becoming law and coming into force.  We will update via this Briefing as and when this becomes clearer.  The Bill will be following a Law Commission Special Parliamentary procedure as it is considered uncontroversial and only implements Law Commission recommendations.   


Charity Commission

Responsible investment consultation

Civil Society summarises here responses to the consultation made by a number of sector groups. 

Regulatory compliance and inquiry case outcomes

The Commission has published:

  • A press release about To Inspire (formerly Chaigley Trust).  The commission opened a compliance case into the charity in response to concerns about To Inspire’s governance, how the proceeds of the sale of Chaigley Manor (the former headquarters) had been used, whether robust financial controls were in place and whether funds may had been misappropriated.
  • An inquiry report into The National Equine Training Trust.  The commission was alerted after a neighbour of property owned by the charity, filed an adverse possession claim to take ownership of the land on the basis of use of the land for several years,. The trustees had not responded to these proceedings.  The commission took action to intervene in the proceedings to protect the land that belonged to the charity. As a result, the possession claim was struck out, ensuring the land remained in the charity’s possession.

Community benefit societies

Insolvency

Co-ops UK has developed a guide to assist societies in financial strife.  It also has plans to update the Community Shares Handbook with further information about insolvency, alongside reviewing its Finance Toolkit.

Update from the Regulator

The Financial Conduct Authority has published a summary of its regulation of mutual societies over the last year, the Mutual Societies registration function update for 2020-21


Charity law cases

The Court of Appeal has given judgment in a case about charity eligibility for rate relief, London Borough of Merton v Nuffield Health [2021] EWCA Civ 826.  The London Borough of Merton appealed against a High Court decision that Nuffield Health (a charity) was entitled to mandatory relief from non-domestic rates in respect of a Nuffield Health gym in Merton.  The Court of Appeal decided that:

  • if the public benefit test were applied to the site in Merton (a fitness and well-being centre), Nuffield Health had not shown that the public benefit test was satisfied. 
  • However the question of public benefit did not need be assessed separately for each site on which a charity carries out its charitable activity.  Therefore Nuffield Health was entitled to rate relief for the site. 

Sector General

14th – 19th June is Small Charity Week.  See here for some social media badges you can use on Facebook, Twitter and Instagram. 


Data protection

The Information Commissioner’s Office has published these blogs relating to the Children’s Code:


Fundraising

Return to face to face fundraising

Civil Society Media reports several charities have announced they will be hosting face-to-face fundraising events, as the lockdown restrictions begin to lift.

Match funding

See here for a blog from CAF about maximising match-funding opportunities. 

Pro Bono Economics has published a report “Setting Lockdown Savings Free” about ways to encourage households that have saved money during COVID-19 to donate to charity.  The report includes that government might consider introducing a match-funding programme as an alternative to Gift Aid reform.

Fundraising in the arts sector

The Chartered Institute of Fundraising has published these results of a 2020 survey of fundraising by arts organisations during the pandemic. 


Social investment and social impact investing

Cambridge Centre for Strategic Philanthropy (CSP) and EVPA launch collaborative study on research interests in emerging market philanthropy. The CSP and EVPA will be running a focus group of European ‘investors for impact’ interested in emerging markets, in order to help inform the research agenda in this area, and are inviting expressions of interest from possible participants.


Social enterprise sector news

Groundwork joins the Environment Development Programme as the sector partner. From 15 June 2021, environmental charities and social enterprises can apply for support to strengthen their trading models, as part of the Enterprise Development Programme (EDP). The charity Groundwork will work with environmental organisations to help them become more financially sustainable.


Education

Schools

The ESFA has published its latest update on academies.

Ofsted has published its review into what constitutes high-quality mathematics teaching, assessment and curriculum.

Ofqual has launched an interactive tool that provides a visual overview of statistical trends relating to GCSEs, AS and A levels.

The National Governance Association (in collaboration with a number of arts associations) has published four guides on cultural education, dance, arts and design and music, which are intended to help governing boards support their school/trust’s arts and cultural provision.

Further Education

The ESFA has published its latest update on further education.

The Department for Work and Pensions has partnered with Google to provide jobseekers with scholarships and courses specialising in technology and IT; these do not require relevant experience or a degree, but are recognised by employers and industry experts. Universal Credit claimants will be referred to the scholarships by their Work Coach.

Colleges have signed up to publish their ethnicity data, revealing the pay gaps between their staff’s ethnic groups, in a bid to increase diversity and tackle inequality.

Higher Education

Although the deadline has now passed, full time undergraduate students are still being encouraged to apply to the Student Loans Company for student finance as they can receive a basic funding package at the start of term (if eligible).  

The OfS has called for more support for mature applicants and the particular challenges they face as this year the number of adult learners applying for full-time study has increased by 24%.


Culture and creative

Culture Secretary Oliver Dowden has launched the search for UK City of Culture 2025.  For the first time, groups of towns will now be able to join together and apply for the title to be awarded to their local area.


Companies House

Extension of Companies House PROOF Service

With effect from 1 June the Companies House protected online filing system (PROOF) can be used for change of name items including any special resolution for name change and form NM01 (notice of change of name by resolution).  PROOF is an optional system intended to provide reassurance against potential fraudulent filing of documents on companies’ public records.

When a company has joined PROOF it can only file certain items online using its unique authentication code. Changes to officers or their details and changes to a registered office address are the other items. All other filing is still carried out by standard Companies House online Webfiling (with the security of the company’s unique authentication code) or other available options. Once a company has opted into PROOF if a paper alternative to a relevant item is filed it will be rejected, unless the company has given previous authority for the paper filing to Companies House. Note PROOF is optional and a company in the PROOF system can opt to leave it and return to standard online and other filing options if it wishes.

Our Bates Wells Company and Charity Secretarial Service can relieve you of dealing with notification of events and changes to Companies House and, for charities, the Charity Commission (an annual fee applies). For details contact [email protected] or call +44(0)20 7551 7748


Scotland

The Scottish Government has announced that George Walker has been appointed as interim Chair of the Scottish Charity Regulator (OSCR). This appointment will be for one year in order to allow the organisation to appoint a permanent replacement for Lindsay Montgomery CBE, who resigned as OSCR Chair in March this year. (See OSCR’s website)

In OSCR’s latest blog, Alison Stone from the Scottish Business Resilience Centre, talks about reputation management after a cyber attack, the tools organisations can use to inform advance thinking and what to do if you do become a victim of a cyber attack.


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This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.

All content on this page is correct as of June 1, 2021.