Legal and Organisational Issues
If you want to start a group for young people
there are a number of requirements to consider.
Under the Rehabilitation of Offenders Act
1974 the Criminal Records Bureau – the CRB must check
volunteers. There is a cost implication to this and checks
are only available through an organisation that has registered
with them.
For more information contact your local Council
for Voluntary Services, Rural Community Council or contact
the CRB direct on 0870 9090811 or visit their website www.crb.gov.uk
Insurance
To find out what kind of insurance you will
need, contact your local Council for Voluntary Services.
They will help you find what insurance is required and who
to go to for it.
Constitutions
As a group you will need to have a written
constitution, this is a document stating your aims and objectives.
(see sample constitution later on in this section). For
more information and help in putting your constitution together
contact either your local CVS or Rural Community Council.
Child Protection
You will need to show as a group that you
are aware of child protection issues. The following documents
will help.
SAMPLE CONSTITUTION
Introduction
This sample constitution has objects recognised
as charitable but has not been submitted for approval as
a model to the Charity Commission. It is designed for small,
very local organisations and can be adapted to suit local
circumstances.
The constitution
1. NAME:
The name of the Association shall be the ………………………………………...............................................
2. OBJECTS:
The objects of the Association shall be to
promote the benefit of the inhabitants of the ………………..
area without distinction of sex or political, religious
or other opinions by associating the local authorities,
voluntary organisations and inhabitants in a common effort
to advance education and to improve the physical and economic
conditions of life in the ………………..
area and to provide facilities in the interests of social
welfare for recreation and leisure-time occupation with
the object of improving the conditions of life for the inhabitants
of ……………..… and surrounding
areas.
The Association shall be non-party in politics
and non-sectarian in religion. The Association shall have
the power to affiliate to Community Matters or to other
organisations with similar charitable objects.
3. MEMBERSHIP:
Membership of the Association shall be open,
irrespective of political party, nationality, religious
opinion, race, sex or colour to:-
a) All persons 18 years old
and over living in …………………,
who shall be called Full Members. Persons under the age
of 18 may be admitted into junior membership as and when
and subject to such conditions as the General Committee
may decide.
b) Well-wishers anywhere,
who shall be called Associate Members. Associate members
shall not have the right to vote at Members’ meetings.
4. TERMINATION OF MEMBERSHIP:
The General Committee shall have the right,
for good and sufficient reason, to exclude from meetings
an individual member, provided that the individual member
shall have the right to be heard by the General Committee
before a decision is made.
5. SECTIONS:
Sections shall be such groups as may, with
the permission of the General committee, be formed within
the Association from amongst the individual members, for
the furtherance of a common activity. Each Section shall
be eligible to appoint one representative to the General
Committee.
The General Committee may determine the powers
and terms of reference of any Section and the duration of
its activities.
6. GENERAL COMMITTEE:
a) The policy and general
management of the affairs of the Association shall be conducted
by a General Committee, which shall be responsible to the
General Meeting of the Association.
b) The General Committee
shall consist of the Honorary Officers elected under clause
7, Section representatives appointed in accordance with
clause 5 and up to …… representatives of individual
members elected by and at the Annual General Meeting.
c) In addition, the General
Committee may co-opt further members, who shall not exeed
one-third of the total membership of the Committee as defined
above.
If vacancies occur among its members, the
General Committee shall have the power to fill these from
amongst the members of the Association.
The General Committee shall have the power
to appoint such sub-committees as it may from time to time
determine and may determine their powers and terms of reference.
7. HONORARY OFFICERS:
The Annual General Meeting shall elect the
following Honorary Officers of the Association from amongst
those eligible for election to the General Committee:
A Chair, a Vice-Chair, a Secretary, a Treasurer
and other Officers (such as a Publicity Officer) as it may
from time to time determine. The Honorary Officers shall
serve in their respective capacities as Officers of the
General Committee.
In the event of a vacancy occurring among
the Honorary Officers, the General Committee shall have
power to fill such vacancy from its own members or those
of the Association.
8. ANNUAL GENERAL MEETING:
Once in each year, in the month of ………………..,
the General Committee shall convene an Annual General meeting
of the Association for the purpose of receiving the Annual
Report of the General Committee and the audited or independently
examined Statement of Accounts; of electing the Honorary
Officers; of electing the representatives of individual
members to serve on the General Committee; of appointing
auditors or independent examiners; and of considering, whenever
necessary, proposals to amend this Constitution and other
business of which due notice has been received.
9. SPECIAL GENERAL MEETING:
The Chair of the Association or the Secretary
may at any time at their discretion, and shall within 21
days of receiving a written request to do so, signed by
not less than 20 members having the power to vote and giving
reasons for the request, call a special General Meeting
of the Association for the purposes of altering the Constitution
in accordance with Clause 13 hereof or of considering any
other matter which may be referred to it by the General
Committee or for any other purpose.
10. RULES OF PROCEDURE:
a) Voting: Subject
to the provisions of Clause 13, all questions arising at
any meeting shall be decided by a simple majority of those
present and entitled to vote thereat. No member shall exercise
more than one vote, but in the case of an equality of votes
the Chair shall have a second or casting vote.
b) Quorum:
One-third of the members shall form a quorum at meetings
of the General Committee and all other Committees. Twenty-five
members or one-third of the members, whichever is the less,
shall form a quorum at General Meetings of the Association.
c) Minutes: Minute
books shall be kept by the Association, the General Committee
and any sub-committees which may have been established,
and the appropriate Secretary shall enter therein a record
of all proceedings and resolutions.
11. FINANCE:
a) All monies raised by or
on behalf of the Association shall be applied to further
the objects of the Association and for no other purpose.
b) The Treasurer shall keep
proper account of the finances of the Association and shall
open a bank account in the name of the Association.
c) The accounts shall be
audited or examined at least once a year by auditors/or
independent examiners appointed by the Annual General Meeting.
12. DISSOLUTION:
If the General Committee, by a simple majority,
decides at any time that on the ground of expense or otherwise
it is necessary or advisable to dissolve the Association
it shall call a meeting of all members of the Association
who have the power to vote and of the inhabitants of the
……………….. area, of which
meeting not less than 21 days notice stating the terms of
the resolution to be proposed thereat shall be posted in
a conspicuous place or places in the area and given in writing
to the Charity Commissioners for England and Wales and any
national body to which the Association is affiliated. If
such a resolution shall be confirmed by a simple majority
of those present and voting at such meeting the General
Committee shall have power to dispose of any assets held
by or in the name of the Association. Any assets remaining
after the satisfaction of any proper debts and liabilities
shall be applied towards charitable purposes for the benefit
of the inhabitants of ………………..
as the General Committee may decide and, if relevant, as
may be approved by the Charity Commissioners for England
and Wales.
13. ALTERATIONS TO THE CONSTITUTION:
Any proposal to alter this Constitution must
be delivered in writing to the Secretary of the Association
not less than 28 days before the date of the meeting at
which it is first to be considered.
An alteration will require the approval of
a two-thirds majority of individual members and representatives
of the Sections of the Association present and voting at
a General meeting. Notice of each such meeting must have
been given in accordance with normal procedure, but not
less than 14 days prior to the meeting in question and giving
the wording of the proposed alteration.
THIS CONSTITUTION was adopted as the Constitution
of the ___________________
Association at a Public Meeting held at ______________________________________
on __________________ 20______
Signed: ______________________________________________ (Chair)
__________________________________________
(Secretary)
Officers and their Duties
The Essential
Officers
As with any other organisation, the minimum
number of officers for a Community Association is the usual
three – Chair, Secretary and Treasurer. However, the
work of the association can more efficiently be performed
by sharing it out amongst a larger number of officers. Indeed,
community association constitutions make express provision
for the appointment of further officers by the Annual General
Meeting and, in constitutions based on the model document
issued by NFCO prior to July 1983, by the main committee.
One additional officer which all associations
should appoint is a Vice-Chair to act in the Chair’s
absence or incapacity.
Additional Officers
These are appointed for two reasons: to share
out the executive work of the association which would otherwise
fall to the officers already mentioned, and/or to afford
some recognition to people who have served, or are serving,
the association in various ways.
Most associations have a President, and other
officers which many associations find it useful to appoint
are Assistant Secretary (or Minutes Secretary), Membership
Secretary and, where the association has a centre, a Lettings
officer or Bookings Secretary. This list assumes that the
work of the association is carried out by honorary officers.
(Just because “honorary” officers are unpaid
does not mean that they should be out-of-pocket as a result
of their work for the association! Expenses should be recorded
by the officer concerned and she/he should be reimbursed
at suitable intervals).
Where there is a paid Secretary or Warden
it may well be that she/he undertakes some of the duties
which would otherwise fall on a voluntary officer. A further
reference to paid officers of the association will be found
at the end of this Information Sheet.
Electing Additional Officers
The provisions of the model constitution for
a community association have been altered from time to time
so do check your own constitution. This will tell you whether
additional officers can be elected by your association’s
main committee as well as by the Annual General Meeting
and whether they are ex-officio members of the committee
and/or any sub-committees.
Other Voluntary Workers
Even the above list of officers in no way
covers the detailed responsibilities of a busy association.
Sharing out this work may well involve appointing people
to organise social activities, run the canteen or bar, edit
and distribute a news sheet or magazine, and organise contacts
with the housebound and with sick members. Such key workers
may be elected as honorary officers of the association if
you so wish, but you need to bear in mind the question of
how many people will thus become ex-officio members of your
committee(s) – whether they want to be or not! In
some instances it will be better to specify who does what
for the CA without actually making the person concerned
one of its officers. For example, the General Committee,
in appointing a sub-committee, can designate one of the
sub-committee members to be its organiser, secretary or
chair, (e.g. in the Minute appointing members to the Social
Committee for the current year, Hilary Brown is named as
the Social Secretary).
Where the detailed work of running a CA activity
is entrusted to a section of the association, it is usual
for the members concerned to appoint their own section leaders
or officers, so this need not concern the main committee.
The Constitutional Provisions
All versions of the model constitution issued
since July 1983 state that the Annual General Meeting shall
elect a Chair, Vice-Chair, Treasurer and Secretary, who
shall serve in that capacity as officers of the General
Committee. The AGM may also elect such other honorary officers
of the association as it may from time to time decide. The
General Committee, in appointing sub-committees, decides
which (if any) of the association officers shall be members.
Unless your constitution states otherwise,
officers are elected annually. But how long they actually
serve in practice will depend on the availability of suitable
candidates and the attitude of the association itself. Some
CAs have a Standing Order limiting the maximum number of
years a member may serve as an officer, in order to let
it be seen that the association is not run by a self-perpetuating
group, and to introduce new blood. This is a matter for
the association itself to decide.
The Officers – one by one!
The list of officers which follows may seem
very long to associations finding it difficult to recruit
volunteers. But it may be easier in the long run to ask
more people to do some work, rather than overload two or
three!
The President: Often
someone of standing in the town or neighbourhood who presides
at the Annual General Meeting of the CA and is naturally
invited to officiate at major special events as well as
to attend all meetings of the CA committee. The extent to
which a President is able to take part in the day-to-day
affairs of the association will obviously depend on his/her
other commitments – on the whole, the more important
a personality he or she is, the less time he/she will be
able to devote to the affairs of any one association or
society.
When the President (or Vice-President) is
asked to officiate at a function, meet important visitors,
or lead a deputation, it is essential that he/she is properly
briefed in advance – a job for the CA Secretary or
Chair.
Vice Presidents: Some
associations elect Vice Presidents as recognition for past
services to the association, whether in the form of devoted
hard work as a previous officer, or of financial contributions.
The only practical limitation to the number
of Vice Presidents is that, as already mentioned, they will
probably be ex-officio members of the CA’s main committee,
and possibly of all its sub-committees. It may, therefore,
be better to give recognition by offering an honorary life
membership instead.
Where Vice Presidents are appointed their
interest should be retained by using them in the capacity
their title indicates, in other words, to officiate at a
function in the absence of the President.
The Chair: The duties
of the Chair are well known to committee members. He/she
is in control at meetings of the committee, to ensure that
all are heard and that a decision is made on all business
brought before the meeting. To do this diplomatically and
tactfully, and to achieve acceptable compromises where necessary,
requires somebody of quite exceptional capabilities. So,
whilst we all know what the Chair does, the choice of a
suitable person can sometimes be a most difficult task.
Vice Chair: This
officer has already been referred to; he/she needs at least
some of the qualities of the Chair for whom he/she will
have to deputise from time to time. The Vice Chair may be
regarded as a useful training ground for a potential future
Chair, either of the association or of some important section
or sub-committee. For this reason some associations appoint
more than one Vice Chair, and others elect new persons to
the post quite frequently.
The Secretary: is
the main executive officer of the association. The entire
work of the association will therefore depend to a large
degree on the Secretary’s efficiency. He/she is the
person who writes and receives letters on behalf of the
association and is frequently the first to make contact
with those outside it. Together with the Chair, he/she can
do a great deal to create and maintain a team spirit amongst
the members of the committee, and, because he/she knows
all that goes on in the association, can make sure that
the committee is kept informed, particularly where its help
and guidance is needed.
Whatever the size of the committee, the Secretary
should establish good personal relations with all its members,
and particularly with the Chair, Treasurer and other officers.
Consultation with the Chair should be as frequent as possible,
and all matters affecting the finance of the association
should also be discussed with the Treasurer.
It goes without saying that the association must use the
person best suited for the job and do all it can to lighten
his/her load by delegating certain duties to other officers.
Assistant or Minutes Secretary:
It is almost impossible for the Secretary to keep a committee
meeting informed as to progress, listen to what others are
saying and, simultaneously attempt to take notes of proceedings.
The Association (or the committee concerned) should, therefore,
try to find an assistant, less involved in the actual administration
of its affairs, who will be able to take concise notes to
form the basis of the Minutes. This person may also be able
to assist the Secretary in other ways, such as their duplication
and distribution.
The Treasurer: is
elected by the Annual General Meeting, as he/she is responsible
to the members for the safe-keeping of the association’s
funds. It is essential that the membership realises that
this is a responsible job, involving the keeping of accounts;
presenting reports to committees at agreed intervals; passing
on books to, and co-operating with, the auditors; presenting
the balance sheet and financial report at the Annual General
Meeting; submitting budgets to the CA committee; and operating
agreed procedures with sections and sub-committees which
are themselves accumulating and spending money on the association’s
behalf.
Publicity/Public Relations Officer:
Every association should attempt to enlist the services
of someone responsible for this important part of its work.
Ideally a person with some contacts with the local press
and/or radio station, or with some experience in preparing
news items, is required. The person concerned will have
to consult with the other CA officers as to what aspects
of the association’s work require publicity, and prepare
suitable news items, statements and advertisements. “Letters
to the Editor” should not be overlooked, though these
should be signed by the Secretary or Chair.
Where an association issues a magazine or
news sheet, its contents can form a valuable part of the
CA’s publicity. Even if there is a separate editor,
he/she will have to work very closely with the Publicity/Public
Relations Officer.
The Membership Secretary:
keeps a register of current members – this need not
necessarily be in the form of a book; many associations
find it more convenient to use an alphabetical card index.
Whatever the system used, there should be
a clear indication as to each member’s address, whether
he/she has paid the current subscription and, if possible,
a note of the section(s) and interest(s) he/she regularly
supports. This is particularly valuable where sections are
asked to collect the association membership fees from the
section members at the beginning of a new membership period.
As some members belong to more than one section, the Membership
Secretary can then inform the section leader which of his/her
members have already paid through another section.
The Lettings Officer: sometimes
known as the Bookings Secretary – must be readily
available to enquirers by attending the centre regularly
at known times and/or by being able to answer enquiries
by telephone. He/she must maintain a diary of bookings and
will be responsible for the collection of deposits and rents,
which must be passed on to the Treasurer at regular intervals.
The work of the lettings Officer is greatly
eased when the association committee issues clear-cut rules
regarding the use of the centre, and where copies of lettings
agreements/booking forms are available for his/her use.
Some associations appoint a small Programme
or lettings Sub-committee, which not only makes periodic
allocations of centre rooms, but can also be convened as
required to adjudicate between two or more conflicting applications
for the use of centre facilities which is obviously a great
help to the Lettings Officer.
Information Officer:
This is not the same as a Publicity or Public Relations
Officer. It is someone who is willing to receive, digest
and present to the committee appropriate portions of the
written material every association receives – circulars
from the Local Authority or the National Federation, for
example. In addition, he/she should draw the attention of
the committee to items of relevance culled from the press
and radio/TV. Despite the title, this person need not be
an officer of the association; perhaps just a committee
member who has volunteered to make the Secretary’s
life a little easier!
Voluntary Wardens/Duty Stewards:
Associations with buildings but no paid Warden
will try and ensure that a responsible person is in charge
of the centre. A voluntary Warden would have overall responsibility,
although he/she could not be expected to be on the premises
all the time. The person concerned would be an officer of
the association, or appointed by its main committee.
Arrangements for a rota of duty stewards are
made by many busy associations. Some of the members on the
rota may well be officers of the association, e.g. the Hon.
Treasurer or Secretary, but this is not essential –
indeed, the idea is to spread the administrative load. A
steward on duty sees that the equipment is readily available
for the evening’s activities, takes bookings and deals
with other enquiries, receives money and locks it safely
away for the Treasurer, checks that heating appliances and
lights are switched off after use, and that the building
is securely locked at the end of the session.
Paid Officers
Associations fortunate enough to have the
services of a paid Secretary/Warden usually ask the person
concerned to undertake some duties which would otherwise
fall to honorary officers. Indeed, this may be written into
the Contract of Employment. Good working relationships between
the officers (paid or voluntary) can only be enhanced if
all are quite clear as to what is expected of them and what
their colleagues will undertake.
It should be noted by associations using post
July 1983 versions of the model constitution that the General
Committee decides which paid officers shall be invited to
attend its meetings, or those of appropriate sub-committees.
In commonsense terms this should be every committee with
whose work the paid officer is involved. Paid officers should
be allowed to contribute to proceedings of meetings to which
they are invited, but do not, of course, have voting rights.
Still More Officers?
The officers so far described in this information
sheet are those who relate directly to the main committee(s)
of the community organisation. There are usually other voluntary
officers who undertake specific tasks, but who are not necessarily
officers of the community organisation. For example, there
may well be a Catering Officer, or a Social or Sports Secretary.
The appointment of such officers may be delegated to the
appropriate sub-committee. In community organisations using
the model constitution for a Community Association the work
may be undertaken by section leaders, e.g. the sports activities
may be organised through football, table tennis and badminton
sections, making the appointment of an overall Sports Secretary
unnecessary.
Quick Reference Guide to Child Protection
for Local Network Projects
Child Protection and safety are very important
issues to consider in the setting up and running of a child-focused
project
All projects must have a child protection policy. This should
explain volunteers and workers obligations to ensure the
safety and well being of children in their care. It should
explain how your project will handle complaints and make
referrals to social services and should have details about
the person acting as the child protection co-ordinator for
your project.
Attached is a document supplied by the National
Society for the Prevention of Cruelty to Children (NSPCC).
This is an Organisational Health Check to help you design
a child protection policy for your organisation. This also
gives you details of where you can obtain further information.
Reporting Allegations
As the attached guidance states all projects
must have one person who is responsible for co-ordinating
child protection policy and monitoring its implementation
in each project. That person will normally be responsible
for taking any necessary action when abuse is seen or alleged.
Scope for abuse will be minimised if projects are run with
the safety of all its members in mind and sensible steps
are taken in dealings with children. If an allegation is
made, or concerns are raised they should always be brought
to the attention of the nominated person for child protection.
The name and contact details of this person must be supplied
to the Local Administrator before funding commences.
In the event of a complaint, projects must
take a record that includes:-
· Name of the child
· Parent’s/Carer’s details
· The child’s address
· Relevant phone numbers
· What is said to have happened or what was seen
· When it occurred
· Who else was there?
· What was said by those involved
· Whether there is any actual evidence, e.g. bruises,
bleeding, changed behaviour
· Who has been told about it
· Who was concerned?
· Was the child able to say what happened?
· Whether the parents have been advised.
Complaints Procedures
Any complaints of suspected or actual child
abuse or of children being put at risk must be taken seriously
and acted upon immediately. If somebody believes that a
child may be suffering, or may be at risk of suffering significant
harm, then he/she will need to make the Local Fund Administrator
aware. The Local Administrator should always relay the project’s
concerns to the local authority’s social services
department.
All workers/volunteers within a project will
need to note the definitions overleaf and pass on any concerns
to the nominated officer. Abuse takes many forms.
PHYSICAL ABUSE
Physical abuse may involve hitting, shaking, throwing, poisoning,
burning or scalding, drowning, suffocating or otherwise
causing physical harm to a child. Physical harm may also
be caused when a parent or carer feigns the symptoms of,
or deliberately causes ill health to a child whom they are
looking after.
EMOTIONAL ABUSE
Emotional abuse is the persistent emotional ill treatment
of a child such as to cause severe and persistent adverse
effects on the child’s emotional development. It may
involve conveying to children that they are worthless or
unloved, inadequate, or valued only insofar as they meet
the needs of another person. It may involve causing children
to frequently feel frightened or in danger, or the exploitation
or corruption of children.
SEXUAL ABUSE
Sexual abuse involves forcing or enticing a child or young
person to take part in sexual activities, whether or not
the child is aware of what is happening. The activities
may involve physical contact, including penetrative (e.g.
rape and buggery) or non-penetrative acts. They may include
non-contact activities, such as involving children in looking
at, or in the production of, pornographic material or watching
sexual activities, or encouraging children to behave in
sexually inappropriate ways.
NEGLECT
Neglect is the persistent failure to meet a child’s
basic physical and/or psychological needs. It may involve
a parent or carer failing to provide adequate food, shelter
and clothing, failing to protect a child from physical harm
or danger, or the failure to ensure access to appropriate
medical care or treatment. It may also include neglect of,
or unresponsiveness to, a child’s basic emotional
needs.
Further help in writing your policy can be obtained from
sources such as those detailed below (this list is not exhaustive
and CYPU are not endorsing any of the below).
· Outreach and support contact for
the fund in your area
· Your area’s Child Protection Committee (contact
details can be obtained from your local authority), or the
local Council for Voluntary Service (CVS).
· Various publications:_
The Barnardos website contains lots of useful
information including a report called “Protecting
Children” (available from kwww.barnardos.org.uk
or the information office on 020 8550 8822)
“Safe from Harm” (available on
www.homeoffice.gov.uk
or 020 7273 4000)
The Protection of Children Act 1999 (available
from www.doh.gov.uk/scg/childprotect
or Dept of Health, PO Box 777, London, SE1 6XH)
”Working Together to Safeguard Children”
(available from www.doh.gov.uk/quality5.htm
or 0870 600 5522)
