The Regulator for Charities in England and Wales
(Version December 2003)
The following lists provide trustees with questions that they may find useful to ask themselves at various stages of their charity's development. The points covered have been drawn from our casework and from the responses to our survey. They are included here as a resource to help trustees as one part of their wider consideration of an issue. They should be regarded as a starting point and not the last word on a particular issue. Relevant Commission publications in which further guidance can be found appear in brackets.
The data used in this report was derived from the Charity Commission’s records and extensive casework archive. Meetings with individual charities and umbrella bodies also informed the research. In addition, Martin Hamblin GfK, an independent research company, undertook a postal survey of over 4000 charities registered with the Charity Commission in 1995. The survey achieved a response rate of 35%.
Table 1: Year in which surveyed charities were established (not necessarily year registered).
|
Year established |
Number of charities |
% |
| Before 1900 |
40 |
3 |
| 1900-1970 |
321 |
20 |
| 1971-1980 |
145 |
9 |
| 1981-1990 |
281 |
17 |
| 1991-1995 |
626 |
38 |
| 1996-2002 |
80 |
5 |
| Not answered |
129 |
8 |
|
Base: 1622 |
Table 2: Current sources of income and sources that charities would like to develop.
|
Income source |
% charities with each income source | % charities with each as MAIN income source | Sources charities would like to develop (%) | Sources charities have ability to develop (%)* |
| Contract |
10 |
5 |
7 |
5 |
| Donors |
56 |
24 |
24 |
15 |
| Grants |
37 |
15 |
26 |
14 |
| Investments |
18 |
7 |
4 |
3 |
| Members |
39 |
22 |
11 |
11 |
| Trading subsidiary |
4 |
1 |
4 |
3 |
| Rent |
1 |
1 |
0.2 |
0.2 |
| Fees/sales |
25 |
15 |
5 |
6 |
| Sponsorship |
1 |
0.2 |
0.2 |
0.2 |
| Nothing |
0.2 |
- |
0.1 |
0.2 |
| Others |
- |
- |
- |
- |
| Don’t know |
- |
- |
0.1 |
0.1 |
| Not answered |
4 |
11 |
51 |
64 |
| Base: 1622 |
* Columns may add up to more than 100% because respondents could give more than one answer.
Table 3: Extent of grant funding.
|
% of charities | |
| Currently grant funded |
25 |
| Have been grant funded but not at present |
16 |
| Never been grant funded |
55 |
| Not answered |
4 |
| Base: 1622 |
Table 4: What charities request and receive grant funding for.
|
% charities requested* |
% charities received* |
% found it most difficult source to secure* | |
| Project costs plus related core costs |
46 |
41 |
17 |
| Project costs only |
39 |
41 |
5 |
| General running costs |
46 |
40 |
34 |
| Feasibility study costs |
8 |
7 |
2 |
| Consultancy fees |
8 |
7 |
1 |
| Financial aid for transport |
1 |
1 |
1 |
| Building work/ refurbishment |
1 |
1 |
- |
| Equipment |
1 |
1 |
- |
| Never had difficulty securing funding |
- |
- |
11 |
| Not answered |
- |
- |
33 |
| Base: 663 |
*Columns may add up to more than 100% because charities could give more than one answer.
Table 5: Grant-related experience of charities.
| Experience |
% charities* |
| Directed charity’s activities so as to be eligible for a grant |
22 |
| Felt that charity’s independence was compromised by terms of a grant |
12 |
| Rejected grant funding to avoid loss of independence |
3 |
| Had difficulty responding to changes in circumstances because of grants being tightly allocated or not available |
15 |
| Had grant application turned down because of charity’s reserves |
12 |
| Had difficulty with recruitment or retention of staff |
20 |
| Found that charity’s capacity was insufficient to deliver a grant funded project |
5 |
| Had difficulty meeting costs of deficit funded project |
10 |
| Had deficit funding withheld because charity didn’t meet outcomes |
1 |
| Had difficulty meeting additional costs incurred as a result of getting a grant |
9 |
| Felt that time spent completing grant application and monitoring forms was excessive in relation to charity’s work |
40 |
| None of the above |
34 |
| Not answered |
5 |
| Base: 663 |
* Column may add up to more than 100% because respondents could give more than one answer
Table 6: Level of planning.
| Level of planning |
Total % of charities |
% of charities with employees* |
| We have a yearly and a long-term plan (e.g. 3-5 years) in place |
19 |
26 |
| We plan 1 year at a time |
30 |
33 |
| We make plans on an ad hoc basis, as seems appropriate at the time |
14 |
15 |
| We respond to events as they occur |
10 |
10 |
| We see no need for a strategic plan because activity is fairly constant |
24 |
19 |
| Others |
2 |
- |
| Not answered |
1 |
- |
| Base: 1687 |
* Column may add up to more than 100% because charities gave more than one answer.
Table 7: Type of activity by level of planning.
| Type of activity |
Level of planning (as % of total for each activity)* | ||||||
|
Yearly and longer term |
One year at a time |
On an ad hoc basis |
Respond as event occur |
No need for a strategic plan |
Others | ||
|
Total % for activity | |||||||
| Provision of financial assistance (e.g. grant awarding) |
22 |
10 |
29 |
17 |
17 |
30 |
1 |
| Provision of a service/support direct to beneficiaries (e.g. care, aid, advice education) |
65 |
23 |
32 |
14 |
8 |
24 |
2 |
| Acting as an umbrella or resource body |
5 |
29 |
26 |
20 |
10 |
17 |
1 |
| Sponsoring or undertaking research |
1.3 |
24 |
33 |
19 |
5 |
14 |
- |
| Housing/ accommodation |
0.4 |
14 |
29 |
14 |
- |
29 |
14 |
| Conservation |
1 |
7 |
21 |
29 |
21 |
29 |
- |
| Arts/theatre/choral societies/visitor attractions |
3 |
20 |
41 |
8 |
6 |
26 |
- |
| Not answered |
4 |
16 |
26 |
10 |
14 |
35 |
- |
| Base: 1622 | |||||||
* Rows may add up to more than 100% because respondents could give more than one answer.
Table 8: Factors that compromise ability to plan.
|
Total %* |
% of grant funded charities* | |
| The current level of planning is satisfactory |
43 |
28 |
| Volatility in income and/or expenditure |
26 |
34 |
| Dependence on short term grant funding |
23 |
69 |
| Daily running of the charity takes up all available resources |
22 |
40 |
| Uncertainty about beneficiaries’ future needs |
9 |
9 |
| Inability to get funding for feasibility studies or consultation work |
6 |
12 |
| Lack of specialist knowledge within charity |
6 |
6 |
| Inability to borrow money |
4 |
9 |
| Insufficient volunteer help |
1 |
1 |
| Base: 1622 |
* Columns may add up to more than 100 because respondents could give more than one answer.
Table 9: Charities that had made changes to management/governance structure or trustee board, by level of planning.
| Level of planning |
% of those that had made changes to management/ governance structure* |
% of those that had made changes to trustee board* |
| Yearly and longer term plan in place |
40 |
26 |
| Plan one year at a time |
31 |
32 |
| Plan on an ad hoc basis |
11 |
14 |
| Respond to events as they occur |
7 |
10 |
| No need for a strategic plan |
12 |
19 |
| Others |
2 |
2 |
| Base: 1622 |
* Columns may add up to more than 100% because charities could give more than one answer.
Table 10: Factors charities under- and overestimated during their development.
|
% | |||||
| Under-estimated | Accurate | Over-estimated | Don’t Know | Not answered | |
| Income |
15 |
69 |
7 |
7 |
2 |
| Expenditure |
14 |
75 |
3 |
5 |
3 |
| Complexity of accounting |
18 |
69 |
2 |
6 |
5 |
| Time required to manage the charity |
39 |
52 |
1 |
5 |
3 |
| Time required from trustees |
25 |
61 |
2 |
7 |
5 |
| Extent of regulatory and legislative requirements |
34 |
45 |
1 |
16 |
4 |
| Base: 1622 | |||||
Table 11: Events experienced that were unexpected or had unexpected consequences (open question).
| Unexpected event |
% charities that have experienced it |
| Change in govt/ council policy or legislation |
25 |
| Funding: failure to obtain/ reduction/ need for sudden increase |
39 |
| Changing costs of rent/ insurance/ maintenance of premises |
16 |
| Staff shortages/ problems |
13 |
| Others |
7 |
| Base: 261 |
Table 12: Most significant key events for charity (open question).
| Milestone event |
% charities that reported it* |
| Acquiring/ repairing/ planning/ leasing/ selling property |
30 |
| Securing grant/ contract |
25 |
| Setting up as a charity/ registration/ registration as a charitable company |
19 |
| Employing/ losing staff/ problems with staff |
12 |
| Setting/ exceeding financial targets/ thresholds |
8 |
| Base: 1622 |
* Charities could give up to 3 responses.
Table 13: Number of charities incorporated, by year established.
|
|
% established in each time frame | ||||||
|
Total % |
Before 1900 |
1900-1970 |
1971-1980 |
1981-1990 |
1991-1995 |
1996-2002 | |
| Charity is not a company |
84 |
82 |
91 |
88 |
79 |
83 |
66 |
| Charity is a company and was a company when originally registered |
9 |
5 |
2 |
3 |
9 |
13 |
23 |
| Charity is a company but originally registered as an unincorporated an later re-registered as a charitable company |
5 |
11 |
5 |
7 |
10 |
3 |
4 |
| Not answered |
2 |
2 |
2 |
2 |
2 |
1 |
7 |
| Base |
1622 |
38 |
321 |
145 |
281 |
626 |
80 |
Table 14: Main income source, by whether incorporated.
|
% charities with each main income source | |||||||
|
Contract |
Donors |
Grants |
Investments |
Members |
Trading subsidiary |
Other | |
| Charity is incorporated |
59 |
11 |
31 |
9 |
3 |
36 |
8 |
| Charity is not incorporated |
40 |
88 |
68 |
88 |
94 |
64 |
90 |
| Not answered |
1 |
1 |
1 |
3 |
3 |
0 |
2 |
| Base |
85 |
392 |
245 |
109 |
349 |
14 |
260 |
Table 15: Level of planning, by whether incorporated.
|
% with each level of planning* | ||||||
|
Yearly and longer term plan |
Plan one year at a time |
Plan on an ad hoc basis |
Respond as event occur |
No need for a strategic plan |
Others | |
| Charity is incorporated (base 224) |
53 |
23 |
11 |
4 |
10 |
2 |
| Charity is not incorporated (base 1358) |
15 |
32 |
15 |
12 |
28 |
1 |
*Rows may add up to more than 100% because some charities gave more than one answer.
Table 16: Reasons given for becoming a charitable company.
| Reason |
% charities* |
| To protect the current trustees |
60 |
| On advice from a solicitor |
49 |
| On the basis of a risk assessment |
34 |
| Because the charity employs staff |
33 |
| On advice from an umbrella body or advisory body |
30 |
| Because the charity deals with vulnerable people or expects to in the future |
26 |
| To assist in the recruitment of trustees |
22 |
| Because the charity is complex or is likely to be so in the near future |
17 |
| To create a corporate identity for holding contracts |
15 |
| To create a corporate identity for holding land and/or shares |
13 |
| Don’t know |
6 |
| Best way to manage the charity |
3 |
| For trading purposes – charging for services/rents |
1 |
| Not answered |
2 |
| Base: 224 |
* Column may add up to more than 100 because respondents could give more than one answer.
Table 17: Whether charities think incorporation was the right choice.
|
% charities | ||||
|
Yes |
No |
Don’t know |
Not answered | |
| Charitable companies |
79 |
3 |
15 |
3 |
| Base: 224 | ||||
Table 18: Charities with staff and/or volunteers, by awareness of current legislation.
| % charities confident that there is an up-to-date understanding of employment legislation within the charity. | |||||
|
Total % |
Yes |
No |
Don’t know |
NA | |
| Charities with paid staff and/or volunteers |
66 |
58 |
18 |
21 |
3 |
| Base: 1068 | |||||
Table 19: Charities that have made changes to their management/governance structure or trustee board.
| Changes made to management/ governance structure |
% charities |
Changes made to trustee board |
% charities |
| Yes, as part of a strategic plan |
14 |
Yes, as part of a strategic plan |
18 |
| Yes, in response to unforeseen factors |
8 |
Yes, in response to unforeseen factors |
19 |
| No changes made |
69 |
No changes made |
54 |
| Don’t know |
3 |
Don’t know |
3 |
| Not answered |
6 |
Not answered |
6 |
| Base: 1622 | Base: 1622 |
Table 20: Consideration of winding up
| How often does your charity conduct an assessment of whether its activities should continue? |
% charities |
| At every AGM |
22 |
| Only in a crisis |
26 |
| At regular intervals |
10 |
| Never |
7 |
| Occasionally e.g. when considering a change of direction |
22 |
| Not answered |
13 |
| Base: 1622 |
Capacity building is the development of structures, systems, skills, knowledge and resources so that charities are better able to achieve their objectives and realise their full potential.
Charitable company means a company:
and
A Governing document is any document which sets out the charity's purposes and, usually, how it is to be administered. It may be a trust deed, constitution, memorandum and articles of association, conveyance, will, Royal Charter, Scheme of the Commission, or other formal document.
Insolvency. Charitable companies are ‘legal persons’, can incur liabilities, and can become ‘insolvent’. Such a charity can be deemed insolvent either:
These two tests have a legal basis for charitable companies, as they are aspects of the definition of inability to pay debts in s.123 of the Insolvency Act.
Unincorporated charities are not ‘legal persons’ and cannot technically incur liabilities, which are instead incurred by their trustees, acting on their behalf. Unincorporated charities cannot, therefore, technically become insolvent. However, a charity may reach the financial state where the value of the assets in the trust, which are available to the trustees to settle their liabilities, are insufficient. In the context of unincorporated charities ‘insolvency’ is used to describe this situation.
Permanent endowment means property of the charity (ie land, buildings, investments or cash) which the trustees may not spend as if it were income. It must be held permanently, sometimes to be used in furthering the charity's purposes, sometimes to produce an income for the charity. Trustees cannot normally expend permanent endowment without our authority.
Primary purpose trading is a trade exercised by a charity in the course of the actual carrying out of its primary purpose. The following are examples of what might be regarded as trading in this manner:
Scheme. A Scheme is a legal document which amends, replaces or amplifies the trusts of a charity. It may be:
Subsidiary trading company means any non-charitable trading company owned by one or more charities to carry out trading activities on behalf of the charity(ies) with a view to raising funds in a tax efficient manner.
Charity trustees are the people responsible under the charity's governing document for controlling the management and administration of the charity (s.97(1) of the 1993 Act). They may be called trustees, managing trustees, committee members, governors, or directors, or they may be referred to by some other title. In the case of an unincorporated association, the members of the executive or management committee are its charity trustees; in the case of a charitable company it is the directors.
Trustee board. We use the word ‘board’ to refer to a charity’s governing body.
Unincorporated charity means a charitable trust (other than a CIF or a common deposit fund) or a charitable unincorporated association, and for present purposes includes any other charity whose property is held on a trust (eg a company incorporated by Royal Charter).
Must is used to refer to actions that trustees, or their agents or employees, are obliged to take by law.
Should is used to suggest actions which we consider to be good practice and which we expect trustees to follow.
There are many resources which charity trustees can tap into to help them manage their organisation. Whilst this is not a definitive list of all the sources of information available it does offer a useful starting point. The publications listed in Annex E may also be useful.
Further information can be obtained from the Commission:
Telephone: 0845 300 0218
Minicom: 0845 300 0219
Email
Or write to:
Charity Commission Direct
PO Box 1227
Liverpool
L69 3UG
Association of Chief Executives of Voluntary Organisations (acevo)
acevo provides good practice resources and information on sector issues.
1 New Oxford Street
London
WC1A 1NY
Tel: 0845 345 8481
www.acevo.org.uk
Association of Charitable Foundations (ACF)
ACF promotes and supports the work of charitable grant-making trusts and foundations.
Central House
14 Upper Woburn Place
London
WC1H 0AE
Tel: 020 7255 4499
www.acf.org.uk
Charities Aid Foundation (CAF)
CAF helps non-profit organisations in the UK and overseas to increase, manage and administer their resources.
25 Kings Hill Avenue
Kings Hill
West Malling
Kent
ME19 4TA
Tel: 01732 520000
Website: www.cafonline.org
Charity Finance Directors’ Group (CFDG)
CFDG provides information for its members and others on a range of issues and specialises in helping charities to manage their accounting, taxation, audit and other finance related functions. Benefits of membership include regular members' meetings, monthly mailings and access to information and services.
3rd Floor
Downstream Building
1 London Bridge
London
SE1 9BG
Tel: 0845 345 3192
E-mail: info@cfdg.org.uk
Website: www.cfdg.org.uk
Directory of Social Change (DSC)
DSC promotes positive social change and provides a wide range of resources for trustees.
|
London 24 Stephenson Way |
Liverpool Federation House |
Tel (books): 08450 77 77 77
Tel (training and events): London 020 7391 4800 & Liverpool 0151 708 0117
Website: www.dsc.org.uk
H M Revenue and Customs
For information on tax issues relating to charities.
St John’s House
Merton Road
Bootle
Merseyside L69 9BB
Tel: 0845 010 9000
Website: www.hmrc.gov.uk
Institute of Fundraising
The Institute of Fundraising aims to promote the highest standards of fund-raising practice.
Park Place
12 Lawn Lane
London
SW8 1UD
Tel: 020 7840 1000
E-mail: enquiries@institute-of-fundraising.org.uk
Website: www.institute-of-fundraising.org.uk
National Association for Voluntary and Community Action (NAVCA)
The NAVCA network provides a wide range of information and support for charities through its local CVSs.
NAVCA
The Tower
2 Furnival Square
Sheffield
S1 4QL
Tel: 0114 278 6636
E-mail: navca@navca.org.uk
Website: www.navca.org.uk
National Council for Voluntary Organisations (NCVO)
NCVO provides information on fund-raising and governance issues and a range of general support services.
National Council for Voluntary Organisations
Regent’s Wharf
8 All Saints Street
London N1 9RL
Tel: 0800 279 8798
E-mail: helpdesk@askncvo.org.uk
Website: www.ncvo-vol.org.uk, www.askncvo.org.uk
VolResource
This internet only resource for charities offers quick links to useful organisations concerned with the effective running of charities.
Website: www.volresource.org.uk
Wales Council for Voluntary Action (WCVA)
WCVA supports charities and the voluntary sector in Wales.
Baltic House
Mount Stuart Square
Cardiff Bay
Cardiff CF10 5FH
Tel: 029 2043 1700
Helpline: 0870 607 1666
E-mail: help@wcva.org.uk
Website: www.wcva.org.uk
Charity Finance
3 Rectory Grove
London
SW4 0DX
Subscriptions – Tel: 020 7819 1204
E-mail: sshabiolegbe@charityfinance.co.uk
Website: www.charityfinance.co.uk
Charities Management
Subscriptions – Tel: 020 7729 6644
Charity Times
Subscriptions – Tel: 020 7426 0636
Website: www.charitytimes.com
The Guardian / Society
The Society section in Wednesday’s edition of The Guardian is particularly useful.
Website: www.SocietyGuardian.co.uk
The Times/Public Agenda
The Public Agenda section in Tuesday’s edition of The Times is particularly useful.
Website: www.timesonline.co.uk
Third Sector
Website: www.thirdsector.co.uk
Subscriptions - Tel: 020 8606 7500
E-mail: subscriptions@haynet.com
Burnell, Managing People in Charities, 2nd Edition, ICSA Publishing, London, 2001.
Carleton, J, Subject to contract, Charity Finance, October 2002.
Charity Commission, Accounting and reporting by Charities. Statement of Recommended Practice, HMSO 2000.
Charity Commission, Acquiring Land (CC33), 2003.
Charity Commission, Amending charities’ governing documents: Orders and Schemes (CC36), 2006.
Charity Commission, Charities and Public Service Delivery: An Introduction and Overview (CC37), 2007.
Charity Commission, Charities and Fundraising (CC20), 2006.
Charity Commission, Charities and Insurance (CC49), 2007.
Charity Commission, Charities and Local Authorities (CC29), 2005.
Charity Commission, Charities and Risk Management, 2002, website only.
Charity Commission, Charities and Trading(CC35), 2006.
Charity Commission, Charity Reserves (RS3), 2003.
Charity Commission, Choosing and preparing a Governing Document (CC22), 2006.
Charity Commission, Collaborative working and Mergers (RS4), 2003.
Charity Commission, Disaster Appeals: Attorney General’s Guidelines (CC40), 2003.
Charity Commission, Disposing of charity land (CC28), 2007.
Charity Commission, Exempt Charities (CC23), 2002.
Charity Commission, Incorporation of charity trustees (CC43), 2004.
Charity Commission, Internal financial controls for charities (CC8), 2006.
Charity Commission, Investment of Charitable Funds (CC14), 2007.
Charity Commission, Managing Financial Difficulties and Insolvency in Charities (CC12), 2007.
Charity Commission, The Essential Trustee: What you need to know (CC3), 2007.
Charity Commission, Registering as a Charity (CC21), 2006.
Charity Commission, Small Charities: Transfer of property, alteration of trusts, expenditure of Capital (CC44), 2006.
Charity Commission, The Hallmarks of an Effective Charity (CC60), 2006.
Charity Commission, The Independence of Charities from the State (RR7), 2007.
Charity Commission, The Register of Charities - Information and services available(CC45), 2003.
Charity Commission, Trustee Recruitment, Selection and Induction (RS1), 2006.
Charity Commission, Users on Board: Beneficiaries who become trustees (CC24), 2006.
Cornforth, C, The Governance of Public and Non-Profit Organisations – What do Boards do?, Routledge 2003.
Dalton, D, Keeping the board on board, Charity Finance, June 2002.
Davy, P, Too much of a good thing, Charity Times, May 2002.
Dickinson. S., Avoid the start-up, Third sector, November 2002.
Gaines, S, Size matters – What happens when small charities outgrow themselves? The Guardian, August 15 2002.
Harris, J, The Good Management Guide for the Voluntary Sector, NCVO, 2002.
Hind, A, The Governance and Management of charities, The Voluntary Sector Press, High Barnet 1995.
Hill, N, Risky business, Charity Times, Legal and Accounting supplement, December 2002.
HM Treasury, The Role of the Voluntary and Community Sector in Service Delivery, A Cross-Cutting Review
HM Treasury, futurebuilders: An investment Fund for Voluntary and Community Sector Public Service Delivery
Home Office, Charities and Not-for-Profits: A modern Legal Framework. The governments response to ‘Private action, Public Benefit’
HSE, Charity and Voluntary Workers, A guide to health and safety at work (HSG192), HSE Books 1999.
Hudson, M, Managing without profit, 2nd Edn, Penguin, London 1999.
Hunt, J, How to get ahead in charities, Third Sector, September 2002.
Hussey, D & Perrin, R, How to Manage a Voluntary Organisation – The Essential Guide for the Not-for-Profit Sector, Kogan Page Ltd, London 2003.
James, J, Cause to save, Guardian / Society, May 1 2002.
Lamont, H., Accentuating the positive, Charity Finance, June 2002.
Lloyd, SJG et al, A Practitioner’s Guide to Powers and Duties of Trustees, Tolley LexisNexis, 2002.
Peacock, G, Study the past to make a plan for the future, Third Sector, June 2002.
Peacock, G, Think capacity not core costs for the sector, Third Sector, July 2002.
Picarda, H, The law and practice relating to charities, 2nd Edition, Butterworths, London 1995.
Piper, A, Receiving a visit, Charity Finance, October 2002.
Streets, P, Income growth can undermine your real aims, Third Sector, April 17 2002.
Warburton, J, Tudor on Charities, 8th Ed., Sweet & Maxwell, London 1995.
WCVA, Faith and hope don’t run charities (trustees do): a practical guide to voluntary members of management committees, Cardiff 2002.
We would like to thank everyone who has co-operated in the production of this report, especially the charities that gave their time to speak to our staff. Special thanks also to Mike Hudson of Compass Partnership for his advice and support.
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