Our Policies

Applicability

This policy applies to all members of our charity, including trustees.  Therefore, everyone must follow this policy in accepting or refusing donations. 

Compliance

As a registered charity, we comply with all relevant UK laws and regulatory guidelines, including those issued by the Charity Commission, HMRC and the Fundraising Regulator.

In soliciting funds, we will not knowingly mislead or provide false information, nor put undue pressure on a donor, particularly if he/she may be vulnerable.

Acceptance of Donations

We accept donations on a good faith basis.  That is there is a presumption that a donation is acceptable, unless there is evidence to the contrary.  We carry out appropriate risk based due diligence to mitigate this risk to an acceptable degree.

In deciding to accept, or reject, a donation we balance the impact on our beneficiaries of not accepting the funding, against the impact on our charity of accepting a donation that should not have been.  That may include risks such as harm to our beneficiaries’ interests, reputational damage, loss of public trust and the risk of breaking the law.

Factors we will consider in making decision will include any physical or mental-health condition, disability or learning difficulties the person may have, whether the person is facing times of stress or anxiety, whether a donation is likely to affect the person’s ability to sufficiently care for themselves or leave them in financial hardship, how well the person can speak and understand English, whether the person is under the influence of alcohol or drugs and the person’s age.

We will also take all reasonable steps to avoid asking for regular donations (for example, by direct debit) from anyone aged under 18. 

Anonymous Donations

Donations through collection tins and online platforms are often anonymous and any donor may remain anonymous if he or she chooses to.  The Charity Commission ‘know your’ donor principle does not mean charities cannot accept anonymous donations and doing so is perfectly acceptable providing charities look out for suspicious circumstances and put adequate safeguards in place.

Trustees will take reasonable and appropriate steps to know who the charity’s donors are and will not accept a donation where the risk to the charity is assessed to be greater than the benefit of having the funds donated.  There can be no absolute guide to what may be suspicious, but indicators are where significant sums are being donated, particularly if this is unusual, in cash or from overseas.  Any prospective donor who wishes cash to be forwarded in advance or for the charity to pay some of the donation to a third party will always be considered highly suspicious.

The trustees will consider reporting suspicious donations as a Charity Commission Incident report.

Refusal of Donations

We will not accept a donation where there are reasonable grounds to believe:

• The individual or organisation holds views or is involved in activities incompatible with our values as a charity.
• The donation may be an attempted scam, or to launder money or evade tax, or is in some other way illegal.
• There may be private benefit linked to the donation, such as an obligation to purchase goods or services form a specified company.
• Conditions attached to the donation are so inflexible that they undermine our independence.
  • Or are so onerous as to compromise our effectiveness.
  • Or restrict who may benefit to the extent of undermining our public benefit obligation.
• The cost of accepting the donation would exceed its value.

Donor Recognition & Private Benefit

We welcome donations from commercial organisations, but will not accept donations where, in the view of the trustees, the purpose might reasonably be considered to be for commercial gain.  That is, by enabling the company to use its connection to the charity to market itself to its customers and the public as ethical and an active supporter of our work, when it is not.  For example, by promoting its support for our work when its own working practices, products or services do not reflect our values and activities.

The recognition given to donors will be no more than the normal thanks provided to any other similar donor.  Nothing in addition to this is either expected or has been asked for – we can be confident that any private benefit will be no more than incidental.

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 Regulatory Guidance

• Charity Commission –
  • Know your donor key questions.
  • Know you donor – checklist.
  • Advice on suspect donations.
  • Donations from outside the UK.
  • End use of funds.
  • Designated persons list.
  • Tainted donations.
• Fundraising Regulator – behaviour when fundraising.

Providing Support

The charity will support individuals where they have a need that makes them eligible within the charity’s object(s) and that any personal benefit is incidental where (having regard both to its nature and to its amount) it is a necessary result or by-product of carrying out the purpose.

Our Definition of Poverty

We define poverty as not having access to the basic necessities of life which the majority of the people would regard as necessary for a modest, but adequate, standard of living.  For example, clean water, adequate food, shelter and clothing, and access to basic school education and health services.  In the UK, this typically means households living on less than 60% of median income who go short in some unacceptable way, whether or not they are eligible for state benefits.

Why We Need to Make Checks

We don’t wish to pry into peoples’ lives unnecessarily or make it more difficult for them to apply.  However, sadly, there are many fraudsters out there and their techniques can be very effective.  Equally, some individuals may not understand their own needs (e.g., medically) and supporting them in a taking an inappropriate course of action may potentially be detrimental to their wellbeing.

Therefore, we may require you to submit your application through an organisation that has relevant expertise and is familiar with your circumstances, and/or provide supporting information to support your application.  For example, we may ask for:

• Details of why an item or service is needed, the cost and why you cannot afford it. For example, by providing details of your monthly income and expenditure.
• An invoice, bank statement or similar and/or.
• Specific recommendations from a trustworthy 3^rd party, such as a debt counsellor, doctor or school, as appropriate.

We may ask for supporting evidence, such entitlement to specific benefits, and/or make payments directly to suppliers on your behalf.  For payments directly to individuals, we ask you to provide receipts. 

Financial Means Testing

When assessing means, we use the same procedures as the Government uses for benefits. 

That is, when assessing whether you’re eligible, some types of income are fully considered but others (such as if you receive Attendance Allowance) are ignored. Your partner’s income and capital may also be taken into account.

Capital includes savings and investments. Examples of capital that are taken into account in means tests include:

• Cash.
• Stocks and shares.
• A share of any savings you own jointly with other people.
• property other than your main home.
• Premium Bonds.
• National Savings accounts and certificates (there are special rules for valuing these).

Any lump sum payments you received from deferring your State Pension aren’t included as capital.

Meeting Need

We follow the Commission’s guidance that the prevention or relief of poverty is not just about giving financial assistance to people who lack money; poverty is a more complex issue that is dependent upon the social and economic circumstances in which it arises.

Consequently, the support we provide is not only about meeting financial, but also other needs.  Consequently, your application to us should be specific about what the need is and how the support you are requesting will meet that need.

Overseas Work

For disasters, the trustees will first consider if it would be in the best interests of the charity and its beneficiaries to make a grant to a major, or the lead NGO supporting the relief efforts.  

Otherwise, the charity will follow the principles outlined above, carrying out all necessary checks to reflect local conditions, to ensure only eligible beneficiaries are supported.  Grantees are likely to be recommended by verified establishments, such as medical centres and other poverty NGOs, who know beneficiaries personal circumstances and are able make such recommendations. 

That aside, in the areas the charity is likely to be working in, poverty is endemic and the services it is likely to be providing, such as clean water and very basic food staples, are not something someone not in poverty would need or want.   

Regulatory Guidance

Charity Commission – The prevention or relief of poverty.

Charity Commission – PB1 Part 6 – Personal Benefit.

Charity Commission – Examples of personal benefit.

This policy expands on the procedures in the governing document to ensure we are and remain an effective board.  It should be read alongside our board code of conduct and conflict of interest policy.   

Decision Making

The Board will meet quarterly, or more often, if necessary, with a quorum of at least 2 trustees.  It may appoint lead trustees, or create committees, or approve activities ex-committee, with any necessary powers and reporting requirements delegated as necessary.  Decisions are made collectively, with details recorded in the minutes.

Appointment of New Trustees

All new trustees will be provided with a copy of CC3 and other relevant documents, such as the constitution.  He or she will be paired with a suitable member of the board to work with as a mentor. 

All trustees rea encouraged to undertake ongoing development training. 

Trustee Responsibilities

The obligations on board members can best be summarised as follows:

Board members must exercise reasonable skill and care, and independent judgement, avoid conflicts of interest and act in accordance with their governing document to promote the success of their organisation.

The Charity Commission requirements are detailed in CC3 – The Essential Trustee – as trustees, you must:

• Always act in the best interests of the charity – you must not let your personal interests, views or prejudices affect your conduct as a trustee
• Act reasonably and responsibly in all matters relating to your charity – act with as much care as if you were dealing with your own affairs, taking advice if you need it
• Only use your charity’s income and property for the purposes set out in its governing document
• Make decisions in line with good practice and the rules set by your charity’s governing document, including excluding any trustee who has a conflict of interest from discussions or decision-making on the matter.

Other Legislation.  There are also obligations arising from other legislation, including health and safety at work and the environment.

Charity Governance Code.  The Charity Code is applicable to all charities but is deliberately aspirational and is neither a legal nor regulatory obligation.  However, it provides a framework for good governance that is fundamental to effectively leading a charity.  It includes guidance on the role of trustees.

External Professional Advice

The Board will seek external professional advice, such as a lawyer or accountant, if needed. 

A charity may also engage suitable external experts in activities such as assessing grants or making referrals, if appropriate to do so.  Any such agency would be subject to appropriate due diligence to ensure that it has the skills, expertise and capacity to deliver any services, and subject to ongoing monitoring to ensure this remains the case.   

However, final decision on any matter may only be made by the trustees. 

Links to Non-charitable Organisations

Where there is a close link with a non-charitable organisation, the trustees will take particular care to:

• Apply the charity’s funds and resources solely for the purpose of the charity.
• Use their powers only in furtherance of the charity’s purposes.
• Act solely in the charity’s interests, including by avoiding conflicts of interest.
• Ensure the charity is accountable.

The trustees will manage the relationship in a way which:

• Ensures the charity is independent in its purpose and governance.
• Demonstrates the charity is not being directed or influenced by, or being operated for, the benefit of, a non-charitable body.
• Complies with the law, including applicable statutory accounting and reporting requirements.

Efficient Conduct of Board Business

The Chair has the prime, but not exclusive, responsibility for ensuring that the Board conducts its business effectively.  He/she ensures the Board has agreed priorities, appropriate structures, processes and culture and trustees govern well.  This will generally include:

• Ensuring that the Board has the necessary skills and experience, and is appropriately diverse, but is not so large, as to impair effective decision making.
• No trustee serves longer than any limit in the governing document, with no trustees serving more than 9 years, unless there are specific exceptional reasons for doing so
• Fostering an open, positive culture and intervening at early stage to resolve potential conflict.
• Ensuring there are agreed values consistent with our charitable purposes, these are reflected in decisions and in the culture throughout the organisation
• Ensuring that the Board operates in accordance with its governing document and complies with relevant charity, company and other laws.
• Ensuring the charity operates in accordance with the guidance issued by the Charity Commission and other bodies, such as the ICO and Fundraising Regulator.
• Ensuring that there is a policy and procedure framework and associated management controls to ensure the organisation operates within the law and any associated best practice guidelines.
• Effective management of meetings, including creation of an annual workplan, agenda setting and conduct of meetings.
• Ensuring that finance is effectively managed and assets protected.
• Ensuring that the views of stakeholders are adequately represented to the Board and the Board regularly receives reports on positive and negative feedback.
• Maintaining an appropriate balance of Board attention to strategy, policy, key decision, financial management and performance review.
• Maintaining an overview of the work of any committees.
• Ensuring that key decisions are properly debated and approved by the Board, including an annual strategy review, and the annual business, budget and risk management plans.
• Ensuring that trustees are appraised and the training needs of individual members (and the Board as a whole) are addressed.
• Ensuring the Board seeks professional advice when it is needed.
• Ensuring the organisation’s affairs are conducted in accordance with generally accepted codes of performance and propriety.

Board Skills & Experience

Chair

In addition to trustee skills and experience below, some examples to consider:

Essential:

• Gravitas and authority to lead the Board and represent the organisation to stakeholders.
• Outstanding communicator and public speaker.
• Ability to inspire and facilitate diverse individuals and their points of view to achieve consensus.
• Results focussed but succeeds primarily through influencing.
• Understanding of charity and company law and finances.
• Sound understanding of governance and strategy.
• Able to commit adequate time to carry out role.

Desirable:

• Experience of being a chair of a board or board committee.

Trustees

Essential:

• A commitment to and a passion for our work.
• Ability to understand and analyse financial and non-financial data.
• Ability to think strategically, that is long term, across the whole organisation.
• Willingness to accept the legal duties, responsibilities and liabilities of a charity trustee.
• A team player willing to accept responsibility for collective decision making and maintain confidentiality.
• Readiness to offer personal and professional skills and experience to support the Board
• Willingness to remain informed about the work of the charity.
• Good communication skills and a commitment to act as an advocate for the charity.
• A willingness to challenge and be challenged, positively.
• Good judgement and the ability to think impartially.

Desirable:

• Experience of working in our areas of activity and the charity sector.
• Understanding and/or knowledge of charity and company law and finances.
• Relevant functional skills and experience – see below.

Board Functional Skills

The board overall will require an appropriate mix of relevant professional skills.  The list below is non-exhaustive and simply serves to provide a checklist.  A skills audit will be carried out annually and any new trustees required appointed.

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Regulatory Guidance

Charity Commission:

• Conflicts of interest: a guide for trustees.
• Payment to trustees
• Selling/leasing to someone connected with the charity
• Trustee disqualification

Examples of personal benefit

Purpose

The purpose of this policy is to protect anyone who is involved with our charity from harassment and bullying and to ensure that we respond promptly, proportionately and sensitively to any concerns raised and, insofar as possible, treat these confidentially.   

Applicability

This policy applies to anyone working on our behalf, including our trustees and other volunteers.  It is to be brought to their attention on joining the charity and made readily available to anyone who may wish to read it. 

We expect partner organisations to have the same robust approach in tackling harassment and bullying.  We will not accept anyone being harassed or bullied by a partner, beneficiary or member of the public and will take appropriate action in such circumstances.

Bullying And Harassment

Bullying and harassment is behaviour that makes someone feel intimidated or offended. Harassment is unlawful under the Equality Act 2010.

Examples of bullying or harassing behaviour include:

• Spreading malicious rumours.
• Unfair treatment.
• Picking on or regularly undermining someone.
• Denying someone’s training or promotion opportunities.

Bullying and harassment can happen face-to-face or by letter, email and phone.  

Behaviour that one individual may consider to be acceptable, another may not, so it is important that everyone is respectful of and sensitive to the needs and views of others.  However, bullying does not include appropriate criticism of someone’s behaviour or proper performance management. 

The Law

Bullying itself is not against the law, but harassment is. This is when the unwanted behaviour is related to one of the following: age, sex, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation.

Trustee Responsibilities

The trustees recognise that:

• There is no place for bullying and harassment within, or by, charities.
• They have a responsibility to lead the charity and create a culture of openness and respect in which harassment and bullying will not be tolerated and individuals feel confident in reporting any concerns.
• They have a central role to play to ensure the charity has clear policies, and.
• Allegations are handled promptly, sensitively, appropriately and in line with employment and other laws.
• They are responsible for ensuring they have processes in place to hear and address any concerns.

Reporting Concerns

Those concerned about bullying or harassment are encouraged to take their concerns directly to the charity or its trustees whenever this is appropriate. 

Concerns raised anonymous will be recorded and any facts available looked in to.  However, in doing so we will be mindful that anonymous complaints can sometimes be malicious.  Everyone involved in our work, even incidentally, has a right to complain and we will hold anyone accountable but, equally, individuals have a right to be protected from unsubstantiated and, potentially, malicious allegations.  Consequently, anyone wishing to raise a concern is strongly encouraged to provide his or her contact details.  This will also allow us to advise him or her of the outcome.   

Serious actual or alleged incidents of bullying or harassment will be promptly reported to the Charity Commission using the serious incident reporting arrangements.  Workers and volunteers can also make reports to the Commission.

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Statutory Guidance

Gov.UK – Workplace Bullying & Harassment.

Charity Commission: Serious Incident Reporting.

Charity Commission: Report Serious Wrongdoing at A Charity as  A Volunteer or Worker.

CC: Infographic; 10 actions trustees need to take.

CC: Safeguarding and Protecting People for Charities and Trustees.

Trustee Board

As a board, collectively and individually, we will:  

• Act legally and properly – by acting with integrity, honesty, within the law and our governing document, and in the charity’s best interests at all times.
• Create a safe space– in which everyone is encouraged and feels able to speak.
• Positively challenge– each other, but avoid being confrontational – saying ‘no’, ‘that won’t work’.
  • Instead, we ask open questions that will help us work together to explore/test an idea, or suggestion – who, what, when and how, but not why, which can come across as accusatory).
• Think, then speak– what can I say succinctly that will most help the Board?
• Feel able to ask the questions that need to be– there is no elephant in the room or, if there is, we’re all working together to get it out. 
• Act strategically– by thinking externally and longer term.
• Understand that operational delivery is the remit of the CEO – by recognising that it’s not our role to manage operations, but to ensure these are led and managed well.
• Focus on solutions– by talking about the past, only to learn from it, avoid talking about what we can’t do and, instead, focus on what we could do.
• Welcome differing viewpoints – respect each other’s right to hold a different opinion and recognise our own right to do so too. 
• Don’t make assumptions– about who someone is, but rather respond based on the facts/content of what he/she said.
• All contribute– the contribution of the young, old, or those with lived experience is different to that of the professionals but isn’t less than.
  • Everyone has something to give and something to learn.
  • And no one person is allowed to dominate the conversation to the exclusion of others.
• Are slow to take offence – and quick to apologise, always.
• Give permission– to everyone else to remind us when we inadvertently stray from the above. 
• Accept our responsibility – for ensuring that everyone is treated fairly, with respect and kept safe from harm.

Volunteers

All volunteers must:

• Ensure that you are aware of and comply with the charity’s policies.
• Undertake any necessary training for your role.
• Listen to and respect other volunteers, beneficiaries and other stakeholders.
• Promote relationships that are based on openness, honesty, trust and respect.
• Treat everyone fairly and without prejudice or discrimination.
• Ensure language is appropriate and not offensive or discriminatory.
• Ensure any equipment is used safely and for its intended purpose.
• Challenge any unacceptable behaviour and report any breaches of this Code of Conduct or any concerns without delay to a trustee.
• Report any allegations/suspicions of abuse.
• Respect everyone’s right to personal privacy and ensure that any personal information is kept secure and not disclosed.
• Volunteers are not obligated to work at specific times, but if you commit to doing something and are unbale to, ensure that the charity is made aware as soon as possible.

You must not:

• Allow concerns or allegations to go unreported.
• Develop inappropriate relationships such as contact with children or vulnerable people that is not a part of the work of the Charity or agreed with the trustees.
• Share your personal contact details (mobile number, email or address) or have contact with a beneficiary or vulnerable person via a personal social media account.
• Make sarcastic, insensitive, derogatory or sexually suggestive comments or gestures to or in front of anyone.
• Act in a way that can be perceived as threatening or intrusive.
• make inappropriate promises to children and young people, particularly in relation to confidentiality.

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Whilst we make every effort to meet peoples’ expectations, circumstances may arise where an individual has a concern and wishes to bring this to our attention.  We will take all reasonable steps to resolve the situation, in everyone’s best interests.

For very serious concerns, such as individual’s safety being placed at immediate risk, take such action as is appropriate.  For example, by calling the emergency services.    

INFORMAL COMPLAINTS

Anyone who has a concern should initially raise this with a member of our team at the time, as this enables us to respond and deal with an issue quickly. 

We will seek to resolve this and meet any reasonable expectations the individual may have, ideally to his or her satisfaction.  If unable to, make a note of:

• The complainant’s name and contact details, unless he/she is unwilling to provide these.
• The nature of his/her concern and anything that he/she wished to be done about it.
• The circumstances surrounding the complaint, including when, where any action that was taken and the details of others who were present/involved.

Advise the complainant that their concern will be passed to the trustees.

FORMAL COMPLAINTS

Where an individual wishes to make a formal complaint, he/she should be provided with the e mail address of the nominated lead trustee for complaints and/or our registered address, as they wish. Correspondence should be marked private and confidential. He or she should be provided with a copy of this policy by post or e mail.

To help resolve the complaint as quickly and effectively as possible, the individual making the complaint should do so as soon as possible and should include in it:

• Name, organisation (if relevant), address, telephone number and e mail.
  • If you do not wish to be contacted in a particular way, please let us know and we will of course respect this.
• As much information as possible, such as what happened, where, when (date/time), who was present and any action taken, and by whom.
• What it is you felt to be unsatisfactory.
• What you believe should be done to address your concern.

Receipt will be acknowledged, if possible, within 7 working days.  The complaint will then be investigated.  If necessary, specialist advice will be sought.  Where clarification or further information is felt to be necessary, the trustee will contact the person complaining to request this. 

A response will be sent within 14 working days.  If this is not possible, a holding reply will be sent after 14 days advising when we estimate the investigation will be completed.  The complaint response will  explain our findings and what action we will be taking/have taken, subject to the constraints of the Data Protection Act, which will almost certainly not allow us to disclose sensitive personal information.    

If the complainant is not satisfied with the response, he or she may appeal the decision, by writing to the Chair, the contact details of whom will included in our response.  Appeals must be submitted within 28 days of our response to the complaint.

The appeal should be specific about why the individual feels the decision made was wrong and provide the facts and information necessary to demonstrate this. 

A decision will be notified within 28 days and will be final. 

 WIDER ACTION

Irrespective of the outcome of any complaint, we will consider if there is any requirement in respect of wider action and/or statutory reporting to the Charity Commission, H&SW Executive, other regulator, or the Police.

Consideration will also to be given to whether any changes should be made to policies, procedures, training etc to see if anything might reasonably be done to prevent a similar issue arising in future. 

 ANONYMOUS COMPLAINTS

Anonymous complaints will be recorded and any facts available looked in to.  However, in doing so we will be mindful that anonymous complaints can sometimes be malicious.  Everyone involved in our work, even incidentally, has a right to complain and we will hold anyone accountable but, equally, individuals have a right to be protected from unsubstantiated and, potentially, malicious allegations. 

Consequently, anyone wishing to complain is strongly encouraged to provide the information requested above and his or her contact details.  This will also allow us to advise him or her of the outcome.   

 POTENTIAL COMPENSATION CLAIMS

If a complaint may potentially result in a claim for compensation, such as damage or loss to property, or personal issue, our insurers are to be notified. 

 CONFIDENTIALITY

The complaint will be treated as confidential and any communication on this issue, including responding to the complainant, will be subject to compliance with the Data Protection Act.

AVAILABILITY

This policy is to be made publicly available and given to anyone who advises that he/she wishes to submit a compliant.

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The guidelines on managing conflict of interest are contained in our governing document and will be followed at all times, as will the guidance issues by the Commission listed at the end of this policy.

Conflicts of Interest

The Board will make decisions based only on what’s best for the Charity.  We do not allow personal interests, or the interests of people or organisations connected to board members, to influence these decisions.

There are 2 common types of conflict of interest: 

• Financial conflicts – when a trustee, or person or organisation connected to them, could get money or something else of value from a trustee decision. This does not include the payment of expenses.
• Loyalty conflicts – other reasons, a board member might not be able to make decisions that are best for the charity.

Generally, a potential conflict of interest will occur when a board member has a connection to another organisation or person that we have a financial, or other working arrangement with, either as:

• Family – his or her partner, child etc or:
• Organisation – as a trustee, board member, member of staff or similar.

Meetings 

Conflicts of Interest is a standing item on all board and committee agendas; the chairman will remind directors at the start of each meeting that any interests must be declared.

A record of any professional or personal interest that may make it difficult for a director to fulfil their duties impartially, or may create an appearance of impropriety, with any item on the agenda for that day’s meeting is to be noted in the minutes of the meeting.  Specifically:

• If a director is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the organisation, s/he must declare the nature and extent of that interest to the other directors
• If a declaration of interest proves to be or becomes inaccurate or incomplete, a further declaration must be made
• Any required declaration of interest must be made before the organisation enters into the transaction or arrangement
• A declaration is not required in relation to an interest of which the director is not aware or where the director is not aware of the transaction or arrangement in question. For this purpose a director is treated as being aware of matters of which s/he ought reasonably to be aware.

If a director states a conflict of interest s/he will normally be requested to leave the meeting while the relevant agenda item is discussed. 

Potential Conflicts of Interest

A charity may pay and offer other material benefits, to one or more of its trustees to provide services to the charity, where the trustee board reasonably believes it to be in the charity’s best interests to do so.  The services in question must be ones which the charity trustee provides in addition to carrying out normal trustee duties.  Any such proposal would be treated on a case for case basis and would only be approved subject to compliance with the governing document and Charity Commission guidance.

Where an individual is not part of the decision making process, there is no direct conflict of interest.  However, where he/she has a relationship with the organisation, or individual trustee/director, the perception could arise that the trustees haven’t acted in the organisation’s best interests, because of this. 

Managing Conflicts of Interest

To manage these issues, the Board will ask themselves the following questions: 

• Is this the best use we might make of our limited resources?
• If so, might anyone else be able to provide this service?
• If there are others, in terms of cost, quality, availability etc, who would be the best provider?

Recording Decisions

Conflicts of interest will be recorded in the minutes, together with the key points and decision(s) made, in sufficient detail to enable a reader to understand the issue and the basis on which the decision was made.

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Regulatory Guidance

Charity Commission:

• Conflicts of interest: a guide for trustees.
• Payment to trustees
• Selling/leasing to someone connected with the charity
• Trustee disqualification

Examples of personal benefit

We may partner with a range of different organisations and on different projects, so take a risk-based approach to assessing suitability and ask for specific information to be disclosed, as part of the grant application process. 

For technical legal or financial issues, this may involve seeking appropriate professional opinion and guidance. 

The Scale of Risk – Factors to Consider

• Is the amount of money involved substantial?
• Is the project/contract particularly sensitive, important, complex or large scale?
• Is the organisation/individual well known and respected, or might they hold views, undertake activities or work in an area that may potentially be problematic?
• How much potential is there for things to go wrong and what’s the worst that could happen?

Conducting Due Diligence

In light of the degree of risk, carry out such checks as are necessary to ensure that you are able to adequately mitigate this.  

But bear in mind peoples’ right to privacy, so only carry out investigation where there is a legitimate business purpose in doing so, ensure that findings are kept securely, only disclosed to those who need to know this information and not retained any longer than necessary. 

If preparing a report, be objective, stick to facts, insofar as possible, and take into account the reliability (or not) of your sources to ensure your report is balanced.  

Fundraising Due Diligence

We will undertake reasonable due diligence of donors, to ensure they don’t hold views or are involved in activities that might be incompatible with our role and damage our reputation. In terms of donations, we will ensure that any gift is safe to accept and, doing so, would be in the best interests of your charity. 

We will also consider issues, such suspicious donations, or managing large anonymous gifts, or those from vulnerable individuals. If there may be any risk in terms of our working with individuals who have been placed on the UK designated persons or sanctions lists, we will check these (below).  

Basic Checks – Organisations

• If they have a website, check that what they’re proposing fits with what’s on there. If available, review what it says about key members of their team and, download and review, their annual report/accounts.
• Carry out an internet search. On the company, if applicable, and key individuals, to see if there is anything of concern. Don’t just check page 1, as older issues may be sufficiently serious to still be relevant.
• Speak to someone who has worked with them or knows their sector well. A phone call is best, as people tend to be more open.
• Take up references, if appropriate.
• Any conflicts of interest have been identified and will be managed in accordance with our policy.

Additional Checks

Depending on the nature, location of a project and the degree of risk, applicable additional checks may be carried out, using the framework below.

Ethics – activities that are illegal or incompatible with our values. Issues such as corruption/bribery, criminal activities, discrimination, exploitation of people, or the environment, or involvement with radical groups, or companies, regimes, products or services that conflict with our aims/values.

• Confirmation that there are adequate safeguarding procedures in place and being consistently applied to ensure vulnerable people are kept safe from harm.
• For large UK organisations, compliance with the Modern Slavery Act UK, including their supply chain management.
• If appropriate, designated peopleand proscribed organisations

For UK organisations, the Glass Door site may offer you insight into what their staff think about them.

Donations -consider issues, such suspicious donations, or managing large anonymous gifts, or those from vulnerable individuals.

Compliance – significant breaches of regulatory or other frameworks, investigations by government agencies/police, court cases, debt default, or disqualifications.

• Check with any relevant regulator for reports or other information that might be available – UK regulators.
• Confirm registration with any relevant UK or other trade/professional bodies and that any licenses, qualifications or insurances are held and in-date.
• For UK individuals, checks for disqualified director, insolvency/bankruptcyor Charity Commission automatic disqualification.
• For donors – potentially tainted donations(tax avoidance schemes). 

Finance – risk of takeover, sustained annual operating losses, level of leverage (debt) too high for their sector, bad credit risk, liquidity (cash flow) issues, weak asset base, unusual, related party or intercompany transactions, or significant amounts of capital being taken out of company, adverse comments by auditors, court judgements, significant recent debt restructuring/profit warnings or redundancies.

• If applicable, the Charity Commission for England and Wales, OSCR (Scotland), CCNI (Northern Ireland), UK Companies House (or other registrar) records and obtain a copy of their accounts, if available. 
• Buy an online company assessment/risk report.

Ability to Deliver – capacity to deliver services/products, track record in delivery, security around key staff (e.g., a small company relying on a single individual), any supply chain issues (e.g., reliance on shipments from overseas), or an organisation that has operated in only a single area delivering in an entirely new one.

• Check during negotiations and take up references specifically covering any areas of concern.

Reputational Risk – any potential negative media attention, or concerns from other funders/partners from being associated with this company/individual.   

Contracts – check that the balance between the costs, benefits and liabilities is fair, and there are no onerous or unreasonable obligations.

Conflicts of Interest – ensure our conflict-of-interest policy is complied with. Additionally, our sector is driven by passion and funding is hugely challenging for many, which brings with it the risk of urgent need clouding thinking. The fundraisers and project leaders may well be best placed to carry out due diligence. However, their findings should be reviewed and approved by someone with the necessary experience and seniority, who is also sufficiently and demonstrably distant from the issue. 

Contracts/Agreements – deliverables wholly charitable in nature, clearly specified (quantity/quality/timescale), clear monitoring and reporting throughout and at end of project, with provision to cancel/claw back funding, if necessary.

Artificial Intelligence (AI).  Any use of AI by partners complies with the Charity AI Ethics & Governance Framework.

Individuals

There may be circumstances where you may consider it appropriate to check individuals.  There are a variety of checks that could be carried out, including if someone:

• is currently declared bankrupt (or is subject to bankruptcy restrictions or an interim order) or has an individual voluntary agreement (IVA) with creditors
• isdisqualified from being a company director
• has previously been removed as a trustee by either the commission or the High Court due to misconduct or mismanagement. Charity Commission automatic disqualification rules. You can check individuals names’ here.
• Is listed on any UK registers of court and other judgements (small fee).

Sanctions

With the crisis in the Ukraine both the Commission and banks are focussing much more on the risk of breaching sanctions.  This is a complex area as the sanctions applied can be to individuals, organisations or even countries, the sanctions applied vary and other countries also apply sanctions.  In some circumstances a charity may obtain a licence from OFSI or rely on an exception in the legislation.

However, other than those exemptions, it is against the law to receive money, goods or economic resources from, or send these to – an individual or organisation subject to financial sanctions.  In the event of any grounds to suspect the charity may be involved, or may become involved with a sanctioned individual, organisation or work in a sanctioned country, the first step is to read the OFSI guidance below, then seek and comply with their advice.

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Regulatory Guidance

Gov.UK

• Your responsibilities under money laundering supervision
• Anti Bribery Policy

Charity Commission.

• Know your donor key questions.
• Know your partner, key issues to think about.
• Know you donor – checklist.
• Protecting charities from harm – compliance toolkit.
• Advice on suspect donations.
• Donations from outside the UK.
• End use of funds.
• Designated persons list.
• Tainted donations.

OFSI

• OFSI Charity Sector Guidance on Sanctions.
• UK Sanctions Guidance.

UK Sanctions List

This policy sets out how we manage the ethical issues and social responsibility within fundraising.  

Specifically, we aim at all times to be open, honest, fair and to operate in a legal way that meets not only the law, but also fundraising regulation and best practice, including the Code of Fundraising Practice.

Everyone who is involved in fundraising has a responsibility to be aware of and comply with the ethical issues and procedures in this policy.

People And Organisations

Trustees

The trustees are aware of and will comply with Charity Commission guidance CC3a, regarding trustees responsibilities, particularly in relation to always acting in the charity’s best interests and managing any conflicts of interest. 

The trustees are also aware of and follow the 6 principles in Charity Commission 20 (Charity Fundraising: a guide to trustees duties).

We will always be honest about what we can achieve when asking for funds, submit realistic budgets, use the funds for the purpose intended and ensure that we provide any reports required, on time. 

We will ensure that everyone is aware of and consistently complies with the regulatory guidance on fundraising behaviours and respond promptly and effectively to any fundraising complaints.

Supporters

Supporters have a right to expect us to provide clear, truthful information on our work, including reporting on how we spend the funding we are given and managing donors’ information responsibly.

We will comply with the guidance issued by the Charity Regulators and UK law, including in respect of openness and honesty with our supporters and members of the public.

We will respect the privacy and contact preferences of our donors. We will respond promptly to requests to cease contacts or complaints and act to address their causes.

Beneficiaries

How we represent our beneficiaries, in our communications, is always respectful of them and portrays them in the way they would wish to be seen.  We will only use personal information that they have given consent for and for the purposes they have agreed and will not disclose anything that might put them at risk, particularly children and vulnerable people.

Bullying And Abuse

The trustees have zero tolerance for abuse, including discrimination, bullying and sexual harassment, not only for fundraising staff and volunteers, but for anyone who is involved with our charity.  We will maintain a culture of respect and equality, will ensure that there are processes to raise concerns that everyone is aware of and is confident to use and we will deal with any allegations of abuse promptly, sensitively and in accordance with employment and any other laws.

Vulnerable Individuals

In communicating with potential or existing donors we will be mindful of indicators that may suggest he or she may be vulnerable, using REAL:

• Retain – and repeat the information you give him/her?
  • Do you have to repeat what you have said over and over again?
• Explain I- able to properly explain or communicate the decision they have made?
  • Are they joining in the discussion or just agreeing with what you are saying?
  • Are they asking questions that aren’t related to what you are saying?
• Able – to understand what they are being told?
• Listen – able to listen, follow and understand the discussion taking place, or are they just repeating what you say?

If an individual shows signs of possible vulnerability, we will:

• Consider communication preferences.
• Not make assumptions about him/her.
• Ask him/her what they need and how you can help them better.
• Empathise and sympathise with him/her.
• Try asking questions in a different way.
• Summarise anything that has been decided or agreed in plain English.

We:

• Will not place any undue pressure on individuals to donate.
• Do not either solicit nor accept donations from anyone whom we know or think may not be competent to make their own decisions.
• Are sensitive to any particular need that a donor may have.

Commercial Partners

We will not partner with any organisation that produces goods/services or acts in a way that is contrary to our charitable objects, or values.

We are aware of and comply with the Charity Commission RS2 – Charities and Commercial Partners.  We will ensure that any commercial agreement represents a fair deal for the charity and.

• Clearly establishes what we expect to gain from it, prior to entering into an agreement.
• Set up appropriate systems to monitor and review the partnership.
• Take appropriate steps to identify and manage any risks.
• Ensure from the outset that the expectations of both the charity and the company have been agreed and.
• Can be managed effectively and appropriately.

We will disclose any commercial partnerships in our Annual Report.

Statutory Authorities

They will also be mindful of RR7 – Independence of Charities from the State.  In particular, they will ensure that they remain independent and that any funding provided does not discharge the statutory duties of the State.

Systems And Procedures

Donations

If supporters wish their donation(s) to be used in a specific way, or for a specific purpose, they may make a restricted donation by providing written instructions with their donation. We will always respect this.

Refusals

We abide by the law which requires us, in deciding whether to accept or refuse a donation, to consider which action is in the charity’s best overall interest.  We have adopted a Refusals & Acceptance of Donations policy, which covers this in detail.

Due Diligence

We will undertake reasonable due diligence of donors, to ensure they don’t hold views or are involved in activities that might be incompatible with our role and damage our reputation. In terms of donations, we will ensure that any gift is safe to accept and, doing so, would be in the best interests of your charity.  We will also consider issues, such suspicious donations, or managing large anonymous gifts, or those from vulnerable individuals. 

Artificial Intelligence

We have adopted and comply with the Charity AI Ethics & Governance Framework.

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This policy lays out our aims and principles in awarding grants and also a range of specific checks.  Which will be applied to any given grant will depend on the nature of the grant application and will be decided on a case for case basis. 

Inevitably, these will be more robust for grants overseas, in order to comply with HMRC and Charity Commission guidelines on the transfer and management of funds for overseas projects.

GRANT MAKING PURPOSES

We can only fund projects and activities that are exclusively charitable and fall within the objects of the charity, which are the:

Prevention or relief of poverty, primarily, but not exclusively in Pakistan by providing grants, items and services to individuals in need and/or charities, or other organisations working to prevent or relieve poverty.

Relief and assistance of people in any part of the world who are the victims of war or natural disaster, trouble, or catastrophe in particular by the supply of medical aid to such persons.

We define poverty as not having access to the basic necessities of life which the majority of the people would regard as necessary for a modest, but adequate, standard of living.  For example, clean water, adequate food, shelter and clothing, and access to basic school education and health services.  In the UK, this typically means households living on less than 60% of median income who go short in some unacceptable way, whether or not they are eligible for state benefits.

The charity defines natural and other kinds of disasters as environmental, made-made or technological disasters that significantly harm a community, including fatalities and injuries, property damage and social environmental disruption.  Generally, the charity will probably make grants to the DEC, or the lead, or major, NGO leading on any given disaster.

GUIDANCE TO APPLICANTS

Funding Criteria

The charity will consider all applications that fall within our charitable purposes and meet our funding criteria and, for which, the due diligence process has not identified any unacceptable issues. 

• Charities – organisations must have a written constitution, with exclusively charitable aims, and be run by a minimum of at least 2 trustees.
  • In making grants, trustees will comply with Charity Commission guidance, to ensure that it is in the charity’s best interests, check that any money is used as it is expected it to be and the decision recorded in the minutes.
• Governmental Agencies – support will only be considered where these is either no, or inadequate statutory provision.
• Other Organisations – in the event that the trustees wished to support an organisation that isn’t a charity, they are aware of and would comply with the Charity Commission’s guidance on doing so.  
  • In particular, they would ensure that the grant is only for to  further the charity’s purposes, any funding of support costs would be limited to the specified activities, services or outcomes, the grant agreement requires the above be complied with, there is no more than incidental personal benefit and the trustees can demonstrate that the decision is in the charity’s best interests.

The charity does not set any limits on the amount of funding that may be made available, but please note that our funding is limited and, inevitably, we are able to only make small grants.  In exceptional circumstances, we may make repeat grants.  Grants will be made based on the funding available and solely on merit. 

The charity makes grants for the prevention of alleviation of poverty, but this may include grants for Pakistan that enable access to basic education or healthcare, where this is not freely available and would otherwise be unaffordable.  For such grants, applicants would have to demonstrate compliance with the following Charity Commission requirements:

Education and Training

• Details and confirmation that any accreditation/qualification frameworks, examination body requirements or other statutory requirements have been met.
• How speakers/trainers/teachers are selected and confirmation that those delivering training/courses have the appropriate qualifications and experience necessary to do so. 
• Details of subject/topics/structure, method of delivery, submission of attendance/completion certificates or other requirements.
• Details of the educational benefits in undertaking the course/programme, with links to supporting evidence by statutory authorities and/or peer reviewed research.

The education provided does not have to be a traditional or formal process but does have to be directed to towards advancing people’s education in a meaningful way by having educational outcomes, learning objectives to deliver these and by providing information in a structured manner to advance the knowledge and abilities of the students.

Health

• Details of the services to be provided; treatments, rehabilitation, or other services.
• How and where these services will be provided.
• Details and confirmation that the organisation is registered and/or licenced by the statutory authorities and/or relevant professional body and meets any standards or frameworks required.
• Details or confirmation that no adverse medical audit or inspection reports are expected, or have been received within the last 3 years.
• Details and confirmation that individuals delivering the services have the relevant professional qualifications and experience to do so.
• Details of who will be able to access the services, any exclusions and confirmation that no charge will be made for receiving the services.
• Details of the benefits of receiving the services will have, including links to robust evidence that demonstrates this, such as provided by statutory authorities and/or peer reviewed research.

Except in exceptional circumstances, we would only make a grant for a treatment or therapy that is recognised by the NHS, or equivalent medical authority, as being beneficial with only incidental risk of harm. 

Funding Statutory Services

Whilst there is no general legal prohibition on charities funding public services, we would only consider doing so if there was either no, or inadequate provision.

Were we to do so, we would follow Charity Commission CC37 guidelines and only subsidise public services where there was a clear justification for doing so.  We would: 

• Ensure that decisions were based on the law and in the interests of the charity’s beneficiaries.
• Ask questions and challenge assumptions about what public authorities are prepared to fund or have a duty to fund.
• Use such considerations to inform grant-making policies.

Funding Priorities

The number of good applications is likely to exceed the funding available, so the trustees use the following criteria to help them in making decisions on how best to allocate funding. 

• Those most in need, particularly excluded groups such as the disabled community.
• The most vulnerable, such as children and older people.
• Families with children, particularly single parent families and orphans.
• Where a small grant might enable a larger project to go ahead, such as meeting a shortfall in funding.
• Any other priorities that the trustees may from time to time decide.

Reporting

All grantees will be required to provide a report on how their grant was used and the impact this has had.  The content and nature of information to be reported will be appropriate for the size and type of grant awarded.  The charity will monitor such reports to not only ensure that grants are being use for the purposes intended, but also to assess the impact grants have made.  This learning will be used to inform future decision making and policy to maximise the charity’s impact.

Grants To Individuals

We may make small grants to individuals to meet a particular need, or in response to a crisis or disaster.  For example, grants for bedding, clothing or essential domestic appliances, or for energy or water bills, or repairs. 

Oversea, where education and healthcare may not be free to everyone, we may also make grants to enable people to access basic healthcare or schooling, which would otherwise not be affordable.  This may include grants to pay for medical treatments and medicines, or books or other educational materials.

We don’t wish to pry into peoples’ lives unnecessarily, or make it more difficult for them to apply.  However, sadly, there are many fraudsters out there and their techniques can be very effective.  Equally, some individuals may not understand their own needs (eg medically) and supporting them in a taking an inappropriate course of action may potentially be detrimental to their well being.

Therefore, we may require you to submit your application through an organisation that has relevant expertise and is familiar with your circumstances, and/or provide supporting information to support your application.  For example, we may ask for:

• Details of why an item or service is needed, the cost and why you cannot afford it. For example, by providing details of your monthly income and expenditure.
• An invoice, bank statement or similar and/or.
• Specific recommendations from a trustworthy 3^rd party, such as a debt counsellor, doctor or school, as appropriate.

We may ask for supporting evidence, such entitlement to specific benefits, and/or make payments directly to suppliers on your behalf.  For grant payments directly to individuals, we ask you to provide receipts. 

Grants To Organisations

Listed below is confirmation and/or information that you will be required to submit with you application, in order to be considered for a grant.  Not all will apply in all circumstances and you should seek guidance from us, if you are unsure.  

Ethics

Confirmation that neither the company, directors nor senior management have been the subject of regulatory censure, criminal or civil court action (other than trivial offences), currently, or within the last 3 years.

Use of funds

Confirmation that funding will be used for exclusively charitable purposes, no bribes, facilitation fees or similar will be paid and that no payments will be made to related parties, such as family members or business associates. 

Finance

Submission of the latest audited accounts or, if not available, latest company/management accounts, with an explanation as to why audited accounts are unavailable.

An explanation of any material finance related issues that the grantor may reasonably wish to be aware of.  These include, but are not limited to a recent modified or qualified audit opinion, or emphasis of matter statement in your most recent accounts, potential loan default, action by creditors to recover debts, cash flow (liquidity) issues, major financial risks, or concerns over longer term sustainability. 

Compliance

Details of company/NGO registration, professional and/or trade body membership, including registration/membership numbers.

Confirmation that any regulatory permissions, licenses or approvals required for the project have been obtained, or an explanation of what action is/will be taken to do so. 

Safety

Safeguarding – Applications are to include details of the procedures used to ensure people are kept safe from harm and how management ensure these are applied consistently.  These must comply with the charity’s safeguarding policy and legislation, and any regulation specific to the activity. 

Health & Safety at Work (H&SW) – the organisation has a robust H&SW framework and management oversight, with adequate policies that are consistently applied and training that is undertaken by everyone who needs to and is up-to-date.   

Insurance – Details of insurances held, with a certified true copy of the insurance policy.

Property/Assets Created

Confirmation that any assets, intellectual property or other material of financial value created will not be disposed of at any point, without confirmation that any proceeds will be used for an approved charitable purposes and the prior written permission of the trustees. In the event this is not forthcoming, the asset is to be disposed of in accordance with the trustees’ instructions.

Grants To Organisations Outside The UK

Anti-Bribery

The Bribery Act 2010 is applicable globally and it is illegal to offer, promise, give, request, agree, receive or accept bribes, even if doing so in an overseas country where is legal. 

Confirmation that the grantee has robust anti-bribery procedures that are consistently applied, to ensure that the risk of bribery or corruption is minimised.

Submission of Applications

• We require submissions to be made using our application form and these may not be considered, if the word count limits are exceeded.
  • However, you may include relevant supporting documents, such as a programme plan or budget.
• Applications may be sent to us by post or as an e mail attachment.
• Check your submission to ensure that you have included the following:
  • How you meet our funding criteria.
  • And our funding priorities.
  • Information on your organisation/individual.
  • Project/bid details, such as amounts, numbers, timetable.
  • Evidence of the need and impact the funding would have.

GRANT MANAGEMENT

Systems and Procedures

This grant making policy ensures that the trustees have appropriate systems and procedures in place.  Specifically, it:

• Allows trustees to set priorities for funding, which they may change or depart from at their discretion.
• Requires sufficient detail in the grant application, and monitoring procedures, to enable the trustees to identify and assess risks and make informed decisions.
• Enables the charity to carry out appropriate due diligence on organisations applying for grants
• Ensures grants are authorised by the trustees, or within a framework of delegation that ensures appropriate oversight and scrutiny.

Trustee Decision Making

Applications will be considered by our trustee board, who work to the Charity Commission C27 guidelines on trustee decision making.  If appropriate, the trustees may accept referrals from suitably professional organisations and, if necessary, seek independent specialist advice on technical aspects of applications.  However, decision making rests at all times with the trustees, grants are awarded entirely at their discretion and their decision is final.

Remedies

In the event that the grantee fails to comply with our grant policy or other instructions in their grant agreement, action that may be taken, such as

• Rescinding the grant agreement; or.
• Refusing to accept the provision of any further services and to require the immediate repayment of some/all sums previously paid.
• Requiring the grantee without charge to the charity, to carry out such additional work as is necessary to make good the failure.

Notification

All applicants will be notified of the outcome of their bid and successful applicants will have funding made available, once they have signed a grant agreement. 

For organisational grants, we have a formal grant agreement.

For small grants and any to individuals, we advise applicants of their award and include their obligations in receiving it. 

• Confirming receipt.
• It may only be spent for the purposes for which it was given.
• Any unused portion of the grant is to be returned to the charity.
• Reporting back on how the grant was spent.
• Reporting back on the impact the grant had and.
• Any supporting evidence required, such as receipts.
• Including any deadline for doing so.

Data Protection

Applicants’ data will be held in accordance with data protection legislation.  It will be held securely, disclosed if subject to an access request, treated as confidential, only used for the purpose for which it has been provided and destroyed, once no longer needed.  

Safeguarding

 In making grants to or working with other organisations we will comply with Charity Commission guidance by carrying out relevant due diligence and having a written agreement that sets out:

• Our relationship.
• The role of each organisation.
• Monitoring and reporting arrangements.

Checks and Due Diligence

The charity will carry out sufficient due diligence on grant applicants to confirm the identity of the applicant and that.

• Any funding will be applied in accordance with the charity’s charitable purposes.
• Funds will not be knowingly used for illegal purposes, such as money laundering, bribery or financing terrorism.
• The applicant does not hold views or have any involvement in activities contrary to the charity’s values and charitable purposes.

We have a robust, risk based Due Diligence procedure.  

Promotion

Often those we are trying to reach are the least able to be able to research and find us and to make effective applications.  Consequently, it is important to ensure that those we are seeking to reach are made aware and that the application process is kept as simple as possible.

Ways in which people can be made aware include promotion:

• Via websites, such as funders, local community groups and foundations.
• Social media – either groups relevant to our activity, or local town/village/community groups.
• Posters in village/town, churches or mosques, doctors’ surgeries and shops.
• Through networks of those who come into contact with potential beneficiaries, such as relevant statutory services and charities.

For some groups, we may provide information a different way, such as an additional language, or to make these accessible to people who have disabilities.

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Regulatory Guidance

1. Grant Funding an Organisation That Isn’t A Charity.
2. Work with other charities: making grants to other charities.
3. Know your partner, key issues to think about.

CC37: Charities and public service delivery.

This grant is made on <date> between

Organisation legal name (the Donor).  The MSK Trust

Registered Office:

Charity number:

and,

Organisation legal name (the Grantee). 

Registered Office: 

Charity number:

Project Name

Objectives

The overall aim of this project is to …………………………….  The main objectives we aim to achieve are:

1. What, when, where, how……
2. What, when, where, how……
3. What, when, where, how……

Delivery of Charitable Activities

The Programme Plan is at Schedule X.

Specify quality, quantity and timescale, insofar as reasonably possible.  Where possible,  the deliverables should be matched to the budget amounts.   

Reporting & Monitoring

Specifics of when reports to be received, specific delivery, financial and other data required, such as delays/problems and action in hand to remedy, with timescale and expected outcome, lessons learned. 

Access to sites, projects, finance records etc, if required.  Any notice period to be given.

Finance

Schedule of payments against deliverables – quality, quantity, timetable. 

Funding may be by staged payments, subject to receipt of adequate financial and project reporting against the specified deliverables (quality, quality and timescale), with any deviations explained, together with details of the action being taken to address any shortfalls in delivery.  Percentage of the final grant payment will normally be withheld, pending satisfactory receipt of the final project and financial reports.

Funding may be delayed, withheld or subject to claw back, at the sole discretion of the trustees, in the event of any failure to meet project deliverables and timescales, and/or comply with the agreement.

The grant, budget and reports will be in British pounds.  The charity will meet the cost of bank transfer, but not any loss on currency exchange or additional taxes.  Any conversions are to be made at the OANDA rate at the time. 

Any systems of internal control, such as set-up and access to banking, cash security etc.

Funding Transfers

Funding will normally be transferred only using registered money transfer systems, to a bank account in the name of the organisation, with a recognised bank. 

Funding transfer methods will be subject to checking in accordance with Charity Commission guidelines.

Financial Record Keeping/Audit

Requirements to keep specific records and details of formats, data to be recorded etc.  For example, cash accounting, no netting off of transactions.  

Requirements to retain original receipts, paid invoices etc for audit.

Submission of independently audited accounts and auditors report, within given timescale.

Financial Reporting

Financial reporting to be expenditure against budget line items, with explanations for any variances. Clarity on what is being reported and how. For example, capital (set-up) cost and project running costs, and total cost of project and grant contribution to project.  To include exchange rate used in converting local currency to £ UK.

Exclusions

Funding to be used only for agreed project activities, except for any agreed overheads specifically included in agreement.

Anything for which funding may not be used, such as bribes, facilitation fees or similar,  payments to related parties, such as family members or business associates.

Termination

Basis on which agreement may be terminated, some options:

• Notice period.
• Declared bankrupt, voluntary arrangement, administrative receiver, receiver or liquidator is appointed;
• Unable or unlikely to perform the services and … considers it unlikely that the services will be completed within the due time and/or a reasonable standard;
• Commit fraud or any serious or repeated breach or non-observance of any of the provisions of this agreement or refuse or neglect to comply with any reasonable and lawful directions of …..
• Guilty of conduct prejudicial to …. or is likely to bring into disrepute;
• Fails or refuses after written warning to provide the services reasonably and properly required.

Remedies

Action that may be taken on breach of the agreement, such as

• to rescind the grant agreement; or
• to refuse to accept the provision of any further services and to require the immediate repayment of some/all sums previously paid
• to require ….., without charge to ……, to carry out such additional work as is necessary to correct ………… failure.

Compliance

Compliance with the requirements in our grant making policy is a condition of this agreement.

Add any additional regulatory permissions, licenses or approvals required for the project and any professional and/or trade body membership, including registration/membership numbers.  Compliance with the law, taxation, etc.

Safeguarding

If working with children, or vulnerable adults, partner organisations are required to have their own safeguarding procedures that must, as a minimum, meet the standards in our safeguarding policy, and include any additional legal or regulatory requirements specific to their work.  In the event of a safeguarding breach, this is to be reported to the charity, including what action has been taken to prevent any further breaches.   

Data Protection

The grantee will ensure that the provisions of the UK Data Protection Act are fully complied with.  This includes, but is not limited to, obtaining appropriate consent to hold the data, ensuring that the data is only held where there is a legitimate business reason to do so, it is held securely, access is restricted to those who need to have it, is disclosed when the organisation is obligated to do so and retained only for as long as it is required.  

For organisations outside of the UK, this includes the provisions on transfer of data internationally and is in addition to compliance with the grantee’s own country’s data protection legislation.

Procurement

Requirements most commonly include minimum of 3 quotations for purchases in excess of £x. 

Others might be meeting certain specific safety/technical requirements, supplier selection (good reputation and track record, financially sound), retention of original quotations documents for audit and documenting the procurement procedures followed.

Branding/PR

Use of brand, compliance with brand guidelines – Schedule X.  Any sign off required on publication, attribution etc and will ensure recognition in any communications relating to project.    

Ongoing Disclosure

Information that is to be disclosed by grantee during the grant agreement period, including any timescale; immediately, with 48 hours, in next report. Examples:

• Any suspected or actual financial mismanagement, abuse of beneficiaries, halt or disruption to the project.
• Any breaches in safeguarding procedures.
• Grantee directors, senior management subject to regulatory censure, criminal or civil court action (other than trivial offences).
• Any other serious issue that grantor might reasonably wish to be notified of.

Sub-Delegation

If work may be sub delegated to others.  Include requirement for headings in this agreement to cascade down and be complied with by sub-contractor – safeguarding, anti-bribery etc.  Responsibility for delivering programme to remain wholly with grantee.

Waiver

No failure or delay by the donor to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Entire Agreement

Grant agreement and the requirements in the grant making policy constitute the entire agreement.  If any other documents that form part of this, refer to these.  For example, a budget or policy.

Variation

No variation of this agreement [or of any of the documents referred to in it] shall be valid unless it is in writing and signed by or on behalf of each of the parties.

Liability

All payments are made entirely at the discretion of the donor, who will not assume liability for any claims for damages arising out of this grant. 

The Grantee undertakes to indemnify and hold the donor harmless from all claims and all direct or consequential liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid, as a result of or in connection with the provision of the charitable activities performed.

Third Party Rights

Except as expressly provided, a person who is not a party to this grant shall not have any rights under the Contracts (Rights of Third Parties) Act 1999, or any similar provisions of law in any jurisdiction, to enforce any term of these terms and conditions. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

Governing Law and Jurisdiction

This grant and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

 The parties irrevocably agree that the courts of England and Wales shall have [exclusive or non-exclusive] jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Schedules

1. Programme Schedule and timetable.
2. Budget, Payment & Financial Reporting.
3. Branding – Use/Guidelines/House Style/Tone of Voice, as applicable.
4. Visits & Reporting Schedule.
5. Relevant Policies.
6. Points of Contact and Responsibilities.
7. Confidentiality and Dispute Resolution.
8. ……………..

Regulatory Guidance

1. Charity Commission – Outline partnership agreement.
2. Charity Commission – Know your partner, key issues to think about.
3. Charity Commission – How to manage risks when working internationally.
4. Charity Commission – How to assess risk for charities working internationally.

This procedure does 2 things. 

• Firstly, it provides a test that legal, regulatory and other essential criteria have been met.
• Secondly, it is also an assessment to the extent to which charitable benefit will be maximised to support selection of the best from multiple projects/proposals.  

It is a checklist, so not all elements will be relevant in all cases and you may wish to include additional ones relevant to any given project.

Step 1 – Charitable Impact

Unmet Need. This project responds to a significant and possibly urgent unmet need that neither we nor other organisations are likely to be able to meet without this project.   

Impact.  It focusses our efforts where these will have most impact for our beneficiaries or delivers the greatest fundraising surplus we might reasonably achieve. 

Step 2 – Charitable & Public Benefit

Charitable Benefit. 

• The activity falls within our charitable objectives and.
• Will demonstrably support our charitable aims and business plan objectives. 
• The benefits will be sufficiently great to justify both the cost and risk.

Public Benefit.  The proposals are exclusively charitable in nature. 

• Any private benefit is incidental.
  • If a private company is donating funding, products or other kind of support, this will be appropriately recognised, but any private benefit will be no more than incidental.
• It will reach sufficient numbers to justify the activity/proposal and.
• No-one is unreasonably restricted from attending/participating.
• Risk of harm is no more than incidental.

There is adequate evidence to support the above – the project plan/proposal includes a:

• Budget of costs and income that demonstrate any:
  • Private benefit will be no more than incidental.
  • Any prices are sufficiently low to not unreasonably prevent people attending/participating.
    • Or there is reasonable provision to reduce/subsidise and/or waive fees/costs for those who may be.
  • Breakdown of anticipated numbers and, if relevant, an estimated breakdown of composition.
  • Sufficient marketing to ensure that anyone who may reasonably wish to attend/participate, is aware of the project/activity.
  • For disaster support, making grants to the DEC or leading NGO have been considered.

Equality.  There is appropriate representation by all constituencies who should be. No one who should be there/involved has been left out.

Exclusion.  There is adequate representation of those with lived experience and it will be run in a way that will ensure their voices have been heard.

Identification.  If appropriate, there are processes to identify beneficiaries/attendees.

Selection.  If capacity/places may be exceeded, there are procedures to increase planned numbers, or allocate applicants to the next event/course and/or priorities to allocate places to those most deserving.

Step 3 – Planning and Reporting

Policies & Strategy.  The activity fits within and supports local, regional or national policies and/or initiatives, as appropriate.  

Due Diligence.  Adequate checks have been carried out.  Including confirming that partners have adequate capacity and capability to deliver and do not hold views or undertake activities that are/could be perceived to conflict with our aims and values.

Legality.  It complies with all relevant organisational policies and legal, regulatory and, if applicable, any accreditation or licensing authority requirements.  

Risks.  Have been identified and quantified, and appropriate mitigation/avoidance action put in place.  You can use this Charity Excellence resource to assess risk quickly and simply.  If you’re planning an event, here’s a Charity Excellence event checklist. For work overseas disaster relief, the trustees will first consider if it would be in the best interests of the charity and its beneficiaries to make a grant to a major, or the lead NGO supporting the relief efforts. 

Disaster Response. 

• The lead organisation or Government coordinating efforts has been identified and the proposals does not conflict or duplicate other work on the ground.
• Providing donations, rather than active support has been considered and would not be the best the option.
• On the ground intelligence/security/safety information is available, does not preclude the proposal going ahead and any necessary safeguards have been built into the project plan.
• Monitoring/reporting systems have or will be established that will reasonably ensure that any material changes in circumstances/risk will be identified and acted upon.

Safeguarding.   If the project/activity involves young or other vulnerable people any necessary safeguarding action has been taken.

Opportunity Cost.  It represents the best possible use of resources required – both funding and time. No other activity or project would make better use of these.

Options/Design.  Alternative options have been assessed, and the one chosen is the best.  Its design is the most effective way of delivering the project.  Think widely – in-house delivery, fixed term staff contracts, engaging a contractor, outsourcing, partnership, Joint Venture etc.

Staff & Volunteers. There are sufficient staff/volunteers/external support with all the skills needed, or provision for these is funded in the proposal.

Planning. There is a robust delivery plan with key milestones and realistic objectives, within an achievable timetable.  Who is leading each aspect is clear and they have committed to the project.

Reporting & Learning.  There are sufficient feedback/reporting mechanisms built in to ensure that we will know that the project objectives have been delivered and that any learning is captured and shared.

Artificial Intelligence.  Any us of AI complies with the Charity AI Ethics & Governance Framework.

Step 4 – Fundraising and Finance

Budget. Is taut, realistic and includes all relevant costs with clarity on start-up (one-off) and ongoing costs, overheads and multi-year.

Value For Money.  Taking into account the costs, time and risk, the project outcomes make it well worthwhile. 

Contracts/Agreements.  There is a written contract or agreement in place that specifies the deliverables, timetable, milestones, finance, monitoring and reporting.

Fundraising.  We have an adequate funder prospect list or other sources of income available to be able to fully fund the project. 

Step 5 – Assessment

Step 6 – Approval

Version Control – Approval and Review

Purpose

Our charitable activities include working with vulnerable people.  The purpose of this policy is to protect them and provide stakeholders and the public with the overarching principles that guide our approach in doing so. 

Lead Trustee

A lead trustee will be appointed to provide oversight of safeguarding and to lead on any incident investigation and reporting.

Applicability

This policy applies to anyone working on our behalf, including our trustees and other volunteers.

Partner organisations will be required to have their own safeguarding procedures that must, as a minimum, meet the standards outlined below, and include any additional legal or regulatory requirements specific to their work.  These include, but are not limited to other UK regulators, if applicable.

Safeguarding should be appropriately reflected in other relevant policies and procedures. 

Principles 

We believe that:

• Nobody who is involved in our work should ever experience abuse, harm, neglect or exploitation.
• We all have a responsibility to promote the welfare of all of our beneficiaries, staff and volunteers, to keep them safe and to work in a way that protects them.
• We all have a collective responsibility for creating a culture in which our people not only feel safe, but also able to speak up, if they have any concerns.

Types of Abuse

Abuse can take many forms, such as physical, psychological or emotional, financial, sexual or institutional abuse, including neglect and exploitation.  Signs that may indicate the different types of abuse are at Appendix 1.

Reporting Concerns

If a crime is in progress, or an individual in immediate danger, call the police, as you would in any other circumstances. 

If you are a beneficiary, or member of the public, make your concerns known to a member of our team, who will alert a senior member of the charity. 

For members of the charity, make your concerns known to your supervisor.  If you feel unable to do so, speak to a trustee.   

The trustees are mindful of their reporting obligations to the Charity Commission in respect of Serious Incident Reporting and, if applicable, other regulator.  They are aware of the Government guidance on handling safeguarding allegations.

Responsibilities

Trustees.  This safeguarding policy will be reviewed and approved by the Board annually. 

Trustees are aware of and will comply with the Charity Commission guidance on safeguarding and protecting people and also the 10 actions trustee boards need to take to ensure good safeguarding governance. 

A lead trustee/committee with be given responsibility for the oversight of all aspects of safety, including whistleblowing and H&SW.  This will include:

• Creating a culture of respect, in which everyone feel safe and able to speak up.
• An annual review of safety, with recommendations to the Board.
• Receiving regular reports, to ensure this and related policies are being applied consistently.
• Providing oversight of any lapses in safeguarding.
• And ensuring that any issues are properly investigated and dealt with quickly, fairly and sensitively, and any reporting to the Police/statutory authorities is carried out.
• Leading the organisation in way that makes everyone feels safe and able to speak up.
• Ensuring safeguarding risk assessments are carried out and appropriate action taken to minimise these risks, as part of our risk management processes.
• Ensuring that all relevant checks are carried out in recruiting staff and volunteers.
• Planning programmes/activities to take into account potential safeguarding risks, to ensure these are adequately mitigated.
• Ensuring that all appointments that require DBS clearance and safeguarding training are identified, including the level of DBS and any training required.
• Ensuring that a central register is maintained and subject to regular monitoring to ensure that DBS clearances and training are kept up-to-date.
• Ensuring that safeguarding requirements (eg DBS) and responsibilities are reflected in job descriptions, appraisal objectives and personal development plans, as appropriate.
• Listening and engaging, beneficiaries, staff, volunteers and others and involving them as appropriate.
• Responding to any concerns sensitively and acting quickly to address these.
• Ensuring that personal data is stored and managed in a safe way that is compliant with data protection regulations, including valid consent to use any imagery or video.
• Making staff, volunteers and others aware of:
  • Our safeguarding procedures and their specific safeguarding responsibilities on induction, with regular updates/reminders, as necessary.
  • The signs of potential abuse and how to report these.

Everyone. To be aware of our procedures, undertake any necessary training, be aware of the risks and signs of potential abuse and, if you have concerns, to report these immediately (see above).

Fundraising

We will ensure that:

• We comply with the Code of Fundraising Practice, including fundraising that involves children.
• Staff and volunteers are made aware of the Institute of Fundraising guidance on keeping fundraising safe and the NCVO Guidance on vulnerable people and fundraising.
• Our fundraising material is accessible, clear and ethical, including not placing any undue pressure on individuals to donate.
• We do not either solicit nor accept donations from anyone whom we know or think may not be competent to make their own decisions.
• We are sensitive to any particular need that a donor may have.

Online Safety

We will identify and manage online risks by ensuring:

• Volunteers, staff and trustees understand how to keep themselves safe online. We may use high privacy settings and password access to meetings to support this.
• The online services we provide are suitable for our users. For example, use age restrictions and offer password protection to help keep people safe.
• The services we use and/or provide are safe and in line with our code of conduct.
• We protect people’s personal data and follow data protection legislation.
• We have permission to display any images on our website or social media accounts, including consent from an individual, parent, etc.
• We clearly explain how users can report online concerns. Concerns may be reported using this policy, or direct to a social media provider using their reporting process.  If you are unsure, you can contact one of these organisations, who will help you.
• We have adopted and comply with the Charity AI Ethics & Governance Framework.

Working With Other Organisations

 In working with other organisations, including any grant making, we will comply with Charity Commission guidance by carrying out relevant due diligence and having a written agreement that sets out:

• Our relationship.
• The role of each organisation.
• Monitoring and reporting arrangements.

Version Control – Approval and Review

 This policy will be reviewed as part of any safeguarding incident investigation, to test that it has been complied with and to see if any improvements might realistically be made to it. 

Statutory Guidance

Gov.UK – The role of other agencies in safeguarding

CC: Infographic; 10 actions trustees need to take.

CC: Safeguarding duties of charity trustees

CC: Safeguarding – policies and procedures

CC: How to protect vulnerable groups

CC: Managing online risk.

Useful Links

NCVO: Online safeguarding resources.

NSPCC: Writing a safeguarding policy

Appendix 1 – Signs of Abuse

Physical Abuse.

• bruises, black eyes, welts, lacerations, and rope marks.
• broken bones.
• open wounds, cuts, punctures, untreated injuries in various stages of healing.
• broken eyeglasses/frames, or any physical signs of being punished or restrained.
• laboratory findings of either an overdose or under dose medications.
• individual’s report being hit, slapped, kicked, or mistreated.
• vulnerable adult’s sudden change in behaviour.
• the caregiver’s refusal to allow visitors to see a vulnerable adult alone.

Sexual Abuse.

• bruises around the breasts or genital area.
• unexplained venereal disease or genital infections.
• unexplained vaginal or anal bleeding.
• torn, stained, or bloody underclothing.
• an individual’s report of being sexually assaulted or raped.

Mental Mistreatment/Emotional Abuse.

• being emotionally upset or agitated.
• being extremely withdrawn and non-communicative or non-responsive.
• nervousness around certain people.
• an individual’s report of being verbally or mentally mistreated.

Neglect.

• dehydration, malnutrition, untreated bed sores and poor personal hygiene.
• unattended or untreated health problems.
• hazardous or unsafe living condition (e.g., improper wiring, no heat or running water).
• unsanitary and unclean living conditions (e.g., dirt, fleas, lice on person, soiled bedding, faecal/urine smell, inadequate clothing).
• an individual’s report of being mistreated.

Self-Neglect.

• dehydration, malnutrition, untreated or improperly attended medical conditions, and poor personal hygiene.
• hazardous or unsafe living conditions.
• unsanitary or unclean living quarters (e.g., animal/insect infestation, no functioning toilet, faecal or urine smell).
• inappropriate and/or inadequate clothing, lack of the necessary medical aids.
• grossly inadequate housing or homelessness.
• inadequate medical care, not taking prescribed medications properly.

Exploitation.

• sudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money.
• adding additional names on bank signature cards.
• unauthorized withdrawal of funds using an ATM card.
• abrupt changes in a will or other financial documents.
• unexplained disappearance of funds or valuable possessions.
• bills unpaid despite the money being available to pay them.
• forging a signature on financial transactions or for the titles of possessions.
• sudden appearance of previously uninvolved relatives claiming rights to a vulnerable adult’s possessions.
• unexplained sudden transfer of assets to a family member or someone outside the family.
• providing services that are not necessary.
• individual’s report of exploitation.

Subject to meeting mandatory requirements, all volunteers are welcome. 

This policy details our procedures and will be applied, as appropriate, to help each volunteer find the role he/she would most enjoy, and which will enable him/her to contribute most to our work. 

That may range from a substantial time commitment and a requirement for professional qualifications and in-depth experience, to simply a willingness to join in and help out.  

Promotion

Ways in which people can be made aware include promotion:

• Via websites, such as funders, local community groups and foundations.
• Social media – either groups relevant to our activity, or local town/village/community groups.
• Posters in village/town, churches or mosques, doctors’ surgeries and shops.
• Through networks of those who come into contact with potential beneficiaries, such as relevant statutory services and charities.

For some groups, we may provide information a different way, such as an additional language, or to make these accessible to people who have disabilities.

Recruitment

All potential volunteers will be interviewed.  We follow safer recruitment practices in that we:

• Inform candidates of our commitment to safeguarding those in our care.
• Plan our recruitment timeline to ensure we have enough time to vet each candidate.
• Explain that volunteers have to undergo strict vetting procedures before appointment.
• Carry out pre-employment checks, including DBS checks, qualification checks, reference checks and identity checks.
• Ensure volunteers are appropriately trained for their duties.

If working in a professional capacity, you must have up-to-date relevant training and undertake refresher training every 2 years.

• We encourage all volunteers working with vulnerable people to undertake training to Level 1 or 2.
• Everyone working with vulnerable adults or children will be supervised.

Induction

• Checks and administration, including policies and procedures.
  • Induction into our safeguarding procedures and:
    • If applicable, relevant DBS checks and any safeguarding training required.
  • Relevant identity and right to work checks.
• Welcome and induction into our work, by a team member.
• Welcome and induction and/or on-the-job training for their role, by a team member from that area, including health & safety at work, such as fire procedures.
• Ongoing support and mentoring, and refresher training, as required.

Selection

Mandatory Requirements

• A commitment to our work.
• A desire to help and be kind to others.
• Sufficient time/flexibility to be able to carry out his/her role.
• Where a role specifically requires professional qualifications, experience or accreditation, or other requirement, such as a licence to practice.

Desirable Skills and Experience

• Knowledge of, or experience of working in a charity, or role relating to your volunteering role.
• Relevant professional qualifications or experience.  
• Ability to work independently and as part of a team.
• Strong interpersonal and people management skills.
• Good verbal communicator, able to get on well with people and to ask questions positively.

Grant Panel

• The ability to assess sometimes complex data and numbers, draw conclusions and test these against criteria to determine if an application should be considered.
• The ability to compare the merits and otherwise for different activities and to draw logical and fair conclusions regarding their respective order of criteria.
• A sense of fairness.

Exceptions

We welcome anyone who wishes to volunteer to help us but there are some circumstances where this may not be possible.  For example:

• You must have the right to work in the UK and for some visitors to the UK (on visas), asylum seekers and refugees this may not always be the case, or.
• The role you would like may require experience or professional skills you don’t have, and for some roles, there may be specific legal requirements that we must meet.

We should stress that there are only a few occasions when this might apply, and we will always do our best to find a way to welcome you into our charity.  

Version Control – Approval and Review

Regulatory Guidance

Charity Commission: How to manage your charity’s volunteers.

Fundraising Regulator: Volunteers.

Health & Safety Executive: Volunteering – how to manage the risks.

Gov.UK – DBS checks: guidance for employers.