Broadbridge Heath Village Centre - Charity No. 1011613

Roy Neilson made this Rhyddid Gwybodaeth request to Charity Commission for England and Wales

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Charity Commission for England and Wales,

Please can you provide me with an electronic copy of the updated governing document of Charity No. 1011613 Broadbridge Heath Village Centre, which was amended by the Trustees last year. I believe the amendments were made in the form of an appendix to the original Trust Deed dated 10th April 1991.

Can you also let me know the name of the new Chairman of Trustees of this charity, who was appointed following the charity's AGM in November 2015.

Yours faithfully,

R Neilson

FOI Requests, Charity Commission for England and Wales

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FC Do Not Reply (Queue), Charity Commission for England and Wales

Dear Sir or Madam

Broadbridge Heath Village Centre – 1011613

Thank you for your email.

After checking our records, I would advise that we have not been notified
of any changes to the charity’s governing document.  According to our
records, the charity is governed by a Trust Deed dated 10 April 1991.

Our records show that the current chair is Colin Edwards.

I hope this is of assistance.

Yours faithfully

Debbie Fleming

Charity Commission – Permissions and Compliance

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Dear Charity Commission for England and Wales,

Thank you for your response to my request.

The link www.broadbridgeheath.co.uk/vcc shows that on 2nd June 2015, changes were made to Sections 4, 10 and 12 of the Trust Deed dated 10th April 1991 and that these changes were approved by the Charity Commission. Is there any evidence that the Charity Commission approved these changes?

If, as you have confirmed, the Trustees have not notified you of these changes, then are the changes still valid? If so, then please can you let me know the date the changes came into effect.

Are the Trustees legally required to notify the Charity Commission of changes to the governing document? If so, then what is the deadline? If the Trustees fail to notify you of changes to the governing document, then which document legally governs the charity - the original Trust Deed or the amended version?

Thank you for confirming the name of the current Chairman of the Trustees

Yours faithfully,

Roy Neilson

FOI Requests, Charity Commission for England and Wales

Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
If you have used this email address for a query that is not an FOI
request, we will not reply.
 
Please contact [1]Charity Commission to resubmit general enquiries.
 
This is an automated email. Please do not reply to this email.
 
 
  ________________________________  
On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at [2]www.charitycommission.gov.uk. Remember to file on time and
use our online services.

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FC Email Team (Queue), Charity Commission for England and Wales

Dear Mr Neilson

Thank you for your email of 2 April.

With regard to your queries we would comment as follows:

(i)               our records show a telephone conversation and an email
of 4 April was sent from the Commission confirming that the changes had
been approved and the register would be updated.

(ii)              The trustees did notify us of the changes

(iii)            Trustees are legally obligated to notify us of changes to
a charity’s governing document, this enables us to keep an up to date
record of the charity’s details

(iv)            The deadline for notifying the Commission varies depending
on the type of charity and the type of amendment. For example, if a
charitable company was making a regulated amendment and changing the
purposes of the charity, they would firstly need to apply for the
Commissions consent and if the Commission provided consent they would need
to notify us once Companies House had accepted the change. However if a
charity was making administrative amendments to a governing document that
did not require consent these would take effect from the date of the
meeting and the trustees would be expected to notify us but there would be
no immediate deadline.

(v)             If the trustees fail to notify us of changes to the
governing document, if the changes made did not require our consent then
if the amended version was properly adopted in accordance with the
provisions then that document would legally govern the charity. However if
changes were made that did require our consent, without such those changes
would be considered invalid as they would not have been adopted properly
therefore meaning the original trust deed would legally govern the
charity.

I hope this has been of some assistance to you.

Yours sincerely

Laura Wainwright

Charity Commission – Permissions and Compliance Team

 

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Dear FC Email Team (Queue),

Thank you for your email of 20 April 2016.

(i) You have informed me that your records show a telephone conversation and an email of 4 April was sent from the Commission confirming that the changes had been approved and the register would be updated. I have never engaged in a telephone conversation with the Commission and have never received an email dated 4 April from the Commission. Please send me a copy of this email.

(ii) In your email dated 31 March you confirmed that you had not been notified of any changes to the Trust Deed. Now, in your email dated 20 April, you have informed me that the Trustees did notify you of the changes. Which is the correct information?

(iii) In your email dated 20 April you have informed me that if a charity was making administrative changes to a governing document that did not require consent these would take effect from the date of the meeting. What meeting are you referring to?

As requested in my email dated 2 April, please provide me with evidence that the changes made to the Trust Deed on 2 June 2015 were approved by the Charity Commission as confirmed in the link www.broadbridgeheath.co.uk/vcc. If the register has now been updated with these changes, then please provide me with an electronic copy of the updated Trust Deed as requested in my original email of 14 March 2016.

Yours sincerely,

Roy Neilson

Fcemailteam, Charity Commission for England and Wales

We acknowledge receipt of your enquiry.

A response will be issued providing your enquiry falls within our
regulatory remit.

Please do not send us a paper version unless we have specifically
requested this.

Thank you for your co-operation.

 

Cadarnhaf ein bod wedi derbyn eich ymholiad.

Fe gewch ateb os yw eich ymholiad o fewn ein rôl rheoleiddio.

Peidiwch ag anfon fersiwn papur i ni oni bai ein bod wedi gofyn am hyn yn
benodol.

Diolch i chi am eich cydweithrediad.

--------------------------------------------------------------------------

On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at www.charitycommission.gov.uk. Remember to file on time and use
our online services.

Consider the environment. Please don't print this e-mail unless you really
need to.

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FC Do Not Reply (Queue), Charity Commission for England and Wales

2 Atodiad

Dear Mr Neilson.

Thank you for your email.

The email and phone call referred to were not made to yourself. Please
accept our apology if we implied that that they were made to yourself. If
you require a copy of our correspondence please compete an application for
a Freedom of Information request and provide full details as to why this
is necessary for our further consideration.

We would suggest that you contact the charity trustees directly for their
views on the amendment.

The charity is governed by a Trust deed dated 10/4/91 as amended by a
Resolution dated 18 November 2015.

Charity trustees have a statutory power of amendment (irrespective of
whether it is stated within their charity’s governing documents.) It is
contained within Section 280 of the Charities Act 2011. It enables the
trustees of all unincorporated charities to amend any of the provisions of
the trusts of the charity that relate to their own powers to carry out the
purposes of the charity or regulating the charity’s internal procedures
without approval from us or any other organisation. It gives the trustees
of these charities power to alter the administrative powers in their
governing document. This brings the statutory power of amendment for
unincorporated charities broadly into line with that for charitable
companies.

If the trustees use this power to amend the administrative and/or
trusteeship provisions, we simply require a copy of the amending
Resolution which is made at a meeting of the charity’s trustees [ie
committee of management as detailed in clause 3 of the Trust Deed].

Our formal consent does not appear to be required for administrative
changes to the governing document of this charity.

Please find attached electronic copies of the charity’s governing
documents for your retention.

We hope that this information is of assistance to you.

Yours sincerely,

John Dearden.

Permissions and Compliance Team.

Charity Commission.

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Dear Charity Commission for England and Wales,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Charity Commission for England and Wales's handling of my FOI request 'Broadbridge Heath Village Centre - Charity No. 1011613'.

My request dated 14 March 2016 was for an electronic copy of the updated governing document of Charity No. 1011613 Broadbridge Heath Village Centre, which was amended by the Trustees last year. This was a simple, straightforward request and I expected to receive an electronic copy of this document within the 20 working day time frame. Instead, I did not receive this information until 13 May 2016, two months after my request was submitted.
Please provide me with a full explanation as to why the Charity Commission did not honour my request until 13 May 2016 and why I was given conflicting and misleading information in your emails dated 31 March 2016 and 20 April 2016. In particular,
• Why was I informed in your email 31 March that you had not been notified of any changes to the governing document and then subsequently informed in your email 20 April that you were?
• Having confirmed in your email 20 April that you were indeed notified of the changes, why was a copy of the updated document not attached with that email? Why did I have to ask again to be provided with a copy of the updated document, resulting in a further delay of over 3 weeks?
• Why was I informed in your email 20 April that a telephone call and an email dated 4 April was sent from the Commission and then informed in your email 13 May that this telephone call and email were not made to myself? Why were this telephone call and email relevant to my request? Please let me have a copy of your email dated 4 April.
If I had known that I would have to wait two months to receive a copy of a document that was amended in 2015, I would have submitted my request considerably earlier. A great deal of my time has been wasted trying to get a copy of this document which you should have been able to attach to your initial reply to me dated 31 March 2016.
Please look into this – I am not happy.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Roy Neilson

FOI Requests, Charity Commission for England and Wales

Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
If you have used this email address for a query that is not an FOI
request, we will not reply.
 
Please contact [1]Charity Commission to resubmit general enquiries.
 
This is an automated email. Please do not reply to this email.
 
 
  ________________________________  
On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at [2]www.charitycommission.gov.uk. Remember to file on time and
use our online services.

Consider the environment. Please don't print this e-mail unless you really
need to.

dangos adrannau a ddyfynnir

PCT - Liverpool (Queue), Charity Commission for England and Wales

Dear Mr Neilson

Broadbridge Heath Village Centre -1011613

Thank you for your email received 17^th May. I apologise for the delay in
my reply.

You have asked for a review of the handling of your request dated 14^th
March and subsequent contact. I have not conducted this review under the
provisions of our FOIA review procedures as your complaint is in regard to
the time delay and associated case handling in receiving the copy of the
above charity’s current governing document. This is being dealt with under
our complaints procedure. Please see the below link.

[1]https://www.gov.uk/government/organisati...

I can confirm that I have not had any involvement with your original case
and I am the manager of the team that has provided responses to your
queries.

Specifically you have asked:-

“Please provide me with a full explanation as to why the Charity
Commission did not honour my request until 13 May 2016 and why I was given
conflicting and misleading information in your emails dated 31 March 2016
and 20 April 2016.  In particular,

•    (i)   Why was I informed in your email 31 March that you had not been
notified of any changes to the governing document and then subsequently
informed in your email 20 April that you were?

•    (ii)   Having confirmed in your email 20 April that you were indeed
notified of the changes, why was a copy of the updated document not
attached with that email?  Why did I have to ask again to be provided with
a copy of the updated document, resulting in a further delay of over 3
weeks?

•     (iii)  Why was I informed in your email 20 April that a telephone
call and an email dated 4 April was sent from the Commission and then
informed in your email 13 May that this telephone call and email were not
made to myself?  Why were this telephone call and email relevant to my
request?  Please let me have a copy of your email dated 4 April.”

 

My response to your points are as below.

(i)           At the time of your original request 14^th March 2016 the
Commission was unaware the changes to the charity’s governing document had
taken place as our records at that time did not record a Resolution had
been made, this was confirmed to you in our email of 31^st March 2016.

 

A copy of the amending Resolution was submitted to the Commission by the
trustees shortly after adoption at the November 2015 AGM. However due to
an error this was not recorded on our system for the officer to confirm
the amendment to you.

 

As such at the time the case officer responded to you that error had not
been identified and the charity's entry on the Register had not been
updated. On identifying this, the charity’s page on our website was
amended to reflect its governing document as 'Trust Deed dated 10 April
1991, as amended by Resolution 18 November 2015'

 

(ii)          Noting the update you then contacted the Commission on 2^nd
April raising various      queries regarding changes to the governing
document to which we responded on 20^th April 2010. We did not however
attach a copy of the updated document in our response as in that
particular correspondence you did not specifically request a copy of this
document. When you subsequently requested a copy of the document it was
then released to you.

 

In hindsight, taking into consideration your original request, it would
have been pragmatic to have release a copy of the Resolution to you with
our response. As such I apologise that a copy was not forwarded to you on
20^th April and for the subsequent delay in you receiving this.

 

(iii)          The telephone call and email of the 4^th March were between
the charity and the Commission regarding the error and on another
unrelated matter. It was confirmed to you in our email of 13^th May that
the telephone call and email referred to in our previous correspondence
was not made to you nor was the email sent to you.  

 

            This was in relation to your question contained in your email
of 2^nd April where you asked “Is there any evidence that the Charity
Commission approved these changes?”

 

The response being “our records show a telephone conversation and an email
of 4 April was sent from the Commission confirming that the changes had
been approved and the register would be updated.” The officer meaning an
exchange with the charity had taken place regarding the update and this
fell into the scope of your request.

 

I will respond to your request for a copy of the email of the 4^th April
in a separate email.

Based on my review of the concerns you have raised, other than that
identified regarding providing you with a copy of the amendment in our
email of the 20^th April, I am satisfied that the advice given by the
officers with whom you have corresponded was accurate in relation to the
system information available to them at the time.

Unfortunately we are currently dealing with large volumes of
correspondence and we cannot always provide our service within the usual
time frame as such I again apologise for the delay in responding to you.

I hope the above explanation has provided clarification on the points
raised and this email concludes my consideration of your complaint and I
hope that you have found it helpful. However, if you remain dissatisfied
with the standard of service you have received, then please email the
Business Assurance Team on or before (one month from date of response)
at;  [2][email address] and a review of the
way your complaint has been handled will be undertaken by a member of that
team.

Yours sincerely

Ms Jan Provost (Charity Commission- Permissions and Compliance Casework
Team Manager)

 

 

dangos adrannau a ddyfynnir

FC Do Not Reply (Queue), Charity Commission for England and Wales

Dear Mr Neilson

Broadbridge Heath Village Centre -1011613

Following on from my email of today’s date I am responding to your request
for a copy of the email dated 4^th April in connection with the above
charity, as mentioned in our previous correspondence to you, again I
apologise for the delay in responding to this request.

I have dealt with your request under the Freedom of Information Act 2000
(the Act).

I can confirm that the Charity Commission does hold the information
requested.

I consider that this is information is exempt from disclosure under the
following exemption. Section 31(1)(g) of the FOIA is engaged if disclosure
‘would or would be likely to prejudice the exercise by any public
authority of its functions for any of the purposes specified in subsection
(2)’.

The relevant purposes in subsection (2) in this case is:

(c) the purpose of ascertaining whether circumstances which would justify
regulatory action in pursuance of any enactment exist or may arise

In order for the Commission to carry out its regulatory functions, it
needs to be able to have open and candid dialogue with charities and
gather information to assess whether the Commission needs to use its
powers. The likely prejudice to the Commission should the requested
information be disclosed is that it would significantly inhibit the
Commission’s ability to gather information if it became known that it
regularly releases all correspondence concerning a particular case either
while the case is ongoing or after it has closed.  This would be likely
adversely affect the Commission's ability to regulate effectively.

This exemption requires us to balance the public interest in disclosure
against the public interest in non-disclosure. As such I took into account
the factors in favor of disclosure which included the need for the
Commission as a public body to be transparent and accountable.  However,
weighing against disclosure is the argument that if communications with
charities which are subject to regulatory engagement by the Commission are
routinely disclosed, charities would be reluctant to co-operate or enter
into open and frank discussions with the Commission in the course of its
ongoing work. The Commission is of the view that it is not in the public
interest for the Commission’s ability to carry out its regulatory
functions to be hampered in this way.

Therefore, on balance, the greater public interest is in withholding the
information.

If you think our decision is wrong, you can ask for it to be reviewed.  
Such requests should be submitted within three months of the date of our
response and should be addressed to the Charity Commission at PO Box 211,
Bootle, L20 7YX (email: [email address]). 
More information about our Freedom of Information Act review service can
be found on the following link on our website:  
https://www.gov.uk/government/uploads/sy....

If, after this, you remain unhappy with the decision, you may apply
directly to the Information Commissioner (ICO) for a decision.  Generally,
the ICO cannot make a decision unless you have exhausted our review
procedure.  The ICO  can be contacted at the Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (email:
[1][email address].)

Yours sincerely

Ms Jan Provost (Charity Commission-Permission and Compliance Team Manager)

 

 

 

 

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