Guest Posted December 4, 2011 Share Posted December 4, 2011 Hi all Well meeting with Board of Gov last week about them taking on OOSC. They did say that it would be dependent on them getting the money that is currently in the bank to help them maintain club. So they are getting legal advice, we as committee asked the charity commission if the school could take the money as they were taking on the running of the club. I copied the charity commission our dissolution clause below Such a resolution may give instructions for the disposal of any assets held by or in the name of the Group but provided that if any property remains after the satisfaction of all debts and liabilities, such property shall not be paid or distributed among other members of the Group, but shall be given or transferred to such other charitable institution or institutions having objects similar to some or all of the objects of the Group as the Group may determine and if and in so far as effect cannot be given to this provision, then to some other charitable purpose. and the answer from them was The funds can be passed to the school if the trustees are satisfied that in so doing they are furthering the objects of the charity I must admit to being very surprised by this. Anyway one committee member thinks that if we transfer the money to school we may have an issue with a potential claim on it in years to come. Would we be personally liable should this be the case? Or Once transfered would it be the responsibility of the school?Initially the club was run by school and it was set up by a 16k lottery fund. This is what the head says although we as a committee have no paperwork to confirm. The OOSC was in school hands for approx 3 yrs and then became committee run. Is this something our michael morton inurance will cover? I can find anything to cover this on an internet search. Ive got this and TUPE regulations (speaking to ACAS tom) buzzing around in my head. Anyone got any suggestions? Thanks x Link to comment Share on other sites More sharing options...
Fredbear Posted December 4, 2011 Share Posted December 4, 2011 Who would the potential claimants be in years to come marley? Link to comment Share on other sites More sharing options...
Guest Posted December 4, 2011 Share Posted December 4, 2011 We think the club was started off with a 16k lottery fund grant but can find no record about it as it was set up 1997 by the school before it went to committee. This was said by the head at the meeting. Is this something which they may want back or is there a time limit on these things? Link to comment Share on other sites More sharing options...
Rea Posted December 4, 2011 Share Posted December 4, 2011 There can be time limits set on grants. At an information day a while back we were invited to apply to the EY dept for grants but in some cases they wanted us to say we would still be in our premises for 10 or sometimes 25 years. Obviously childminders and those of us in rented premises couldnt agree to that so we couldnt go for the grant. Would the Lottery have a record of it? If not then I'd say there were no limits otherwise how would they keep track? Link to comment Share on other sites More sharing options...
Fredbear Posted December 4, 2011 Share Posted December 4, 2011 Yes we had a clause in a recent grant we received which stipulated that even if our setting were to close, that the hall owners would still have to provide a service for Early Years for the next ten years. Link to comment Share on other sites More sharing options...
Guest Posted December 5, 2011 Share Posted December 5, 2011 Hi Well contacted the lottery fund and they want info about name and reference number. Have given them our name but have not got ref number as no paperwork! Have asked Head if he had any. Some committee members say that it has been passed down chair to chair that club received money and that if we dissolved it had to be paid back but no-one knows who and as chair i havent got any records of that. One committee member recommended we get some sort of indemnity insurance so that if claimants do appear in years to come we are not personally liable and that they have to get it from the school. Anyone see this as an issue? Is anyone else surprised that the charity commission states its ok for us to pass the money onto the school??? ie it is not a charity. Link to comment Share on other sites More sharing options...
JacquieL Posted December 5, 2011 Share Posted December 5, 2011 It depends on the object of your charity. I would think that, as the school would be continuing to run the club, then your resources could be passed on quite legitimately for their use rather than them having to start from scratch. They will be replacing your service so have the same purpose as you. As far as your grant is concerned as you are a Charity you must have minutes from meetings and AGMs, so if you look back you should be able to find them. If you had money in the past presumably there must be accounts and audits to show where that money has gone. Did you have to submit annual accounts to the Charity Commission? As this club was set up some time ago I would imagine the grant only covered a short period to set it up, and it wasn't ongoing. Was it initially to cover premises and equipment, or did it include money to cover staffing costs. They wont want those back, and they would expect your resources to have been replaced by now I should think. Have you tried going on to the Charity Commission site and typing in your groups name? Something may show up. http://www.charity-commission.gov.uk/ Link to comment Share on other sites More sharing options...
Inge Posted December 5, 2011 Share Posted December 5, 2011 Surely, if there was an issue it would have arisen at the point the school no longer ran the club and it was handed over to the committee... the school were the ones given the set up grant not the committee run group... they took it over and it is now returning to the school.. full circle.. all a bit hearsay too, without any documents there is no way of knowing the circumstances.. the school would be the ones to supply the original paperwork not the committee run setting. Link to comment Share on other sites More sharing options...
narnia Posted December 5, 2011 Share Posted December 5, 2011 My setting was set up with a lottery grant too and I was told I would have t pay a % of the money back if I closed within 3 years, so I think you're quite safe Link to comment Share on other sites More sharing options...
Guest Posted December 5, 2011 Share Posted December 5, 2011 HI Well lovely lady emailed me back after checking her records. It was done when it was taken over by the committee from the school in 2000 and they said that they do not require us to pay it back..phew...getting there with all of this.... I have asked the secretary to check all her stuff but there is nothing in the chairs stuff about it all! I have printed off all of this and put copies etc into the chairs stuff so that there is always a record. Just waiting call back from ACAS about TUPE law for exisiting staff!! Link to comment Share on other sites More sharing options...
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