PLA constitution

[zigzag]

Please can someone confirm that the most up to date PLA constitution is the 2011 one. Also where can I look to find out which constitution we are currently under? Would there be a record online anywhere? I have looked through our minutes and I think we are still under the 2004 one! Since taking on the administrator role this is the first time I have organised the minutes and looked for the constitution. Am thinking we will have to have a meeting to adopt the 2011 one.

[Cait]

Yes, it's the 2011 one at the moment. The PSLA will be able to tell you which version you are running to, but I suspect that as you've not come across it in any minutes, then you aren't running to it at the moment. Have a meeting to formally adopt the new one and then send a copy of your Mins to the PSLA who will notify the Charities Commission. That bit takes a few months. Once you get an email back from the PSLA you will be officially running to the new constitution, not until then.

[lsp]

You could ring psla to find out which is the most recent model. Not that really helps to find out which one you run under. Charity Commission should have a copy but not sure how you speak to a real person.

[lsp]

Sorry Cait we had a bit of a crossover moment!!!

[Cait]

I am currently waiting for PSLA email to say that CC have agreed it. It then apparently takes a while for CC to change their paperwork, but you are ok from when you get the email.

Edited February 17, 2017 by Cait

[Mouseketeer]

Lol this has raised another question ...I know we have a signed 2011 constitution from an AGM but how would PSLA or CC know this...cause you can bet your life on it that no one on the committee told them haha

[thumperrabbit]

I know we were under the 2011 constitution but I never told anyone, also since the days when the PLA did have advisors (3 plus years ago?) nobody has ever asked!

[lsp]

I know we sent details to CC but I don't think we registered it with PSLA.

[zigzag]

Found this on the PLA site.

 

As a charity, your governing document is integral to your decision-making. It provides the rules for running your charity and validating your existence with the Charity Commission.

 

Many Alliance member charities believe they have adopted the Alliance Model Pre-school Constitution 2011, but less than 15% have actually done so correctly. For the adoption to be valid with the Charity Commission, it must be submitted through the Alliance’s Scheme process.

 

Powers include:

 

Elect staff (with their agreement) to the role of trustee, allowing them to act as the nominated person with Ofsted*

Appoint staff (with their agreement) to the role of holding trustees

Allow adequate financial control over funds through dual authorisation

Exclude trustees from discussions where there is potential for a conflict of interest

Ensure general meetings take place, after having been adjourned due to a low turnout

Remove trustees who commit a misconduct

*Since January 2016 only a trustee can act as the nominated person.

 

Next steps

 

You will need to hold a General Meeting, to ask all members to approve the new governing document. Please then send the following statement to Information Services (see contact details below)

 

I confirm that the members of our charity have voted in favour of adopting the Pre-school Learning Alliance Model Pre-school Constitution 2011 in line with the requirements of our current constitution, and we hereby request that the Alliance registers this with the Charity Commission. We understand that this will not be effective until we receive confirmation from the Pre-school Learning Alliance. We do not believe that we have the ability to update our constitution and adopt the latest version (2011) provided by the Pre-school Learning Alliance, we believe therefore that we need the assistance of the Charity Commission.

 

Within your email or letter, you will need to include:

 

your charity name and number, Alliance membership number, your name, position and email or postal address

a copy of the new constitution – with page 1 and 8 completed

minutes from the General Meeting showing agreement of your members

To view the Alliance constitution, alongside further guidance on running your charity, please log in to our website using your membership details at www.pre-school.org.uk/members-area.

[Mouseketeer]

I kind of wish you hadn't found that zigzag and I could have stayed in ignorant bliss :-/

[zigzag]

I know, I am sorry, seems I may have opened a can of worms!! But looks like we are in the majority if that 15% figure is correct!

[Mouseketeer]

true zigzag, you'd have thought for what we pay them a year they could have sent a letter along the lines of "hey you 85% that probably think you are running to the 2011 constitution, we've got news for you" ....maybe if we have to go through all that it's seriously time to think about coming up with our own and forgetting PSLA altogether :-)

[Cait]

There was something in the Under 5 magazine in October or November that made me question ours, so I rang to find out .....

[C1403]

Would this process be the same if you're also a Company Limted by Guarantee?

 

We are both a Comoany and Charity.

 

Our Memorandum and a Articles appear to be an old version of the PSLA constitution, staff are not permitted to join.

[pooh]

Please could some kind person help me out! I am now the chair of our preschool committee. We have a signed 2011 constitution but I am unsure if it has to be re-signed each year at the AGM or just available to view and acknowledged in minutes!

 

Thanks

[Cait]

As suggested in the other thread. Make sure you're on the 2011, and then agree it at the AGM and minute it formally.