ORGANISATION NAME:

Policy Title: TRUSTEES

1.0 (Name of organisation) recognises that the Governing Body is responsible for its governance, activities, assets and working practices as laid down by the Constitution and governing documents.

2.0 All Trustees have legal duties and responsibilities which are summarised in the Charity Commission’s leaflet “Responsibilities of Charity Trustees (CC3).”

3.0 The Governing Body should ensure that the (name of organisation) is effective, open and accountable.

4.0 Trustees should act strategically, looking to the future needs of (name of organisation) whilst keeping within its governing documents.

5.0 Trustees have final responsibility for the management of (name of organisation).

6.0 All Trustees must act with probity, due prudence and seek professional advice on any matters outside their expertise.

7.0 Trustees should hold themselves accountable to members of (name of organisation) and/or stakeholders.

8.0 Trustees should conduct themselves in such a manner so as not to bring (name of organisation) into disrepute.

9.0 No Trustees should gain financially through their involvement with (name of organisation). All legitimate expenses will be paid in accordance with (name of organisation’s) Expenses policy.

10.0 Any actual or potential conflict of interest must be reported to the Chair.

1 11.0 Trustees should attend meetings on a regular basis and adhere to (name of organisation’s) policy on confidentiality regarding any matters discussed.

12.0 (Name of organisation) recognises that effective Trustee recruitment and training is one of the fundamental principles underpinning its governance.

13.0 (Name of organisation) also recognises that members of the Governing Body should have a diverse range of relevant skills, experience and knowledge. Furthermore they should represent stakeholders and service users and aim to reflect the local community.

14.0 All Trustees should ensure that they receive the induction training and support that they require to undertake their duties effectively.

15.0 The recruitment process should be undertaken openly with all prospective candidates being given a realistic understanding of the duties involved and the remit and structure of (name of organisation).

16.0 (Name of organisation) recognises that any failure to provide accurate information to Trustees will lead to problems in its governance.

17.0 Membership of the Governing Body will be kept under review by the Officers of (name of organisation).

18.0 The Governing Body will consist of a Chair, Vice Chair, Treasurer and other Trustee members.

19.0 All Trustees will be required to follow a Code of Conduct.

PROCEDURE

1.0 All Trustees will be recruited in accordance with (name of organisation’s) governing documents.

2.0 The maximum and minimum number of Trustees and how long they can serve will be outlined in (name of organisation’s) governing documents.

2 3.0 (Name of organisation) will identify a process for the recruitment and election of Trustees in an open and transparent manner, in line with its governing documents.

4.0 Interested candidates will be invited to meet with the Chair and Chief Executive to enable them to have the opportunity to find out more about (name of organisation).

5.0 All nominations must be proposed and seconded in the appropriate manner.

6.0 Elections will be held.

7.0 Any interim vacancies during the year will be filled in accordance with the governing documents.

8.0 The Governing Body will have the power to co-opt members in accordance with the governing documents.

9.0 The Officers of (name of organisation) together with the Chief Executive will ensure that role descriptions are prepared for the various Trustee roles.

10.0 (Name of organisation) will be responsible for checking that all prospective candidates are eligible to become and act as Trustees since it is a criminal offence to serve as a Trustee if disqualified from doing so.

11.0 All new Trustees will undertake an induction training programme detailing their role and responsibilities and the work of (name of organisation).

12.0 New Trustees will be given an information pack which will include copies of (name of organisation’s) governing documents and other relevant information.

13.0 Ongoing training will be identified through annual reviews and arrangements will be made for relevant training to be provided from either within (name of organisation) or through external sources.

3 14.0 Trustees will receive regular briefings on the work of (name of organisation) to help them to ensure that its stated aims and objectives are being carried out in a proper manner within the financial resources available for that purpose.

Date this policy came into effect Date approved by Governing Body

4 Next Review Date As agreed by Governing Body Name or position of person responsible for this policy Other related policies Conflict of Interest Confidentiality CRB Checks Employment Finance Reserves Sustainable Funding Training & Development Volunteering Relevant legislation Companies Act 2006 Charities Act 2006 Useful information Directory of Social Change www.dsc.org.uk Charity Commissioners www.charity-commission.gov.uk

5 PRACTICE NOTE

Issued to: SUBJECT: No:

Governing Body Trustees

Issued by: Date issued: Date amended: For Information to:

● Skills Audit- It is good practice to identify Trustee needs, with regard to the type and nature of work undertaken by the organisation. This will highlight gaps and ensure that Trustees are recruited to fill them and so ensure the efficiency of the organisation.

● It is also good practice for Trustees to undergo CRB checks, particularly if they have direct contact with service users or access to personal or confidential information. Further guidance on this may be found at www.charity-commission.gov.uk or www.crb.gov.uk

Appendix 1

6 TRUSTEE INDUCTION TRAINING

New Trustee Information pack may include:

Memorandum and Articles of Association or Constitution

Role descriptions for Chair, Vice Chair, Treasurer and Trustees

Information sheet about role of Trustees and work of organisation

Annual report and accounts

Minutes of previous 3 meetings

Equal Opportunity Monitoring Form

Publicity items

Copies of policies

Guidance notes for trustees

Job descriptions for Chief Executive and senior staff

Appendix 2

7 TRUSTEE ROLE DESCRIPTION

Purpose of Role: To further the aims of the organisation, in keeping within its charitable objectives.

Main Tasks

1. To take part in formulating and regularly reviewing the organisations strategic aims. 2. To ensure that the organisation pursues its objects as defined in its governing documents. 3. With other trustees help ensure that the organisation functions within the legal and financial requirements of a charitable organisation and strives to achieve best practice.

Main duties

Consider the organisation’s vision and principles, strategy and major policies at all times.

Contribute specific skills, interests and contacts and support the organisation in all of its activities.

Follow the Code of Conduct at all times, particularly when exercising the functions of the trustees, or any of its committees, sub-committees, groups.

Attend meetings of the Governing Body.

Reflect the trustees’ policies and concerns on all its committees, sub-committees, and groups.

Be an active member of the Governing Body in exercising its responsibilities and functions.

Maintain good relations with senior managerial staff.

Take part in training sessions provided for the benefit of the trustees.

Fulfil such other duties and assignments as may be required from time to time by the Governing Body.

8 Appendix 3

ROLE DESCRIPTION FOR CHAIR OF THE GOVERNING BODY

Main tasks:

1. To lead the Governing Body in ensuring that it fulfils its responsibilities for the governance of the organisation by ensuring that the charity acts in accordance with its constitution and by managing its activities. 2. To work in partnership with the chief executive helping them achieve the mission of the organisation. 3. To optimise the relationship between the Governing Body and its personnel.

Duties of the post:

In close consultation with the chief executive to make recommendations on the composition of the Governing Body, and future chairs of the Governing Body (with a view to succession).

To work in consultation with the chief executive to recruit trustees with specific and relevant expertise.

To ensure that the Governing Body annually reviews its structure, role, relationship to personnel and implements agreed changes as necessary.

To define and keep under review selection and performance criteria for trustees.

With the chief executive to ensure that all trustees receive appropriate advice, support, training and information relating to their role.

With the chief executive to develop appropriate and relevant agendas for meetings.

To chair meetings of the Governing Body; see that it functions effectively and carries out its duties.

To monitor those decisions taken at meetings are implemented.

To ensure that the trustees set strategy and policy objectives in the short, medium and long term in consultation with the chief executive and personnel.

To ensure that appropriate resources (personnel, financial, material) are secured in order to achieve agreed goals.

To monitor progress of the organisation in light of its objectives.

9 Appendix 4

ROLE DESCRIPTION FOR VICE CHAIR OF TRUSTEE BOARD

Main tasks:

1. Support the chair and deputise in their absence and leading trustees to ensure they fulfil responsibilities for the governance of the organisation. 2. Work in partnership with the chair and chief executive helping them achieve the mission of the organisation. 3. Optimise the relationship between trustees, staff and volunteers.

Duties of the Post

Chair meetings of the Governing Body in the absence of the chair, ensure that it functions effectively and carries out its duties.

Chair & lead on specific sub groups in conjunction with the chief executive.

Help ensure trustees set overall strategy and policy objectives.

With the chair & chief executive develop appropriate agendas for meetings.

In close consultation with the chair and chief executive make recommendations on the composition of the Governing Body, (with a view to succession).

Define and keep under review selection and performance criteria for trustees.

Together with the chair and chief executive to ensure that all trustees receive appropriate advice, training and information relating to their role.

Serve as an additional spokesperson for or promoter of the organisation.

10 Appendix 5

ROLE DESCRIPTION FOR TREASURER BOARD OF TRUSTEES

1. Maintain an overview of the organisations financial affairs, ensuring its financial viability and ensuring that proper financial records and procedures are maintained, as outlined by the Charity Commission’s Statement of recommended practice (SORP).

Duties of the Post

Guide and advise the Governing Body in the approval of budgets, accounts and financial statements within the relevant policy frameworks.

Work closely with the chief executive to ensure effective financial governance and management of the organisations financial affairs.

Be assured that financial resources meet the organisation's present and future needs.

Approve and present budgets, accounts and financial statements.

Advise on the financial implications of the organisation's plan.

Understand the accounting procedures and key internal controls to be able to assure the Governing Body that the charity’s financial integrity is sound.

Ensure that the accounts are prepared in the form required by charity law, included in the annual report and submitted to any relevant statutory bodies - e.g. Registrar of Companies.

Ensure that the accounts are audited in the manner required by charity law, and that any recommendations of the auditors are implemented.

Keep the Trustees informed about the Governing Body’s financial duties and responsibilities.

Make a formal presentation of the accounts at the Annual General Meeting and draw attention to important points in a coherent and easily understandable way.

Ensure that any financial investments are consistent with the aims and objectives of the organisation.

Monitor any investment activity and ensuring its consistency with the organisation's policies and legal responsibilities.

Produce a Reserves Policy in conjunction with the Chair and Chief Executive.

11 Appendix 6

CODE OF CONDUCT FOR TRUSTEES

All charity trustees have legal duties and responsibilities. The most important of these are summarised in the Charity Commission leaflet “Responsibilities of a Charity trustee (CC3).” This Code of Conduct is not a list of trustees’ legal duties, although many of the elements of the code are based on legal principles. The conduct and practices recommended in this Code go beyond what the law requires in some respects, but they are nevertheless fully consistent with the law.

Purpose of a code

To set out the relevant standards expected by trustees in order to maintain the highest standards of integrity and stewardship; to ensure that the organisation is effective, open and accountable; and to ensure a good working relationship with the chief executive and personnel.

Code of Conduct

1. Trustees must act with probity, due prudence and should take and consider professional advice on anything in which the trustees do not have expertise themselves. 2. Trustees must administer the organisation and all its assets in the interest of current, potential and future beneficiaries. 3. Trustees should hold themselves accountable for Governing Body decisions, the performance of the Governing Body and the organisation’s performance. 4. Except where legally authorised, trustees must not gain financial or other material benefit for themselves, their families or their friends from their trusteeship of the charity. The Governing Body should ensure that there are clear written policies on claiming of expenses by trustees. 5. Trustees must not place themselves under any financial or other obligation to outside individual organisations that might influence him/her in the performance of their official duties. 6. Trustees should conduct themselves in a manner which does not damage or undermine the organisation’s reputation or its personnel and should refrain from acting in ways that are in conflict with the organisations aims and objectives. 7. Trustees must make decisions together and take joint responsibility for them. The extent to which any one trustee or a small group of trustees is empowered to speak for or take action on behalf of the organisation or the Governing Body must (subject to any constitutional rules) be a matter for all trustees to decide together. Such decisions must be recorded. 8. Trustees, who sit on the Governing Body as the nominee or representative of a group or organisation, must accept that their sole responsibility is to the organisation of which they are trustees, not to their nominated group or body.

Responsibilities

12 9. Trustees must, with the help of the chief executive, formulate and review regularly the organisation’s vision, values and long term strategy as well as policies for its fulfilment. 10. With the assistance of the chief executive and appropriate professional advisers, trustees must ensure that the organisation complies with regulatory and statutory requirements and must exercise overall control over the organisation’s financial affairs. In addition to compliance with statutory requirements, trustees should have a commitment to the development and implementation of good practice. 11. Trustees must be familiar with and keep under regular review the rules and constitution of the organisation. Any changes must be made in accordance with constitutional and legal requirements. 12. In order to develop a working knowledge of the organisation and to give themselves credibility, trustees should endeavour to maintain links and keep in touch with the organisation by regular visits to offices. Unless there is a good reason to believe that the chief executive’s actions are threatening the probity of the organisation, all such visits should be made by arrangement with the chief executive.

Meetings of the Board of Trustees

13. Trustees must strive to attend all meetings regularly, ensuring they prepare for and contribute appropriately and effectively. 14. Trustees should bring a fair and open minded view to all discussions of the Governing Body and should ensure that all decisions are made in the organisation’s best interests. 15. Trustees must aim to foresee and avoid any conflict of interest. When one arises, a trustee must at once declare the interest and absent themselves from the discussion or vote taken on the matter by the other trustees. Any transaction under which the trustee will benefit either directly or indirectly must have proper legal authority. 16. Confidential information or material (relating to service users, beneficiaries, members, staff etc) provided to, or discussed at a Board meeting must remain confidential and within the confines of the Board and must not be discussed outside the trustee body. 17. Trustees have a responsibility to develop and ensure the maintenance of a properly constituted, balanced and competent Governing Body, including clear procedures for selection, training, retirement and if necessary, removal of trustees and to ensure arrangements are followed for recruiting the chair, vice chair and other honorary officers.

Personnel

18. Trustees must ensure that there is a clear understanding of the scope of authority delegated to the chief executive. 19. Policies and strategies agreed by trustees should be expressed in unambiguous and practical terms, so that the chief executive and personnel responsible for implementing those policies are clear what they need to do. Directions given to the chief executive and personnel should come from the Governing Body as a whole.

13 20. Trustees should act fairly and in accordance with good employment and equalities principles and best practice in making decisions affecting the appointment, recruitment, professional development, appraisal, remuneration and discipline of the chief executive and other personnel. 21. Trustees must understand, accept and respect the difference in roles between the Governing Body, the chief executive and personnel, ensuring that the honorary officers, the Governing Body, the chief executive and personnel work effectively and cohesively for the benefit of the organisation, and develop a mutually supportive and loyal relationship. 22. Having given the chief executive delegated authority, trustees should be careful – individually and collectively – not to undermine it by word or action.

14