Cabinet Member Report

Decision Maker: Cabinet Member for Sport, Leisure and Open Spaces

Date: 1 May 2015

Classification: For General Release

Title: Edward Harvist Trust: Review of Allocations Policy

Wards Affected: None

Financial Summary: There are no financial implications arising from this report as the proposals can utilise current resources

Report of: Mick Steward, Head of Committee and Governance Services; Tel: 7641 3134 Email: [email protected]

1. Executive Summary

1.1 The last time the distribution policies for the Edward Harvist Trust (EHT) were reviewed was in February 2004. A review is therefore timely particularly following the decision to wind up the activities of the Charitable Trust and transfer its activities to either the Sir Simon Milton Foundation or the Edward Harvist Trust. The only changes proposed to the distribution policies is the removal of the current limitation (imposed by Westminster on grants made by it) that grants should only be in support of capital projects.

1.2 Some criticism has been levied at EHT boroughs, by the auditors of the charity, for not fully using their allocated fund. The move to using funds for both revenue and capital projects and also for groups previously funded by the City of Westminster Charitable Trust Officers are confident this will solve the problem as will the change from maximum grant awards from £3,000 to £10,000.

2. Recommendations

2.1 That the revised allocations policy for the Edward Harvist Trust set out in paragraph 4.9 and Appendix 1 of the report be approved and the Head of Legal and Democratic Services be given delegated authority to make grant

awards in accordance with the revised policy in consultation with the Council’s nominated Trustee for the purposes of the Edward Harvist Trust.

3. Reason for Decision

3.1 It is considered appropriate and timely to update the policy for the allocation of grants from the Edward Harvist Trust by removing the current limitation that EHT funds only support charitable projects.

4. Background Information

4.1 The Edward Harvist Trust dates back to 1610 having originally been established by Edward Harvist, a prominent landowner of the time, for the purposes of maintenance, repair, lighting and watering of the Road.

4.2 As the original purposes were adequately provided for moves were made to reconstitute the Trust as a charity in the 1960s and these eventually reached fruition in August 1975 when the Edward Harvist Trust was formally established. Under the Trust, five boroughs – Barnet, Brent, Camden, and the City of Westminster – receive income from the Trust proportionate to the length of the passing through their respective areas. It is then up to each borough to decide, within the objects of the Trust, how to allocate the income received by it.

4.3 The proportions are as follows:

Barnet 31% Brent 28% Camden 11% Harrow 5% Westminster 25%

4.4 The charity has five Trustees, one from each borough and for the City of Westminster it currently is Councillor Angela Harvey. It is, however, the responsibility of each authority how it allocates the funds within the Trusts objects.

4.5 The acts as Administrator of the Trust and distributes the income to the other participating boroughs.

Current Distribution Policy

4.6 The current policy for the distribution of EHT funds is set out in Appendix 1.

Proposed Revised Policy

4.7 The current policy is largely restricted to small capital schemes. As the Council no longer has a Small Grants team the small grants previously funded have, to some extent, been funded by the City of Westminster Charitable Trust (COWCT). Generally, £14,000 to £15,000 has been allocated per annum by the COWCT in this way for both capital and revenue projects but the

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applications received significantly exceeded this sum. The COWCT has recently decided to close with most of its activities being taken over by the Sir Simon Milton Foundation.

4.8 The objects of the COWCT and the Edward Harvist Trust are broadly similar and grant funding previously conducted by the COWCT is now being proposed to be carried out by the Edward Harvist Trust. This would ensure that the funds allocated to WCC are adequately allocated without the need for significant changes in administration. The proposal removes the current limitation that EHT funds only support capital projects.

4.9 The proposed revised policy for the distribution of funds from the Edward Harvist Trust is:

(i) Grants up to a maximum of £10,000 per charitable organisation or charitable purpose, per annum, be made upon application for charitable purposes for the benefit of the residents of the City of Westminster within the objects of the Trust.

(ii) Funds shall be allocated and/or refused in accordance with (i) above at the discretion of and in accordance with arrangements administered by the Head of Legal and Democratic Services following consultation with the City Council’s nominated EHT Trustee.

4.10 The total allocation of EHT funds to Westminster in each of the last 3 years has been as follows:

Income Allocations

2011/2012: £76,943 £41,109 2012/2013: £62,851 £64,951 2013/2014: £65,473 £61,731

4.11 This shows that increased funding by the EHT of grants previously made by the COWCT is perfectly possible within the current levels of income. This will also achieve the aim of increasing the amount of EHT income dispersed which has been a concern noted by the Trustees recently. In order to achieve allocation targets officers will carefully monitor expenditure levels and if necessary seek to promote awareness of the EHT amongst the voluntary sector within Westminster.

4.12 The Head of Legal and Democratic Services has delegated authority to allocate the EHT funds in accordance with the previous allocations policy. A similar delegation is proposed for the revised policy. The Council’s nominated EHT Trustee will be consulted on grant applications.

4.13 Details of the Edward Harvist Trust (EHT), the funding criteria and the deadlines for the four grant making rounds are on the City Council’s website. The EHT is also well known to the voluntary sector in Westminster. The EHT gave 36 grants in 2013 and 32 grants in 2014 which ranged from £250 to

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£3,000 all of which benefited Westminster residents. With the closure of the City of Westminster Charitable Trust (COWCT) for grant making, the organisations that previously applied for funding from the COWCT will be advised to apply to the Edward Harvist Trust. Thus the EHT will have ample applications to consider for funding in the near to medium future.

4.4 Currently there is £110,872 available for distribution. Based on the allocations previously made by the COWCT and increasing allocations to EHT applicants this sum is expected to be allocated in 2015/16.

5. Financial Implications

5.1 There are no financial implications for the City Council. The funds are held within a ring-fenced balance sheet account.

6. Staffing Implications

6.1 There are no staffing implications. The increased activity can be administered by existing staff in the Legal and Democratic Services department in place of the work previously carried out on behalf of the City of Westminster Charitable Trust.

7. Legal Implications

7.1 The Edward Harvist Trust (also known as the Harvist Estate) is a registered charity, No 211970. Its objectives are set out in Appendix 1. Unless an application is made to the Charity Commission to change those objects, any grants made by the Trust must come within the parameters of the objects.

7.2 The distribution of the EHT funds is a matter for the discretion of each authority. However, any distribution policy must accord with the objects of the Trust. The recommended proposal would appear to further those objects and give the Council greater flexibility to distribute the Trust income and reduce the outstanding balances.

If you have any queries about this Report or wish to inspect any of the Background Papers please contact: Mick Steward: 020 7641 3134: Email: [email protected]

BACKGROUND PAPERS: None.

Committees\Cabinet Member Decisions\Sports Leisure and Open Spaces\Draft Review of Allocations Policy Edward Harvist Trust\Cabinet Member Rpt

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APPENDIX 1

INFORMATION SHEET “APPLYING TO THE EDWARD HARVIST TRUST” OUTLINING OBJECTS OF THE TRUST AND WESTMINSTER DISTRIBUTION POLICIES

The income from the Edward Harvist Trust is divided in fixed proportions between the of Barnet, Brent, Camden, Harrow and the City of Westminster. Westminster City Council administers trust funds on behalf of the Edward Harvist Trust for the City of Westminster area.

The object of the Trust is to further all or any of the following purposes:

1. The relief of elderly and disadvantaged residents;

2. The relief of distress and sickness;

3. The provision and support of facilities for recreation and leisure with the aim of improving the quality of life;

4. The provision and support of educational facilities;

5. Any other charitable purposes.

The general distribution policy states that:

(i) Grants are made to organisations rather than individuals.

(ii) Grants are not offered to cover the costs of any provision that is deemed to be a statutory responsibility. Grants can be made to statutory organisations provided that they are for provision over and above the statutory responsibility.

(iii) The funds are used for one-off grants or towards running costs.

(iv) Applications are accepted from organisations by letter and must, if requested by the Head of Legal and Democratic Services, be supported by written quotations for equipment.

(v) The money is distributed in relatively small amounts, with a maximum grant of £10,000.

(vi) The Head of Legal and Democratic Services is authorised to seek additional clarification and documents as he/she considers necessary in order to protect the integrity of the Trust.

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For completion by the Cabinet Member for Sport, Leisure and Open Spaces

Declaration of Interest

I have in respect of this report

Signed: Date:

NAME: Councillor Steve Summers

State nature of interest if any …………………………………………………………..……

………………………………………………………………………………………………….. (N.B: If you have an interest you should seek advice as to whether it is appropriate to make a decision in relation to this matter)

For the reasons set out above, I agree the recommendation(s) in the report entitled Edward Harvist Trust: Review of Allocations Policy and reject any alternative options which are referred to but not recommended.

Signed ………………………………………………

Cabinet Member for Sports, Leisure and Open Spaces

Date …………………………………………………

If you have any additional comment which you would want actioned in connection with your decision you should discuss this with the report author and then set out your comment below before the report and this pro-forma is returned to the Secretariat for processing.

Additional comment: …………………………………….…………………………………… ……………………………………………………………………..…………………………… …………………………………………………………………….…………………………….

If you do not wish to approve the recommendations, or wish to make an alternative decision, it is important that you consult the report author, the Head of Legal & Democratic Services, City Treasurer and, if there are resources implications, the Director of Human Resources (or their representatives) so that (1) you can be made aware of any further relevant considerations that you should take into account before making the decision and (2) your reasons for the decision can be properly identified and recorded, as required by law.

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Note to Cabinet Member: Your decision will now be published and copied to the Members of the relevant Policy & Scrutiny Committee. If the decision falls within the criteria for call-in, it will not be implemented until five working days have elapsed from publication to allow the Policy and Scrutiny Committee to decide whether it wishes to call the matter in.

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