clerk.stjohnswilton

Forum Replies Created

Viewing 15 posts - 1 through 15 (of 41 total)
  • Author
    Posts
  • in reply to: PAT Testing #168354
    clerk.stjohnswilton
    Participant
    ()

    Dear All

    Everything you need to know on this subject is all set out in the excellent Standards of Almshouse Management (Section 7.9.3) … .

    The link you want is at https://www.almshouses.org/wp-content/uploads/2025/03/SAM-Consolidated-2025-edition-26-2-25-v8-FINAL.pdf

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Council During a Vacancy #167648
    clerk.stjohnswilton
    Participant
    ()

    This question of Council Tax Exemptions on the death of an almshouse resident has been bugging me, since my original response to Euan Kennedy’s question, so I have been busy researching it further.

    I have looked, specifically, at my local council’s website (Wiltshire) and with its help have now concluded that after an almshouse resident dies, the empty almshouse unit would typically be eligible for a Class B council tax exemption, not a Class F.

    While Class F is used for properties left empty after a death, the specific rules for almshouses as charity-owned properties make Class B the relevant exemption.

    Here is a breakdown of why this is the case:

    Class F exemption (applies to properties where the owner has died). The exemption lasts until 6 months after probate is granted.

    A Class F exemption applies when a property is empty after the death of the person who lived there, provided the property was owned by the deceased.

    Almshouse residents are not typically owners; they are granted a license to occupy the property, which ends upon their death.

    As the almshouse charity retains ownership, a Class F exemption for the resident’s death does not apply.

    Class B exemption (applies to properties owned by a charity)

    A Class B exemption is for properties that are owned by a charity and were last used for the purposes of that charity.

    Since almshouses are owned by a charity and used to house beneficiaries, an empty unit can qualify for this exemption.

    The exemption is valid for up to six months from the date the unit becomes empty. After six months, the local authority is entitled to charge full council tax on the property.

    Important considerations

    It is the almshouse charity’s responsibility to notify the local council of the vacancy and apply for the Class B exemption.

    If the almshouse unit is reoccupied before the six-month period expires, the exemption will end.

    Regards

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Warden occupancy #167363
    clerk.stjohnswilton
    Participant
    ()

    Nicola

    ‘How long is a piece of string?’ came to mind when I saw your (very valid) questions.

    In summary, what you do depends, mainly, I think, on what you can afford. Then on the health and capabilities of your residents.

    I suggest you Google ‘does an almshouse charity need to have a full-time live-in warden’ and ask for an AI Mode answer. This will give you some helpful pointers on what you might do, what others do and what the drivers are in determining the best course of action.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Trustee Reference Templates #167027
    clerk.stjohnswilton
    Participant
    ()

    Jo

    Try asking Google for a ‘specimen letter to referee of potential almshouse trustee’ and opt for an AI Mode response.

    I think you’ll get what you want. If you are looking for particular skills/knowledge/experience from your potential trustee, then you simply adjust the letter accordingly.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Council During a Vacancy #166906
    clerk.stjohnswilton
    Participant
    ()

    Euan

    No – never heard of such a rule.

    Capita are not applying the national rule that is actually to be found on Lambeth’s own web site. Search for ‘Lambeth council tax what to do when someone dies.’

    The property is exempt from CT until probate is granted and then for another 6 months after that. If someone else occupies the property in their own right meanwhile, then they pay CT until they, in turn, leave or die. Simples..

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Power of Attorney – Trustee Conflict of Interest? #166859
    clerk.stjohnswilton
    Participant
    ()

    Michelle

    In short, ‘Yes – but, with care, it can be managed’.

    Google ‘is there a conflict of interest if an almshouse trustee has LPA for a beneficiary of the same almshouse’ and, as ever, ask for an AI Mode answer to get all the details.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Surveyor to the Fabric #166648
    clerk.stjohnswilton
    Participant
    ()

    Debbie

    Well, you could do worse than Google ‘what are the roles and responsibilities of a surveyor to the fabric’ and, as I am increasingly finding, you should get a useful answer by asking for an AI Mode response. This will give you a pretty comprehensive idea of what such a person does.

    Then follow that search with another Google search for ‘job specification for a surveyor to the fabric for an almshouse’ and, again, go for an AI Mode response. You should be able to ‘top and tail’ the answer into a passable version of the formal brief you’re looking for.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Deposit for new residents #166303
    clerk.stjohnswilton
    Participant
    ()

    Hello Lana

    I know just how you feel, having had a ‘grot’ who left a mess which we had to clear up. Unfortunately, I think you should follow the advice in SAM and you should not charge a deposit in an almshouse context.

    There are a number of very good reasons and if you Google “should you charge a damages deposit for sheltered housing?” and ask for an AI Mode answer, you will see why.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Annual Resident Review #166289
    clerk.stjohnswilton
    Participant
    ()

    Anne

    I maintain a MS Acess resident/trustee/staff/property database. Every April I print off a built-in Resident Report for each resident and ask them to add to it or correct any errors. Any significant information (unlikely, but perhaps the recent lack of a NOK or similar) is passed to our 3-trustee strong Well-Being Committee (WBC).

    In May, the WBC members carry out informal visits to the resident’s flat or cottage, when residents can, if they want, raise issues. Or the WBC Trustees could raise something they had noticed. The WBC then discuss these visits at their June meeting.

    Every September our Warden completes a Care Risk Assessment on each resident, which is shown to our WBC at their September meeting.

    Our (excellent) Warden is, however, the linchpin.of our resident welfare monitoring system. She touches base with each resident every weekday (she’s required to take weekends off), and keeps a daily log of all her contacts with residents (which I see at least twice a week, so I also keep up to speed).

    The Warden writes a oen-picture report on each resident before each of our 3 WBC meetings (February, June and September) and the 3 Full Biard meetings that follow them in March, July and November).

    The only thing we don’t do is a formal financial review. However, we (the trustees and staff) make it clear that we are available at any time to give basic financial advice to any worried residents – on the understanding that if a resident had a complicated problem, they would be referred to a local specialist.

    We have never come across a fraudulent beneficiary so far (touch wood), which we put down to rigorous pre-selection screening by the Clerk and Warden. As the Clerk, I look closely at documentary and any social media evidence and our Warden uses her well-honed instinct to assess the applicant’s character.

    Yes, it’s all heavily based on ‘analogue’ assessments – gut feelings and hand-written pen pictures, rather than any ‘digital’ algorithms. But we’re talking about individuals – who, like it or not, are definitely ‘analogue’!

    All I can say is. It seems to work!

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Fire Blankets & Fire Extinguishers in Almshouses #166058
    clerk.stjohnswilton
    Participant
    ()

    Sam

    I know that I’m not directly answering your question, but can I recommend you Google the following question?

    “is it legally required to have fire extinguishers or fire blankets in sheltered accommodation?”

    When you get your answer, click on ‘AI Mode’. You will get a very useful and informative summary of the regs.

    BTW, none of the previous posters are wrong in what they are doing, even though there are some difference between them.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: PAT testing #165962
    clerk.stjohnswilton
    Participant
    ()

    Gill

    The answers are

    No (ie only with permission, which is unlikely to be refused),

    No (ie only morally, perhaps. SAM says it is best practice),

    No (unless you have been utterly reckless in using a clearly useless PAT tester – and even then, most PAT tests are visual as, these days, most electrical items are double insulated and have no exposed earth wires),

    Yes (you can’t knowingly allow an unsafe appliance to remain in one of your properties. And your resident will, most likely, gratefully agree),

    No (it’s up to the resident to dispose of or repair/service any dangerous items. Whether they replace them is up to them.)

    BTW all you need to know is in SAM Section 7.9.3.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Benefit in kind? #165935
    clerk.stjohnswilton
    Participant
    ()

    Neville

    The simple answer to your first question is ‘Yes’, and the benefit continues with the installation of the dedicated boiler.

    If you contact me I can go into more detail, especially on how much you should declare as to the monetary value of the benefit.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Free Banking #165870
    clerk.stjohnswilton
    Participant
    ()

    Hah – I THOUGHT it was too good to be true!

    Lloyds, it seems, won’t give a Business or a Charity Account to an unincorporated charity such as ours,.although we constitute roughly 50% of the approximately 170,000 registered charities in England and Wales.

    Very annoying, also, that I had to resort to e-mailing the CEO of Lloyds personally to get the answer, and misleading, that Lloyds don’t make all this clear at the outset.

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Data Protection #165313
    clerk.stjohnswilton
    Participant
    ()

    Julie

    Generally, when discussing a resident’s personal circumstances in the presence of a relative, you should seek the resident’s explicit consent, preferably in writing.

    Here’s why and some important considerations:

    1. Confidentiality: Residents’ information, including personal circumstances and medical details, is considered confidential and protected by laws like the UK GDPR and Data Protection Act 2018.

    2. Residents’ Rights: Individuals have the right to control how their personal information is shared.

    3. Trust: Obtaining consent helps build and maintain a relationship of trust with the resident, ensuring they feel secure and respected.

    Key Considerations

    1. Resident’s Capacity:

    a. If the resident has capacity to consent: You must respect their wishes. Ideally, obtain their explicit and informed consent, which can be given verbally or in writing. Make sure they understand what information will be shared and with whom.

    b. If the resident lacks capacity to consent: You need to act in their best interests. This might involve consulting with those close to the resident and considering their previously expressed wishes, beliefs, and values when deciding what information to share with relatives.

    2. Scope of Discussion:

    a. Clearly establish with the resident (if they have capacity) what information they want shared, with whom, and in what circumstances.

    b. Avoid disclosing information beyond what is necessary and agreed upon.

    3. Relative’s Role:

    a. Clarify the relative’s role and their relationship to the resident.

    b. Respect their concerns and wishes, but always prioritize the resident’s rights and preferences.

    4. Documentation:

    Always document the resident’s consent or reasons for disclosing information without consent, including any discussions held and the basis for your decision.

    5. Transparency:

    Be transparent with both the resident and the relative about your confidentiality policies and procedures.

    In summary, while there may be situations where sharing some information with a relative without explicit written consent might be deemed appropriate in the resident’s best interest (e.g., in an emergency and when the resident lacks capacity), seeking the resident’s explicit, informed, and ideally written consent should be the standard practice to uphold their rights and maintain trust.

    Sources:

    NHS England Digital
    GMC website

    via Google AI

    Nick Stiven
    clerk@stjohnswilton.org.uk

    in reply to: Fire Alarm Systems #165026
    clerk.stjohnswilton
    Participant
    ()

    Andrew

    Have you looked at:

    https://fireproof.co.uk/wireless-vs-hardwired-fire-alarms-pros-and-cons/ ?

    I think our beneficiaries are, on the whole, too vulnerable (given their high average age) for us not to go for the certainties of a professionally monitored, hardwired, system.

    Nick Stiven
    clerk@stjohnswilton.org.uk

Viewing 15 posts - 1 through 15 (of 41 total)