Charities Bill update

The Government has published a factsheet for the Charities Bill. The Bill implements the majority of recommendations made by the Law Commission in its report Technical Issues in Charity Law.

It addresses a variety of technical issues in the law governing charities. The provisions extend and apply to England and Wales only, subject to a couple of minor provisions.The following is reproduced from the factsheet.

OVERVIEW OF THE BILL

The Charities Bill will:

give charities wider or additional powers and flexibility to amend their governing documents, to decide on how they procure goods and services, and to make “ex gratia” payments (which charities have a moral obligation, but no legal power, to make)
clarify when property can be applied cy-près (Cy-près means “as near as possible”. When a charitable purpose cannot be carried out, the Charity Commission can direct under a scheme that the funds should be used for other similar charitable purposes), including the proceeds of failed fundraising appeals
produce a clearer and less administratively burdensome legal framework for buying, selling, leasing and mortgaging charity land
clarify and expand the statutory regime that applies to permanent endowment
introduce a power – with appropriate safeguards – for charities to borrow from their permanent endowment and to make certain social investments using permanent endowment
facilitate, where appropriate, charity mergers and incorporations
confer additional powers on the Charity Commission to authorise charities to pay an equitable allowance, to require charities to change or stop using inappropriate names, and to ratify the appointment or election of charity trustees where there is uncertainty concerning the validity of their appointment or election
improve and clarify certain powers of the Charity Tribunal.

MAIN MEASURES IN THE BILL

Amending governing documents: reduce inconsistency by more closely aligning the amendment mechanisms for incorporated and unincorporated charities a new, clearer statutory power for all unincorporated charities to amend their governing documents by resolution consistent criteria for the Charity Commission to consider before consenting to a change of purpose, regardless of whether the charity is a company, CIO, or unincorporated charity.
Improving land transactions: greater flexibility to obtain advice on disposals of land from a greater range of professional advisers removing certain overly prescriptive and burdensome statutory requirements creating certainty for purchasers when they buy land from charities, with a reliable, straightforward and practically workable process for certifying compliance with the Charities Act requirements.
Making use of permanent endowment: a new definition of permanent endowment which is clear, consistent and aligns with the sector’s understanding of the term a new power to borrow from permanent endowment as a useful alternative to the existing rules for trustees who have opted in to total return investment, the ability to use permanent endowments for loss-making social investments when they expect those losses to be offset elsewhere, which will promote long-term investments for social good.
Helping incorporations and mergers: allowing legacies in wills to be transferred to a merged charity, which will remove a need for “shell charities” to be maintained, which results in wasted money through admin costs giving corporate charities “trust corporation status” automatically if they administer charitable trusts providing trustees with certainty about costs before the Charity Tribunal new “authorised costs orders” which would provide advanced assurance that the costs incurred by trustees can properly be paid from the charity’s funds.
Other measures in the Bill: fundraising appeals: expanding and rationalising the circumstances in which funds from a failed fundraising appeal can be applied to other purposes of the charity, with appropriate oversight by the Charity Commission remuneration for supply of goods from trustees: enabling trustees to be paid for goods provided to a charity, subject to appropriate safeguards – this aligns with the current law which allows trustees to be paid for services, creating consistency and enabling charities to access goods which may be offered at more favourable terms by a trustee than elsewhere.
Equitable allowances: enable the Charity Commission to authorise trustees to be paid for exceptional skill and effort with which they have carried out work for their charity in circumstances where it would be unjust not to do so ex gratia payments: enabling charities to make relatively small ex gratia payments without seeking Charity Commission permission, and to delegate the power to make those payments to an appropriate person within the charity names: expansion of the Charity Commission’s powers in respect of misleading, offensive or duplicative charity names to remove anomalies and to prevent the registration of a charity with an inappropriate name (or prevent the registration of a change of name) identifying charity trustees: creation of a new power for the Charity Commission to ratify a trustee’s appointment or election which is, or is potentially, invalid.

The Almshouse Association will continue to monitor the Bill’s progress and welcomes the input of our members if they are concerned about any parts of the new legislation.

Posted 7 July 2021

Inquiry on housing demand

House of Lords Committee Launches Inquiry on Housing Demand

The House of Lords Built Environment Committee has launched an inquiry looking into the UK’s housing demand.

The Almshouse Association intends to submit responses to relevant questions as part of the inquiry and would welcome our members input in this process. You can find full details on the inquiry here: Meeting the UK’s housing demand – Committees – UK Parliament.

If you would like to take part then please send your response to Jack Baldan via jackbaldan@almshouses.org. In your response please make sure you identify which question you are responding to. You are not required to answer all questions, only those which are relevant.

Please submit answers by July 23rd 2021.

Posted 6 July 2021

Policy & Governance update: July 21

Each month, the Association posts a news summary of the latest Policy and Governance legislation that could impact / requires action from our member charities, with links to further information where applicable. Please find below our July 21 Summary:

Affordable Homes Update

The Government continues its drive for home ownership under new “affordable” homes scheme as First Homes. Purchasers of the new scheme must prove to have less than £80,000 pa income or in London £90,000 to qualify. This is relevant as the reality is it reduced the affordable housing aspect of section 106 to a maximum of 75% available for affordable for social rented.

Minister of State for Housing, Christopher Pincher, submitted a Written Statement on affordable homes. The statement issues changes to planning policy, which will come into effect on 28 June 2021. The issues covered in the statement include:

The definition of a First Home
- Eligibility criteria for First Homes
- Setting developer contributions for First Homes
- The remaining 75% of affordable housing secured through developer contributions
- Plans, development management and transitional arrangements
- Level of discount
- Exception sites
- Delivering Shared Ownership homes

Ministry of Housing Communities and Local Government

Meeting the UK’s housing demand – The Built Environment Committee has launched a call for evidence – closing 10 September – on the demand for new housing in the UK and how barriers to meeting this demand can be overcome. It will consider the key factors shaping the type, tenure and quality of housing needed in the UK. The inquiry will also examine a range of challenges to meeting that demand including skills shortages in the construction industry and some specific aspects of the planning system. The Committee will report by the end of the year and make recommendations to the Government.
Regulator of Social Housing Corporate Plan 2021-2024 – Members who are RPs may be interested in the Regulator of Social Housing’s Corporate Plan 2021-2024, which outlines how the regulator plans to deliver its purpose over the next three years.
Housing Ombudsman’s Insight report shows significant increase in complaints – The Housing Ombudsman has published its latest insight report covering January to March 2021. It shows a significant increase in the number of enquiries and complaints received compared to the same quarter in 2020, going up by 73%.

“The learning highlights an important lesson that communication is key. Our Complaint Handling Code states that landlords should keep residents regularly updated and informed even where there is no new information to provide. In one case featured about a repairs issue relating to damp and mould, the landlord failed to keep the resident informed so he contacted other agencies including the Ombudsman service and then also failed to keep those agencies informed. We made a finding of service failure.”

The top three areas of complaint over the three-month period were:
– Repairs 45%
– Tenant behaviour 13%
– Complaint handling 11%

Planning

Historic England – Listed Building Consent – Historic England has published guidance on listed building consent. The note gives both general advice for owners of listed buildings about listed building consent as an application process and on how to judge whether proposals need consent, how to achieve certainty on the need for consent and how to make informed applications. It also gives advice on works which may or may not need listed building consent, depending on how the works are proposed to be carried out.
The Association is still seeking to work with Historic England on producing a specific guide focused on almshouses.
London Mayor declares a “retrofit revolution” to tackle the climate emergency – The Mayor of London has declared a “retrofit revolution” in London, announcing a new package of measures to make buildings more energy efficient. A new £3.5m “centre of excellence” will help social housing providers access funding to make their homes fit for the future and protect the most vulnerable from cold, damp homes.

The Almshouse Association is in discussions with the Mayor’s Office to ensure that London almshouse charities can access this fund if needed.

Coronavirus

Everyone working in care homes to be fully vaccinated under new law to protect residents – The Department of Health and Social Care has announced that people working in CQC-registered care homes will need to be fully COVID-19 vaccinated with both doses. The new legislation means from October – subject to Parliamentary approval and a subsequent 16-week grace period – anyone working in a CQC-registered care home in England for residents requiring nursing or personal care must have two doses of a COVID-19 vaccine unless they have a medical exemption. It will apply to all workers employed directly by the care home or care home provider (on a full-time or part-time basis), those employed by an agency and deployed by the care home, and volunteers deployed in the care home. Those coming into care homes to do other work, for example healthcare workers, tradespeople, hairdressers and beauticians, and CQC inspectors will also have to follow the new regulations, unless they have a medical exemption.

Each almshouse charity will need to assess the risk and vulnerability of their residents and may make its own policy with this regard. The Almshouse Association team will be happy to discuss if you have any queries.

Wales

Heritage partnership agreements – The Welsh Government has published a summary of responses to its consultation on agreements for the management of the historic environment. A heritage partnership agreement (HPA) is a voluntary arrangement for the long-term management of one or more designated historic assets.
Social Housing in Wales – Julie James MS, Minister for Climate Change, announced a commitment to deliver 20,000 new low carbon homes for rent within the social sector during this term. Social housing will be defined as within the recognised TAN2 affordable housing definition. It will only include social homes for rent, intermediate homes for rent and shared ownership schemes. The Almshouse Association is seeking to work with the Welsh government to make them more aware of almshouses and their position in the affordable housing sector.
Welsh Government extends measures to protect businesses from eviction until end of September 2021 – The Welsh Government has announced that the moratorium against forfeiture for the non-payment of rent will now be extended until September 30, 2021. It was originally due to end on June 30, 2021.

Posted 5 July 21

APPG: How did almshouses perform during the pandemic?

APPG on Almshouses holds session on almshouse response to coronavirus

On July 1^st, the All-Party Parliamentary Group on Almshouses, of which The Almshouse Association is Secretariat for, held a session to discuss how almshouse charities operated during the coronavirus pandemic.

As part of the discussion we heard from three almshouse charities:

Paul Mullis – Durham Aged Mineworkers Homes Association, North East
Juliet Ames-Lewis – Richmond Charities, London
Andrew Barnes – Great Hospital, Norwich

All three discussed how the pandemic had forced them to quickly act to ensure that residents were kept safe and comfortable as lockdown was introduced. They agreed that the small scale, community focused almshouse model provided them with the flexibility to quickly make the necessary decisions, based upon the strong personal knowledge they have of each individual resident.

It was clear from the testimony that the strength of the almshouse community in each charity was vital to fostering resilience in the residents.

Similarly, the speakers noted that all of them would have benefited from almshouses having greater recognition, particularly from their local councils. It was felt that the lack of appreciation for the model meant there had been unnecessary delays at the start of the pandemic.

“The Almshouse Association was created 75 years ago this year on the back of a world war. The founders of the Association saw the strength and resilience of the almshouse model and had faith that it should continue. What it was they saw in the model is recorded as the strength of charitable purpose going beyond just housing, local trustees knowing their local residents and the strength of the community bonds. When we hear about how the Great Hospital, Durham Aged Mineworkers and The Richmond Charities responded to the pandemic it is clear that structure, model and spirit carried them through. The challenges today seems to resonate …. That is about awareness of the almshouse model and how they operate. There is work for us to do!”
Chief Executive Nick Phillips | The Almshouse Association

The Almshouse Association would like to thank everyone who participated in the session, especially our speakers; Paul, Juliet and Andrew.

We would also like to thank APPG co-chairs Siobhain McDonagh MP and Sally-Ann Hart MP for their continued support.

To find out more about the APPG on Almshouses, please click here.

Posted 5 July 2021

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Charity Commission: annual returns guidance update

The Charity Commission has updated its guidance for charities due to submit their annual returns in the coming months, as well as those that are subject to a filing extension as a result of the Covid-19 pandemic.

The Commission is still requesting that charities submit their annual returns on time wherever possible. For those charities that are due to submit their annual return between 1 July 2021 and 30 September 2021 and are unable to meet their filing obligations for a Covid-19 related reason, an application can be made for a filing extensions. A fixed three month extension from the date of application will be granted.

For those charities that already have an extension in place, the Charity Commission will contact you shortly. These charities will need to submit their annual returns by 30 September 2021.

To view the Charity Commission’s updated guidance, please visit: https://www.gov.uk/guidance/coronavirus-covid-19-guidance-for-the-charity-sector. This guidance also contains information on holding trustee meetings and AGMs over the coming months.

Posted 5 July 2021

Celebrations Networking Event

We had another amazing member networking event on Tuesday 29^th June with members talking about their very special plans to have a garden party to help us celebrate our 75^th anniversary year!

Thank you to everyone who took part and shared their plans – as well as their challenges.

A special thank you to Bob Needham of Wivenhoe Almshouses, who started the meeting by talking about his proposed 1940s style party and all the ins and outs of planning a garden party. This really helped the other members with ideas and what they needed to think about when organising an event.

We had some really interesting feedback and comments during the session and have highlighted these below for reference:

What it takes to organise a party – Bob highlighted the many aspects of organising a party, large or small including everything from gazebo’s to toilet facilities and Covid-19 requirements. Whether organising a large or small event, certain criteria needs to be met and to help you with these, we have a great Hints & Tips Flyer in our Celebration Pack, that can assist you to identify the main points to consider and create a workable check list.

Smaller more intimate events – Some members had concerns about their parties being too small or insignificant during our 75^th anniversary year and we assured them that any gathering that induces happiness and camaraderie is special and signifies the essence of almshouses, which is a community spirit and neighbourliness. That is what the 75^th anniversary year is all about. We would be delighted to hear about any small, intimate parties taking place, whether this is simply the residents sharing a cup of tea and a piece of cake to larger events. Every event is special, regardless of the size and every photo or story we receive of an event will be welcomed with delight.

PR doesn’t have to be intrusive – Some members were discussing the concerns about PR in their local communities as they wanted to respect their residents and also keep the media from inadvertently visiting without prior warning. They were reassured that PR inclusion can be kept to a minimum and managed in a way that isn’t intrusive and can be directed or focused on one major project or area.

We will share details for our next networking event as soon as they are finalised. In the meantime, if you have any questions or ideas you would like to discuss, please do email gerryharmon@almshouses.org

Social Housing Decarbonisation Fund

The Almshouse Association would like to make members aware that from autumn 2021, members who are Registered Providers of Social Housing will be able to submit bids for the Social Housing Decarbonisation Fund.

The fund seeks to help raise the energy standards of social housing as part of the government’s plans to reach Net Zero. The fund provides a good opportunity for members who are considering improving the energy standards of their current dwellings.

Further information on the bidding window will be published later this summer, but it is worth members starting to consider whether they would like to make a bid now so that you are ready when the window opens.

As part of this bid it will not be possible to make a direct bid through your charity as you are required to apply as part of a local authority bid. Consequently, it might be good practice to contact your local authority and see what scope there is to collaborate.

The Almshouse Association will share further guidance once it becomes available.

Posted 29 June 21

Wivenhoe Housing Trust: paving the way to celebrations

Trustees of The Wivenhoe Housing Trust are looking forward to joining in with the national celebrations to mark 75 years of The Almshouse Association.

This almshouse charity, based in Essex, is responsible for the provision of thirteen properties over two sites in Wivenhoe. The Mary Ann Sanford Almshouses (1873) and Jonathan Feedham Almshouses (built 1974 from a legacy bequeathed 1718)

A Celebration Garden Party is set for Saturday 18^th September 2021 in the newly re-vamped courtyard at Jonathan Feedham Court. The location is most appropriate as the area has recently undergone significant improvements. The courtyard now benefits from a new drainage system. Significantly, improved access to the garden and floral beds has been achieved by raising the paved ground surface level across the yard to meet with that of the front door levels of the bungalows. The courtyard is now a much nicer space for residents to socialise enhancing opportunities for improved health and wellbeing and promoting a greater interest in plants and gardening.

The garden project had taken a few years to achieve and plans were afoot to hold an opening ceremony in 2020. Alas, pandemic restrictions meant that this couldn’t go ahead.

Now, an excellent opportunity awaits the Wivenhoe Housing Trust. A Grand Celebration Garden Party will enable combine their opening ceremony with marking the 75^th anniversary of the formation of The Almshouse Association. A 1940s themed afternoon will see all residents from both almshouse locations attending to enjoy afternoon tea with The Town Mayor of Wivenhoe, The Trustee Board, Representatives from The Wivenhoe Society, Wivenhoe Helping Hands and the two local schools. (A drawing competition is under way for local school children on an almshouse theme and awards will be presented at the garden party).

If available, a 1940s gramophone will play records of the era and entertainment is scheduled from The Hoolies, Wivenhoe’s Sea Shanty Crew and the Colchester Town Crier is on hand for any special announcements.

Words by Robert Needham. To read more about the renovations project, please click here .

Contacts
Robert Needham 01206 824446 noisybeggar@btinternet.com Peter Hill 01206 823073 peter@toadhall2.co.uk Chair of Trustees
Further information www.wivenhoehistory.org.uk
Searches: 1) Almshouses 2) Major Project at Jonathan Feedham Court

June 21

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Giving Something Back

by Chris Morton, Chairman of Louisa Lilley Almshouses

‘Giving Something Back’ to society was something that really came to fore in my life a few years ago when I was considering retirement from being a Commercial Accountant.

I felt that The Lilley Homes Almshouses was something I could “contribute” to and, as they say, “bring something to the table”.

The Trust is over 90 years old and Miss Louisa Lilley, who died in 1930, was part of a Shoe Manufacturing Family in the local town who bequeathed an amount in her estate to establish the Trust which now looks after after 20 one bedroom bungalows built around large gardens with residents ranging from 60 to 93 years old.

After attending a few of the trustee meetings, I felt I could contribute and was encouraged to put forward my ideas. My first proposal was a PPM (planned, preventative maintenance) regime that was welcomed by the Board, benefitting both the residents and trustees, then 2 years ago, the Chairman of Trustees asked me if I would take over as Chairman (he was in his 90s and had been Chairman for 40 years).

I was honoured to accept, and decided that this would fill in the “work” gap when I retired. The Louisa Lilley Trust has a history that needs to be protected and enhanced, so as we look forward, I believe the trust needs to make sure all our properties are kept in a condition suitable for the 21st Century, but keeping the vision that Louisa Lilley portrays in her will, which is still our ” bible.”

We have a Duty of Care to all our residents, and as such, we make sure that they are as safe as possible with the use of a call care system and our paid secretary visits all residents on a fortnightly basis.

We encourage a community spirit and intend to hold an Open Gardens event for a local charity this summer. We will give all residents a “Tea Party” on the same day and combine this with The Almshouse Association 75th Anniversary.

We are also looking at our carbon footprint along with sustainability, in everything we do, and one of the things we are currently exploring the possibility of putting solar panels on all our properties, although we are mindful that we if we do so, it must not spoil the “look” of the almshouses. Once Covid 19 restrictions have been lifted, we will be improving our roof insulation and we have also put natural water butts in both our complexes to reduce our reliability on tap water for our gardens.

The Trust is also looking at building new housing in our current grounds, to increase the number of almshouses we have to offer. These will be replicas of the ones we already have, but designed specifically, for the elderly, in the 21st Century.

June 21

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Almshouse charity steps in to help

A retired Uppingham couple who risked becoming homeless have moved into a newly created flat in Oakham owned by Rutland’s oldest charity, St John & St Anne (SJSA).

The almshouse charity stepped in to help Terence & Mary Gaythorpe after they were given notice to quit their previous home by their landlord. The two-bedroom flat, formerly the charity’s office was transformed into a home, with the help of a grant from Homes England and a loan from The Almshouse Association.

Mr & Mrs Gaythorpe have lived in the county for 50 years. Their flat brings SJSA’s housing stock for retired people to 103 properties spread over five sites in Oakham & Uppingham.

It is so pleasing that this new property will ensure that a local couple can now continue to enjoy their retirement years without having to repeatedly navigate the private rental market.
St John and St Anne Almshouses CEO Paul Martin

The Almshouse Association is so pleased to hear that an Almshouse Association loan has helped to make this possible for the charity and for these newest almshouse residents. With the help of our supporters and generous donations, we hope to be able to offer many more grants and loans to charities in need to that they may continue to provide safe, warm homes to people in need in their community.

If you would like to find out more about supporting almshoue charities or making a legacy in your will, please do contact our Head of Fundraising at susanvanleest@almshouses.org

You may also like to visit our Leave a legacy | (almshouses.org) page.

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