Agenda item
The future administration and governance of Barham Park Trust
This report recommends the further separation of the Council’s role as Trustee for Barham Park Trust from its statutory role and functions as a London borough council, and the development of specific policies and procedures for the effective management and use of the Trust’s assets in order to fulfil its charitable purposes. It also recommends changes to the financial management of the Trust funds. The review of governance issues is part of the major review of the Trust which started in 2009 and has been more actively pursued since the beginning of 2012. It also takes into account matters raised by the Charity Commission.
Decision:
That agreement be given to the Executive carrying out the functions of trustee of Barham Park Trust and to:
i) note the Barham Park Trust status as a charitable trust
ii) arrange for the trustee functions in relation to Barham Park Trust to be discharged by a sub-committee of five members of the Executive to be known as ‘Barham Park Trust Committee’ namely Councillors Hirani, R Moher, Powney, Crane and Jones;
iii) agree the membership and terms of reference of the Barham Trust Committee of the Executive as set out in paragraph 3.7 of the report from the Director of Legal and Procurement;
iv) delegate the day to day trustee functions and decision making to the Assistant Director Neighbourhood Services in consultation with the Assistant Director Regeneration and Major Projects and the Deputy Director Finance and Corporate Services who shall collectively be known as the ‘Barham Park Trust Management Team’;
v) the officers in iv) above are delegated such executive powers relating to their service areas as are necessary to carry out the day to day trustee functions and, in so far as they relate to Barham Park Trust matters, these powers are the same as those delegated to Directors in those service areas under Part 4 of the Constitution;
vi) recommend to Full Council that the Director of Legal and Procurement be requested to amend the Constitution accordingly;
vii) note the Director of Legal and Procurement will provide specific guidance to members and officers in their role as trustee, and provide training;
viii) note that changes to the Trust accounts will be undertaken.
Minutes:
The report before the Executive from the Director of Legal and Procurement recommended the further separation of the council’s role as Trustee for Barham Park Trust from its statutory role and functions as a London borough council, and the development of specific policies and procedures for the effective management and use of the Trust’s assets in order to fulfil its charitable purposes. It also recommended changes to the financial management of the Trust funds. The review of governance issues was part of the major review of the Trust which started in 2009 and has been more actively pursued since the beginning of 2012. It also took into account matters raised by the Charity Commission. Members heard from Councillor Jones (Lead Member, Customers and Citizens) that the Charity Commission were satisfied with new arrangements and that Trust members would be trained in the financial and legal responsibilities of their role.
Councillor Lorber (Ward Councillor, Sudbury) expressed the view that the Trust should meet frequently, three or four times, particularly in its first year, to address concerns raised by and with the Charity Commission which, he felt, should have been set out in the report. He felt the Trust would give officers a clear direction emphasising that the Park should not be treated as a council asset.
Councillor Powney (Lead Member, Environment and Neighbourhoods) clarified that the purpose of the report was to establish principles of governance over the park and that the one meeting per year referred to in the report was the minimum. He drew attention to a consultation exercise on park improvements that was underway and felt that any change would be incremental given the financial situation. The Director of Legal and Procurement added that she felt it was now more appropriate to move forward under the new arrangements and was keen to ensure that the training to be provided was taken on board.
Councillor Butt assured that Trust would give consideration to the recommendations from the Charity Commission and welcomed the improved transparency of the new arrangements which would benefit the community.
RESOLVED:-
that agreement be given to the Executive carrying out the functions of trustee of Barham Park Trust and to:
(i) note the Barham Park Trust status as a charitable trust
(ii) arrange for the trustee functions in relation to Barham Park Trust to be discharged by a sub-committee of five members of the Executive to be known as ‘Barham Park Trust Committee’ namely Councillors Hirani, R Moher, Powney, Crane and Jones;
(iii) agree the membership and terms of reference of the Barham Trust Committee of the Executive as set out in paragraph 3.7 of the report from the Director of Legal and Procurement;
(iv) delegate the day to day trustee functions and decision making to the Assistant Director Neighbourhood Services in consultation with the Assistant Director Regeneration and Major Projects and the Deputy Director Finance and Corporate Services who shall collectively be known as the ‘Barham Park Trust Management Team’;
(v) the officers in iv) above are delegated such executive powers relating to their service areas as are necessary to carry out the day to day trustee functions and, in so far as they relate to Barham Park Trust matters, these powers are the same as those delegated to Directors in those service areas under Part 4 of the Constitution;
(vi) recommend to Full Council that the Director of Legal and Procurement be requested to amend the Constitution accordingly;
(vii) note the Director of Legal and Procurement will provide specific guidance to members and officers in their role as trustee, and provide training;
(viii) note that changes to the Trust accounts will be undertaken.
Supporting documents: