Issue - meetings

In accordance with good practice recommended by the Charity Commission, this report sets out for periodic review the governance and management options available to the Barham Park Trust Committee.

RESOLVED having considered the detailed options available for the future governance of the Barham Park Trust:

(1)    To approve Option 1 (Maintain the Status Quo) as the ongoing governance model to conduct the management arrangements for the Trust.

(2)    on the basis of (1) above, to agree and confirm that it continues to be in the best interest of the charity for the local authority to remain as trustee.

(3)    That officers be requested to explore the potential establishment of a wider consultation mechanism to engage users of the park and the local community representatives, alongside other key stakeholders such as tenant organisations, on issues relating to the ongoing management of the park and its facilities.

Biancia Robinson (Senior Constitutional Lawyer) introduced the report setting out for review, in accordance with recommended good practice by the Charity Commission, the governance and management options available for the Barham Park Trust Committee.

In considering the report, the Trust Committee were reminded that the Charity Commission considered it good practice for the Trust to periodically review its governance and management arrangements and whether it was felt to remain in the best interest of the charity for the local authority to remain as trustee. Previous reviews had been undertaken in 2015 and 2018 when it had been decided to maintain the status quo and it was now considered timely to undertake a further review.

In terms of the current governance and management arrangements, the Committee were reminded of the original terms under which the Trust had been established with the land held by the Council as sole trustee and only available for use in furtherance of the Trust’s stated charitable purpose.  The Council was therefore ultimately responsible for the management and administration of the Trust acting in the best interests of the Trust and its beneficiaries.  As part of these arrangements the Council had generally met the costs of managing, maintaining developing and running the Park, supplemented by rental income and interest on capital along with any additional grant funding obtained.  In practical terms this has meant the Trust receiving a subsidy from the Council with the Trust’s funds managed and accounted for separately to those of the Council.  The Trust Committee was also reminded of the fundamental limitations with the land held for recreational purposes, no express power of sale in the conveyance nor for the Council to acquire Barham Park for assimilation into its property portfolio without permission of the Charity Commission or Court.

Having noted the background and context provided to the current management and administration of the Trust, the Committee then moved on to consider the various options identified for review in relation to its future management and governance arrangements.  The options identified were as follows with the Trust Committee, in considering each option, having noted the further detail provided as set out in section 4 of the report:

·             Option 1: Maintaining the status quo.

·             Option 2: Appoint additional trustees alongside the Council.

·             Option 3: Appoint a Corporate Trustee.

·             Option 4: Establish a new corporate charity to take on ownership and control of Barham Park; and

·             Option 5: Outright transfer to another charity.

In welcoming the comprehensive overview of the options provided and recognising the potential impact on future operation of the Trust, the Committee’s attention was also drawn to additional written representations submitted in advance of the meeting by a local resident (Mr Philip Grant) in relation to Option 2 and the potential to establish a Trust Advisory Committee consisting of independent members including some nominated by local community groups and Barham Park users to support the Trust Committee in its role and formal management arrangements.

Having considered the options available, the  ...  view the full minutes text for item 10