Decision

1. 1

The Committee considered a report of the Executive Director of Neighbourhood Services requesting that it notes the Charity Commission’s correspondence regarding Norton Nurseries and approve progression of the arrangements previously agreed by the Trustee, including completion of the licence documentation and associated legal and property processes.

1. 2

RESOLVED: That the Charity Trustee Committee:-

(a)  Notes the correspondence from the Charity Commission regarding Norton Nurseries and the Commission's conclusion that the Trustee's previous decision was taken in the best interests of the charity.

(b)  Approves that the Council as trustee now progress the implementation of the approved arrangements, including completion of the longer-term licence documentation and any associated legal and property processes.

1. 3

Reasons for Decision

1. 3.1

The Charity Trustee Committee is asked to note the Charity Commission’s correspondence because it confirms that the Trustee’s previous decision in relation to Norton Nurseries was taken in the best interests of Graves Park Charity. The Commission has indicated that it is satisfied that a case has been made that it is expedient in the interests of the Charity for the Council, acting as trustee, to enter into a five-year licence for the Norton Nurseries land with the Council in its capacity as local authority.

1. 3.2

Noting the correspondence enables the Trustee to demonstrate that it has considered the Charity Commission’s advice, including the need to act in the Charity’s best interests, manage conflicts of interest, account properly for the Charity’s funds and assets, and ensure that the terms of the licence are enforced and monitored. This is important because the advice has been provided under section 15(2) of the Charities Act 2011 and failure to have regard to it may expose the Charity and Trustee to further regulatory scrutiny.

1. 3.3

The decision also provides a clear basis for officers to progress implementation of the approved arrangements, including completion of the longer-term licence documentation and any associated legal and property processes. This will support proper governance of the charitable asset, ensure the depot arrangements are regularised, and maintain the ongoing maintenance and upkeep functions which support Graves Park and other sites.

1. 4

Alternatives Considered and Rejected

1. 4.1

Option 1: Do nothing (do not respond to the CC).

In the event that the Trustee ceases to engage with the CC this may be construed as a breach of the Trustee’s duties that could ultimately lead to the CC instigating a Statutory Inquiry and cause reputational damage to the charity. This option has therefore been discounted.