Core Values and Legal Frameworks in Managing Voluntary and Community Organisations

Learner Handbook

Trainers:

Tina Ashby, Voluntary Action Leeds

Laura Eden, Bradford CVS

Contents

Page

Introduction to the unit………………………………………………….……..……3

Submission dates……………………………………………………………..….……..5

Assessment criteria………………………………………………………..……….…..6

Assessment Task One – Core Values……………………………………...…….7

Assessment Task Two – Legal Structures………………………………..…...9

Assessment Task Three – Legislative Framework…………………….….11

Assessment Task Four – Good Practice Guide………………………….….13

Learner Assessment Record…………………………………………………...…..15

Workbook Section 1 – Values………………………………………….……….….18

Workbook Section 2 – Legal structures & charitable status….……...25

Workbook Section 3 – Legislation…………………………………….….………33

Workbook Section 4 – Roles and Responsibilities of Committees….36

Assessment Task Sheets……………………………………………………..………..49

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Introduction to the Unit

Core Values and Legal Frameworks

Values are at the heart if every organisation and should drive everything you do. But what are they, how do they effect how you run the organisation and how can you embed them in the organisation?

This course will give you a solid grounding in how voluntary organisations should operate within the law and what this means in practice for your management committee, staff and volunteers.

The course will cover

§  legal structures of voluntary and community organisations

§  what factors an organisation should consider in ensuring it has the right legal structure to function effectively and achieve it's aims.

§  the process of changing from one legal structure to another

§  legal issues relevant to the voluntary sector including Charity and Company Law

There will be a number of assessment activities where you will apply this knowledge to your own organisation.

Course Tutors

The course has been designed and delivered by:

Tina Ashby, Training Co-ordinator, Voluntary Action Leeds, Stringer House, 34 Lupton Street, Hunslet, Leeds LS10 2QW, 0113 297 7944,

Laura Eden, Training Co-ordinator, Bradford Community and Voluntary Service, Sunbridge Rd, Bradford , BD1 2AY, 01274 722772,

If you require any further assistance then do not hesitate to contact either course tutor. Alternatively contact Alison Brophy the Development Co-ordinator on 0113 2453111 or

If you would like feedback or support on completing the assessment tasks, please don’t leave it until a few days before the submission date, as we may not have time to respond adequately.

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Submitting your Work

Submission Date: Monday 9th March 2009

Please email or post your completed Supported Learning Pack to: Laura Eden, Bradford CVS, 2nd Floor, Sunbridge Rd, Bradford , BD1 2AY, 01274 722772,

If you e-mail your work, you will get an e-mail by return to confirm it has been received. If you post your work, please make sure that you send it either registered or recorded delivery. You can also hand in your work to Reception on the Second Floor at Bradford CVS. Make sure the envelope is marked for the attention of Laura Eden and you get a receipt.

Extensions to the submission date will only be agreed in exceptional circumstances. As you will be completing one unit per month, it’s important to submit your work on time, before the next unit starts to get the best out of the course. In addition the dates for moderating your work are fixed, so if you don’t submit on time, your work won’t be moderated until the following month which then delays you receiving feedback on how you’re progressing. If you need to negotiate an extension, speak to Alison Brophy at WYLC, 0113 2453111 or

Referencing and Plagiarism

You are expected to reference all your source materials for your assessment tasks. The following System is suggested, but you will not be penalised for using a different system.

Authors Last Name, Authors Initial, (Year of publication) Title of Book, Publisher Location: Publisher Name

For example,

Forbes, D. and J. Reason (2006) Voluntary but not amateur: A Guide to the Law for Voluntary and Community Groups, London: LVSC

For Websites:

Authors Last Name, Authors Initial, (Year of publication) Name of article on website, website address, Date accessed.

If year of publication is unknown, put ‘date unknown’.

Pearson, M. (1999) Online study skills guide, http:\\www.hud.ac.uk\schools\skills \referen.htm, Date accessed 16/9/99.

For more information on referencing see http://efn.hud.ac.uk/studyskills/referen.html

Plagiarism means taking other people's work and passing it off as your own. To ensure you do not do this, make sure you reference all your source materials. We can only mark work that we believe to be your own. It’s fine to work with colleagues, but the work you submit must be your own.

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Course outline

Time / Day 1
9.30 / Start
Introduction to the Qualification
Outline of the Unit and Format of the two days
What are Values? How do they affect what you do and how you do it
Approx 12.30 / Lunch
Legal Structures and Charitable Status
How do values relate to an organisations type and legal structure?
Legal Structures & Charitable status Case Studies
Mini-evaluation of day 1
4.30 / Close
Time / Day 2
9.30 / Outline of the day
Legislation that applies to voluntary and community sectors
Roles and responsibilities of committees in governing the organisation and determining the values
What makes a good committee and an ineffective committee?
Approx 12.30 / Lunch
Role of the Officers
Governance Case Studies
Distance Learning materials and information on completing the assignments
3.50 Finish / Evaluation and info about next unit
3.50 – 5pm / Individual / small group tutorials

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The Unit

UNIT TITLE: Core Values and Legal Frameworks in Managing Voluntary and Community Organisations

LEVEL: Three

CREDIT VALUE: 6

UNIT CODE: AG13QQ006

ACCREDITED UNIT NO: K/101/2895

This unit has 4 learning outcomes.

The tasks below when completed will form evidence for your qualification.

LEARNING OUTCOMES / ASSESSMENT CRITERIA
The learner will: / The learner can:
1. Understand the relationship between the core values and legal structures within an organisation. / 1.1. Identify and critically assess the core values of a voluntary sector organisation and a community sector organisation.
1.2. Explain how the core values relate to the legal structures of an organisation.
1.3. Describe how committee working reflects the core values of an organisation.
2. Understand the legal frameworks and legislation which applies to the voluntary and community sectors. / 2.1. Evaluate a range of organisational legal frameworks which apply to the sector, for example, Charity Law, Company Law, Unincorporated Organisations and Co-operatives.
2.2. Assess how one framework particularly impacts on the core values and policies of your organisation.
3. Understand relevant legislation that applies to the voluntary and community sectors. / 3.1. Evaluate the legislation in two key areas that impact on the day-to-day running of organisations, for example, Equal Opportunities, Health and Safety.
4. Demonstrate an awareness of different rights and legal responsibilities of individuals within an organisation, including committee members, staff and volunteers. / 4.1. Describe and evaluate the rights and legal responsibilities of the members and staff to two different management structures used in the voluntary or community sector.

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Task One: Workplace Study - Core Values

1). Discuss the difference between the core values of a voluntary organisation and a community organisation, with referencing to two organisation with which you are familiar. (300 words)

2). Produce a workplace study of a maximum of 600 words which critically assess the core values of one voluntary or community sector organisation, and describe how these values impact on the management of the organisation and it’s legal structure. This includes all levels of management from committee to paid staff. You may want to refer to the organisations policies and procedures to illustrate how the organisation does things. It is important to discuss this task with members of management of the organisation concerned. You should ensure that any issues relating to confidentiality are discussed.

The report should be presented in a formal structure including:

§  A summary of findings

§  Introduction

§  Main body with sub-headings

§  Conclusion with findings

§  Appendices should be used for supporting information and could include parts of relevant policy / procedure documents.

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Task One: Report - Workplace Study Core Values
This table is for information on how the tutor will assess your work.
The Learner has achieved the task when he/she: / Tutor Comments. / Learner Achieved / Tutor Signature / Moderator Signature / Date
Produces a report of a maximum of 900 words, which is clear, logical and relevant.
Discuss the difference in core values of two organisations-one from voluntary sector, one from community sector.
Clearly explains how the core values of the organisation might affect the choice of legal structure.
Correctly identifies how committee work in the organisation reflects the core values of that organisation.
Has referenced the source material appropriately.

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Task Two: Presentation – Legal Structures

This task assesses your understanding of the legal structures, which apply to the voluntary and community sectors.

Prepare a 10 minute presentation which includes slides or other appropriate visual aids and your notes. The presentation should include an introduction and any diagrams to illustrate your points.

The presentation should identify and list the different legal structures, which apply to voluntary and community sector organisations and give a brief description of three of these. Consider how one legal structure affects legal responsibilities and obligations and how this impacts on the management of a particular organisation with respect to its committee members, staff and volunteers.

You will not have to deliver the presentation to the group, but you will be assessed on both the presentation content and your presentation notes.

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Task Two: Presentation – Legal Structures
This table is for information on how the tutor will assess your work.
The Learner has achieved the task when he/she: / Tutor Comments. / Learner Achieved / Tutor Signature / Moderator Signature / Date
Prepares a 10 minute presentation with notes, which is clear and appropriately structured
Describes at least three legal structures, which apply to the voluntary and community sector, for example, charitable status company, unincorporated organisations, co-operatives.
Evaluates how one legal structure affects legal responsibilities and obligations.
Evaluates how this legal structure impacts on roles and responsibilities and lines of accountability of committee members, staff and volunteers.

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Task 3: Legislative Framework

Choose 2 areas of legislation that apply to your organisation. Write 900 words on how these areas of legislation impact on your organisation, considering the following questions.

§  Why is this area of legislation relevant to your organisation?

§  What are the acts that are relevant?

§  How does the legislation impact at an operational level?

§  What is the committee’s role in ensuring that your organisation meets its legal obligations in this area?

§  Critically evaluate whether the relevant legislation improves how your organisation works.

Areas of legislation that you might look at are:

§  Health and Safety

§  Employment Law

§  Company Law

§  Charity Law

§  Areas specific to the work your organisation does such as Safeguarding Children or Safeguarding Adults

You are asked not to study Equality and Diversity as you will be completing an assessment task on this in the ‘Promoting Equality’ unit.

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Task Three: Legislative Framework
This table is for information on how the tutor will assess your work.
The Learner has achieved the task when he/she: / Tutor Comments. / Learner Achieved / Tutor Signature / Moderator Signature / Date
Produces a report of at least 900 words which, correctly evaluates legislation in two key areas and considers the impact at all levels in the organisation.
Correctly identifies the committee’s roles and responsibilities for ensuring compliance.
References source material appropriately

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Task Four: Good Practice Guide

This task requires you to demonstrate your awareness of the different rights and legal responsibilities of individuals within an organisation, focusing in particular on committee work.

Produce a Good Practice Guide which is a minimum of 1000 words, for the committee work that takes place in an organisation.

The guide should allow for ease of reference for the organisation’s staff, and so should be concise and clear containing:

§  An explanation of terms

§  A summary of rights and legal responsibilities of two management areas. (Select from the list below)

§  A description of good working practice for committee work in the form of a procedure

Evidence of consultation within the organisation should be included as an appendix, e.g. use of questionnaire, notes of discussion.

Example management areas.

§  Finance

§  Human Resource Management

§  Volunteer management

§  Buildings and health and safety

§  Organisational policies and procedures

§  Fundraising

§  Quality Assurance

§  Or other area specific to your service or activities

§  Other areas may be explored – please discuss with the tutor

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Task Four: Good Practice Guide
This table is for information on how the tutor will assess your work.
The Learner has achieved the task when he/she: / Tutor Comments. / Learner Achieved / Tutor Signature / Moderator Signature / Date
Accurately describes and critically evaluates the rights and legal responsibilities of management committee members and staff for two management areas within an organisation.
Produces a Good Practice Guide that includes: an accurate explanation of terms, a coherent summary of rights and legal responsibilities and a description of good working practice for committee work.
Provides evidence of effective consultation with staff and committee, for example, questionnaires and notes of discussion.

Learner Assessment Record