Trustee RoleDescription for Enrych Branches

Enrych BranchManagement Committee and Trustee Duties

The governing body for a branch of Enrych is known as a Management Committee made up of 4 or more trustees. While Enrych branches employ operational staff known as Project Coordinators, most do not employ executive officers or administrative staff. Instead the charity’s administration and management is normally conducted by the trustees. Sometimes volunteers,who are not trustees,are co-opted to support the Management Committee.

In addition to attending meetings Trustees are therefore expected to share out the duties of the Management Committee. The division of labour will depend on the strengths and expertise of individual trusteesand how the committee as a whole decides it wants to work. Trusteeship is very much a team effort.

The duties of the Management Committee include:

Governance:-

  • Organising Management Committee meetings, keeping minutes and sending copies with agendas to Enrych Central
  • Holding an AGM
  • Preparing and forwarding the Charity Commission Annual Return
  • Adopting Policies and Procedures as and when appropriate
  • Annually updating Insurances and Data Protection
  • Recruiting Trustees and staff as and when required

Development:-

  • Providing strategic direction
  • Improving the quality of Enrych’s service to people with disabilities
  • Developing new initiatives
  • Promoting Enrych
  • Networking with other organisations and sectors in society (e.g. local authorities, health and social care agencies, educational institutions, businesses, other voluntary organisations)

Finance:-

  • Preparing an annual budget
  • Monitoring the bank account/cash flow
  • Paying bills
  • Paying staff salaries and expenses
  • Preparing income and expenditure accounts
  • Providing financial information to interested parties as required e.g. Donors

Fundraising:-

  • Making formal applications to donors and grant making bodies
  • Liaising with Enrych Central’s fundraising stafffor advice, to keep updated on funding opportunities and avoid conflicts with other branches
  • Attending occasional donation ceremonies
  • Reporting to funders as required
  • Organising local fundraising activities
  • Line Management:-
  • Naming a trustee to act as line manager for project staff. This individual to meet staff regularly (normally 6 weekly) and on an ad hoc basis if and when required.
  • Approving expenses
  • Maintaining a system to retrieve project information
  • Receiving staff diary updates
  • Conducting yearly staff appraisals
  • Ensuring project co-ordinators prepare quarterly reports for Management Committee meetings
  • Liaising with Enrych Central, in order to update staff training and development, and obtain operational support.

Statutory Responsibilities and Duties of a Charity Trustee

Trustees of any UK registered charity have three main responsibilities:

  1. fiduciary responsibility holding the organisation in trust and ensuring public confidence
  2. to determine the overall direction of the charity
  3. to provide leadership

Trustee statutory duties are:

  • To ensure that the charity complies with its governing document, charity law, company law and any other relevant legislation or regulations.
  • To ensure that the charity pursues it charitable objects as defined in its governing document.
  • To ensure the charity uses its resources exclusively in pursuance of its objects :( the charity must not spend money on activities which are not included in its own objects, no matter how worthwhile or charitable those activities are).
  • To contribute actively to the Management Committee, giving firm strategic direction to the organization, setting overall policy, defining goals and setting targets and evaluating performance against agreed targets.
  • To safeguard the good name and values of the charity.
  • To ensure the effective and efficient administration of the charity.
  • To ensure the financial stability of the charity.
  • To protect and manage the property of the charity and to ensure the proper investment of the charity's funds.

Trustee person specification

  • Commitment to the organization
  • Willingness to devote the necessary time and effort to attend meetings and share in management tasks.
  • Strategic vision
  • Good, independent judgment
  • Ability to think creatively
  • Willingness to speak their mind
  • Understanding and acceptance of the legal duties, responsibilities and liabilities of trusteeship
  • Ability to work effectively as a member of a team

Code of Conduct for Enrych Charity Trustees

This section should be read in conjunction with the trustee job description.

Purpose

The purpose of this code of conduct is to provide trustees with clear guidelines as to their responsibilities, best practice and expectations in fulfilling their obligations to this charitable organisation.

General

  • Trustees must have a good understanding of, and be sympathetic to, the aims and objects of the charity and act in accordance with the governing document at all times.
  • Trustees must act and make decisions in the best interests of the charity and its present and future beneficiaries. They should be aware of issues that may affect the present and future growth of the charity and its relevance to modern society. Where necessary they should ask EnrychNational Office to provide relevant information to help them in fulfilling this duty.
  • Trustees should seek appropriate professional assistance where they feel that it is necessary to help them to make the most appropriate decision affecting the charity. Such assistance should be sought and considered carefully.
  • Trustees must not receive any financial or non-financial benefit that is not explicitly authorised by the governing document.
  • Trustees should not exert any influence to garner any preferential treatment for themselves or their family.
  • Trustees are jointly and severally liable for their decisions; therefore decisions should be taken together and communicated to staff, stakeholders and funders in a unified manner.
  • Trustees are accountable to stakeholders for their actions and decision-making and governance issues should be as transparent as possible within the need to protect confidentiality.
  • Trustees should be prepared to spend an appropriate amount of time reading papers and preparing for board meetings. A minimum attendance of 75% meetings is required of trustees to ensure that best practice in governance is reached and maintained.
  • Should a trustee feel that they require further guidance or training in their role, they have a duty to inform EnrychNational Office who will, if necessary, work to develop new training for individuals or groups of Trustees.
  • Any information of a confidential nature must remain confidential outside the confines of the Trustee meeting.

Legal status, roles and responsibilities of trustees

  • Trustees are responsible for setting the strategic aims, objectives and direction of the charity.
  • Trustees must also identify risks to the charity of aspects of its operation, particularly where there are new developments.
  • There is a general rule that Trustees act in person and take decisions affecting the charity as a body.
  • Trustees have the power to delegate to others to fulfil their decisions.
  • If trustees act prudently, lawfully and in accordance with their governing document then any liabilities they incur as Trustees can be met out of the charity's resources. But, if they act otherwise they may be in breach of trust and personally responsible for liabilities incurred by or on behalf of the charity, or for making good any loss to the charity.
  • Since Trustees are acting collectively in administering a charity, they will usually be responsible collectively (the legal term is "jointly and severally") to meet any liability to a third party, which has been incurred by them or on their behalf. Trustees are indemnified out of the property of the charity where the liability has been properly incurred in the administration of the charity. (As a further safeguard for Trustees Enrych recommends that its branches take out Trustee Indemnity Insurance)
  • Trustees are required to act reasonably and prudently in all matters relating to the charity and need always to bear in mind that their prime concern is the interests of the charity. They cannot let their personal views or prejudices affect their conduct as Trustees. They need to exercise an appropriate degree of care in dealing with the administration of their charity. Section 1(1) of the Trustee Act 2000 sets out what it calls the "duty of care". The duty of care is the duty to exercise such care and skill as is reasonable, having particular regard to:
  • any special knowledge or experience that the Trustee has or holds himself or herself out as having; and
  • where a trustee acts in the course of a business or profession where he or she will be expected to exercise their special knowledge or experience.
  • Trustees are responsible for ensuring that any fund-raising activity carried out by or on behalf of their charity is properly undertaken, and that all funds collected are properly accounted for.

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