Category: Charities

Stewards Company manage the JW Laing Trust which has transformed lives over the last 100 years.

The Stewards Company was set up to be a ‘steward’ of mission properties worldwide. With links to evangelical churches, there was a strong missionary movement which also built many schools, hospitals and medical centres. The missionaries didn’t want to own the properties, so they needed an organisation back in the UK to take responsibility.    

John Laing, one of the directors of the Stewards Company, was a successful property builder and had amassed significant wealth. He made a vow to God that for every pound he earned a significant percentage would be given to charity.     

When John Laing died, he left most of his money in trust for Christian causes, including the J.W Laing Trust and the J.W. Laing Biblical Scholarship Trust. He’d asked the Stewards Company to administer these and Anthony Collins now advise and guide them through the intricacies of charity law and best practice.

Creating opportunities

The J.W. Laing Trust is an independent Christian grant-making body which aims to improve the lives of those in need and focuses on community, disadvantaged youth, education and homelessness.

During his life, John Laing was passionate about funding missionary work and youth work. He was involved with organisations for young people which aimed to preach the message while making Christianity appealing. He also supported the International Fellowship of Evangelical Students together with promoting biblical scholarship through Tyndale House.

His beliefs live on as the trust only awards grants that fit its criteria and strategic priorities. 

“It’s wonderful to have the team at Anthony Collins walking alongside us. I know I can pick up the phone at any time and talk through an issue. They’ll come up with an answer, go and research it or connect us with another expert. Their expertise has guided and helped us through many challenging issues. Plus, we know they share our ethos and understand what we’re about.”
Andrew Griffiths, director of operations, Stewards Company Ltd

Non-flamboyant giving

In contrast to today’s society when things are often done for show, John Laing never drew attention to his giving. He emphasised it was not his money and that he was just God’s steward while on earth.

The Stewards Company has always respected this but, last year on the 100^th year anniversary of the JW Laing Trust, they thought it would be fitting to hold a Thanksgiving Service in London. It’s estimated that half a billion pounds has been given away by the Trust over that time which means John Laing’s legacy has supported an incredible number of individuals and causes.

Keeping charities on the right path         

The regulatory requirements on charities and the scrutiny they are put under by the Charity Commission, has increased hugely in recent years and if there’s the slightest question mark over a charity’s actions, it can have a major impact on their reputation.

So, our role with the Stewards Company is to help them carry out their activities with the best governance possible. We make sure all the correct procedures are followed and everything is transparent. This then facilitates them to effectively administer the JW Laing Trust.

We’ve helped the Stewards Company with a wide range of issues, including GDPR, employment advice, trustee training and recruitment. Particularly, with new appointments, we’ve been able to steer them in the right direction and advise on the consents required from the Charity Commission

“It’s a real joy to provide advice for the Stewards Company and the J.W. Laing Trust. Sitting in the Thanksgiving Service was extremely uplifting, knowing we’ve played a small part in work that will have such a long-lasting impact.”
Edwina Turner, legal director, Anthony Collins

The Night Sky Foundation has been created to support disadvantaged young people by awarding generous grants.

Andy Weekes, ex-teacher and founder of iCandi Apps Ltd, is the creator of the popular stargazing app called Night Sky. With the profits, he wanted to set up a charity that would improve access to educational opportunities – especially in digital technology for those in difficult circumstances.    

And so the charities and governance team at Anthony Collins (AC) helped Andy establish Night Sky Foundation. He launched the Foundation at his 40^th birthday, having kept it all top secret.    

Avoiding conflicts of interest 

In his business, Andy is the sole shareholder and director which is perfectly legitimate and aligned for his commercial interests. But we explained this would be impossible in charity law for the Foundation. As iCandi Apps would be the main donor to Night Sky Foundation, there needed to be some distance between him and the charity to manage any conflicts of interest.

We shared best practice and explained he needed to appoint some independent trustees, (not relatives), to work alongside him in the Foundation. We outlined the duties and responsibilities of these trustees, highlighting their role was to make decisions in the charity’s best interest.

Getting up and running   

We managed to register Night Sky Foundation as a charitable company in an incredibly short space of time so that it was all set up for the launch party. On average, this can take up to three to six months but, as we act on the registration of such a large number of charities and understand how to work with the Charity Commission, we were able to get the application through in a few weeks. This meant grants could be made and the Foundation could start to have an impact right away.      

We also helped advise on a grant-making policy as a requirement of the Charity Commission.   

Making a tangible difference

The Night Sky Foundation has recently given its first grant to BAND, Bristol Association for Neighbourhood Daycare, to fund an online safety course. Other grants include one to the children’s charity, Make Them Smile, to enable them to buy two workstations – including computers, desks and accessories for children who have autism and to fund a trip for 30 students to the National Space Centre.

There is more funding available as Andy is keen to donate more money in 2023/24.

Using our expertise 

According to the Charity Commission, Anthony Collins advises on more charity registrations in a year than any other law firm. Putting that experience to good use, we helped Andy set up his charity without delay and helping others has been highly rewarding for the team.

“It was wonderfully refreshing to be able to help someone who wanted to do something positive with their surplus money for all the right reasons, especially in these difficult economic times.”
Edwina Turner, legal director, Anthony Collins   

The Eternal Wall of Answered Prayer will be 169ft – over twice the size of the Angel of the North.

The Eternal Wall of Answered Prayer is an upcoming landmark on the outskirts of Birmingham which will be visible from up to six miles away. The impressive monument is estimated to be seen on over 500,000 journeys a week.

It’s not just its size which makes the design ambitious. The landmark will be built using one million bricks, each recounting a personal story of how God has answered someone’s prayer. The Eternal Wall project has attracted significant press coverage from The Guardian, The Times, the Mail Online, Sky News, ITV and the BBC.

However, for this very powerful piece of monumental art to become a reality, we were asked to get involved.     

Overcoming challenges

From its early stages, we have supported the Eternal Wall project as we navigated a broad range of stakeholders and some practical on-the-ground challenges. For example, the land for the monument raised many issues including access road challenges, a linked development site and HS2 nearby.

Providing ongoing support

Acquiring the land was a huge milestone for the project, and the new road is being built. We are continuing to advise on the Eternal Wall project and hope to help see it through to completion.

So far, the Eternal Wall project has benefitted from our wide range of specialisms and holistic advice which is particularly relevant for unique projects such as this for a faith body. Ultimately, our legal support is enabling the creation of a nationally significant and lasting monument for wider society.

“As one of the leading law firms who act for faith bodies and religious organisations, we are proud to be involved in a project creating what will be an iconic faith monument on our doorstep.”
Dominic Curran, partner, Anthony Collins

We’re appointed by the Charity Commission to manage charities that are at crisis point.

The Charity Commission is responsible for regulating charities in England and Wales. When supporting their charity clients, the Anthony Collins Solicitors (ACS) charities team often liaise with the Commission on their behalf on regulatory and compliance issues. However, ACS are also one of a small number of approved organisations from which the Commission appoints interim managers.

 

Managing property and affairs

Charities aren’t always run successfully and there are cases where the Charity Commission exerts its regulatory power to appoint an interim manager, usually lawyers or accountants. This action is taken as a last resort to protect a charity’s beneficiaries, finances, assets and reputation.

 

Over the last couple of years, ACS staff have been appointed into interim manager roles five times by the Commission. The role involves managing the property and affairs of a charity – working with trustees or taking complete control. How long we’re in the role varies significantly. It could be a few months, but it might be for years. This was the case with the Alternative Animal Sanctuary.

 

An animal rescue at risk

In January 2019, the ACS team (Edwina Turner, Phil Watts and Sarah Tomlinson) were appointed as interim managers for the Alternative Animal Sanctuary. The Commission had already been working with this animal rescue charity for two years and had significant concerns about how the trustees managed conflicts of interests, the finances of the charity and its reputation.

 

Although our appointment didn’t stretch to looking after the animals, the ACS team were responsible for everything else that running the charity involved, from managing the bank accounts to buying animal food.

 

The final straw

We worked with the trustees to improve their practices and management. However, after a year, nothing was changing. The final straw came when the RSPCA raided the property and seized a number of animals.

 

Unfortunately, we ended up doing what interim managers have to sometimes do – recommending to the Commission that the charity should close its doors. After this was agreed, our responsibilities shifted from operating the charity to shutting it down in an orderly manner.

 

We began the difficult process of distributing the charity’s residual funds which totalled over £400,000. After extensive research, the list of suitable charities was whittled down to ten organisations around the country with similar objectives. All of these charities were able to put the funds they received to very good use.

 

The interim manager role boosts our understanding of the way the regulator operates which helps us to better serve our charity clients.

 

“Charities are set up for the benefit of the public. The work we do as interim manager deals with charities where that public benefit focus has been lost – perhaps through mismanagement or fraud. We try and get those charities back on track, so their purposes are fulfilled. Where this isn’t possible, our job is to protect the charitable assets so they can be used for public benefit elsewhere.”
Phil Watts, senior associate, Anthony Collins Solicitors

The foundation of good governance begins with setting up charities successfully.

At Anthony Collins Solicitors (ACS), we’re proud to work alongside charities to make sure they are run properly and achieve their charitable purposes. Our support plays a critical role in building public confidence in charities and reassuring donors their money is being used to make a difference.

 

We support charities in a number of ways, from assisting with mergers and restructures to dealing with serious incidents and limiting damage to their reputation.

 

Edwina Turner, ACS legal director, explains, “The structure of a charity is similar to a human skeleton. When it’s working properly, we don’t notice it. However, when it doesn’t function as it should, it hinders what we do. Our aim as a team is to create a structure that facilitates and empowers the work a charity does. If trustees and staff have to work around their charity’s structure then that is a sure sign it isn’t the right structure for that charity.”

 

Set up to succeed

The foundation of good governance for charities starts with being set up correctly. ACS have been recognised by the Charity Commission as one of the UK firms with the highest number of registrations. This was 139 new charities in 2021.

 

We register charities with a wide range of charitable purposes – health and social care, the arts, faith, education etc. However, a high number of these registrations come through our partnership with Stewardship, itself a charity. We work with them to offer a registration package, which helps new charities to get started and more traditional charities to modernise.

 

Limiting personal liability

In the charity world, growth can tend to be organic – often it starts with the vision of one or two people and a simple structure but 10-20 years later the charity may be a national/international organisation with many employees and numerous contracts with third parties. When this happens we can see the structure struggle to keep up. The ACS team helps charities by changing their structure, often moving from an unincorporated charity (for example, a trust) to a re-registering as a corporate charity that can support and empower the work of the charity and limit the personal liability of the trustees.

 

An example of this is our work with the Baptist Union. We provide support enabling unincorporated Baptist churches to re-register as charitable incorporated organisations. This enables bank accounts, employment contracts and contracts with third parties to be in the charity’s name instead of the trustees’ personal names.

 

“Our work with charities is extremely rewarding. By drafting their governing documents and registering them with the Charity Commission, we help them start their work from a solid foundation and then continue to be well-governed and regulated organisations. With the right structure in place, they can make an impact on the lives of individuals and successfully tackle issues that are facing our communities.”
Katie Crosbie, executive, Anthony Collins Solicitors

When Fegans merged with Spurgeons, we made sure the transfer of assets went smoothly.

Spurgeons supports children and their families up and down the country. Their work covers a whole host of areas, including helping young carers, working with families affected by domestic abuse and preventing child criminal exploitation.

 

In July 2021, Fegans, a school counselling and parenting support charity in the South East of England merged with Spurgeons. With Fegans struggling and Spurgeons making a growing impact nationally, the merger would help achieve their shared vision “to be Christ-honouring and to ensure the work they carry out better serves that purpose”.

 

As part of the merger, Fegans gifted Spurgeons a range of properties, including their headquarters. And this was where they needed the expertise of the Anthony Collins Solicitors (ACS) team.

 

Extensive background work

Taking on Fegans’ premises was critical for Spurgeons to continue delivering their services. However, although there would be no money transferred, Spurgeons needed our help to make sure taking on these buildings would be in their best interests and they wouldn’t become a liability.

 

At first glance, receiving properties as a gift might seem straightforward, but there was still a lot of expert background work that needed to be completed by the ACS team. Titles needed to be checked, searches undertaken and enquiries raised. The ACS team carried out intensive work to ensure that Spurgeons could make a fully informed decision on each of the properties prior to completion. They also undertook full due diligence on each of the properties and walked alongside the client when reviewing the information available from Fegans to ensure that each of the properties wouldn’t cause any problems for Spurgeons or incur additional costs in the future. All too often, charities accept gifts without realising the financial impact that they may have in the future due to the repair and maintenance obligations that are often overlooked.

 

A number of the properties were leasehold, therefore the terms of the leases need to be reviewed to ensure they could continue to be used for the charity’s work and there would be no breach of the lease terms with the respective landlords. Also, consent needed to be obtained from the landlords prior to completion which included entering into further deeds and documents to ensure that the charity’s work could continue from completion.

 

Looking to the future

As ever, there was a certain amount of chasing and liaising with third parties to do. However, our approach prioritised relationships, making sure the merger got off to a positive start for everyone involved.

 

By helping to facilitate this merger, we’ve helped two organisations join forces so they can keep up their valuable work improving lives and the mental health of many children and their families.

 

Moving forward, Spurgeons is committed to continuing Fegans’ work and every member of staff has had their employment transferred. They also plan to make minimal changes and avoid disruptions for colleagues and the children and families they serve together.

 

“We worked hand-in-hand with the legal team representing Fegans to ensure there was a smooth transfer of assets while protecting Spurgeons against any potential liabilities.”
Laura Mynott, associate, Anthony Collins, Solicitors

Our support for Stewardship’s charity services helps them focus on good work rather than paperwork.

When you’re a charity, every penny you save counts towards helping those you serve. Resources are often stretched managing administrative work. The very act of registering as a charity can be an expensive business.

Stewardship supports Christian charities with their finances, funding and administration. They’re effectively a back office for their partners and help them prioritise funding where it’s needed most.

A wide range of support

Anthony Collins Solicitors (ACS) have partnered with Stewardship to help them offer a range of support including webinar training for trustees, free legal advice for members of Stewardship’s consultancy helpline and a cost-effective route to registration.

“Charity registration is a particularly complex legal process. The work we do with ACS gives our clients peace of mind as they know they’ve had professional help every step of the way. They know when their charity is formed that it’s the right type and the constitution allows them to do everything they want to do.”

Jackie Fletcher, head of treasurer services at Stewardship

The registration package, which includes a governing document that reflects their Christian foundation, helps start-up charities get going and more traditional charities to modernise. What, for non-lawyers in small charities, is a daunting, resource-draining task, we’ve turned into a highly professional service that represents incredibly good value. Stewardship help by liaising with clients in the initial stages and collating the paperwork and we apply the legal oversight.

Creating over 40 charities each year

Each year, together we enable around 40 – 50 new charities to register with the Charity Commission (who’ve told us that our volume of registrations makes us one of the top organisations in the country for new registrations!). Since we started working with Stewardship in 2011, we’ve helped register over 500 new charities.

As part of the registration package, we draft a constitution that is relevant to Christian charities. One of the issues with the constitution offered by the Charity Commission is that it doesn’t reference spiritual leadership. For faith charities this is an enormously important aspect of their existence. Without the right constitution, they are left with a structure that does not accurately reflect how they operate and can expose their trustees to risks and potential liability.

A modern, effective structure

Edwina Turner specialises in governance and structure advice for charities at ACS. She helps charities develop a modern, effective structure which allows them to grow and offers greater protection from liability – making it easier to recruit new trustees in the future.

She says;

“My job is to create a skeleton no one notices: a structure that empowers them to operate and reflects their terminology and way of operating rather than getting in the way. Because it’s bespoke and reflects their needs and spiritual leadership, the right structure means they’re protected and can get on with the work they do.”

Edwina Turner, legal director at ACS

In addition to the registration package, we provide a monthly trustee training webinar. One of the more positive stories from the recent year has been moving this online as this has boosted numbers and we now have 50 attendees every month!

“When we went into lockdown, the charity sector stepped up and tried to meet the needs they saw. As a result of the charities being well-formed, with a good constitution drafted by Anthony Collins Solicitors, they could broaden the scope of what they do. They’ve been able to set up hardship funds, combat loneliness and contribute to foodbanks.”

Jackie Fletcher, head of treasurer services at Stewardship

To be a charity, the organisation must exist for the public benefit. In other words, it must improve the lives of individuals, communities or society. Each charity we help come into being, fulfils our mission as an organisation and so in helping to establish these organisations with good foundations we are extending our own social impact.

Mind have been a client for several years, but this was their biggest ever fundraising contract to date.

Corporate partnerships for charities like Mind are extremely valuable both in raising money and awareness. In this case, being chosen as Co-op’s charity partner will result in £6 million of fundraising over the next three years. Mind, along with their partners Scottish Association for Mental Health (SAMH) and Inspire in Northern Ireland will benefit from the partnership which aims to bring communities together to support mental wellbeing.

Working in partnership with Co-op is Mind’s biggest ever corporate relationship. Our role was to make sure the legal process between the two cemented their joint commitment to a collaborative partnership into a contract that both parties were happy with.

This is the latest in a series of successful corporate partnerships for Mind. Last year, they were supported by McVitie’s biscuits who ran a high profile ‘Let’s Talk’ campaign to raise money for their Time to Change hubs and champions. Having the support of high-profile corporates and brands has helped raise Mind’s profile to becoming a household name.

From charity buckets to community support

Co-op colleagues have thrown themselves into fundraising for the partnership with bake sales, fancy dress challenges, taking part in running events and much more. The money being raised will fund the delivery of vital community services to support people’s mental wellbeing, and to help them cope with the ups and downs of life.

Senior associate, Natalie Barbosa, who specialises in advising charities on fundraising regulation, says;

“I see myself as stepping in for the client and supporting Mind in their work, the same way I would if I actually worked for Mind. If I know Mind has security when setting up contracts with their partners, then I know they’ll be able to spend the money raised with confidence. Even while you’re drafting the contract, you’re aware that the work is destined to help those most in need.”

Natalie Barbosa, senior associate at ACS