Parish Council and Management Trustee

Question

Our Village Hall management committee is formed of 7 elected members and 11 representatives of user groups, including the Parish Council. All committee members are Managing Trustees of the Charity as per our Foundation document. The PC representative refuses to be named as a Trustee. Who should I record as a Trustee on the Charity Commission Annual Return - the *** Parish Council or a named individual Councillor?  Thank you.

Answer 1

Anyone involved in the day-to-day administration of a charity is a trustee, whether they want to be or not. You should list the individual on the Charity Commission return. If the individual does not wish to be a trustee, the parish council should appoint a replacement.

Answer 2

It would appear that the village hall has in its founding document that the committee has representatives of different community groups on its management committee ( pretty standard structure for a charity). As stated by Dave all trustees are named and their details ( including who they represent from the community) in the annual return of the charity. If a councillor does not want to be named then surely the PC should present someone else to serve?

Answer 3

I would agree with the comments that the individual is a trustee and should be described as one.  Their appointment should have been minuted, so no matter what they want to be called, they are a trustee.  They can resign of course.  I am not sure if the council is then under a duty to provide a replacement.  I note that some clerks dissuade councillors from becoming charity trustees, on the basis that the council may, but is not required to, appoint such trustees (and no councilllors may want to be trustees, and you have to willingly accept the 'gift').   The declaration of interest is also an issue which weights on trustees.