I am currently putting together a Memorandum of Understanding (MoU) for consideration between the Datchet Recreation Centre Charity Trust (DRCCT) and the Datchet Parish Council (DPC) in the hope of not only breaking the current deadlock but also permanently resolving the issues. In particular I need to say loudly and clearly that charity assets cannot be used to provide private benefit to individuals or organisations
The first few paragraphs of the MoU highlight a number of difficult areas for DPC Chair and Clerk as follows:
The Parties acknowledge and agree that:
- The parties wish to establish a framework for constructive cooperation while maintaining their respective independence and meeting their separate legal obligations.
- The Council and the Charity are separate legal entities with distinct purposes, governance structures, and legal obligations
- Each Party has independent decision-making authority within its own sphere
- Neither Party has authority to bind or control the other
- The Charity Trustees have overriding fiduciary duties under charity law
- Charity assets must be applied solely for charitable purposes as set out in the Charity’s governing document
- Charity assets cannot be used to provide private benefit to individuals or organisations
- The Charity Commission is the regulator of the Charity
- Nothing in this Memorandum shall require the Charity Trustees to act in breach of their legal duties
The Charity Commission has investigated – and has taken action to reinstate the previously agreed Trustees.
I repeat this message – charity assets cannot be used to provide private benefit to individuals or organisations
Today the DPC Chair and Clerk show no inclination to even consider these matters – but I will persevere.
Ewan Larcombe DRCCT Chair