For the public benefit: can you prove it?

1. For the public benefit: can you prove it?

2. About ACEVO

3. Charitable Uses Act 1601 (also known as the Statute of Elizabeth) • The relief of the aged, impotent and poor people; • The maintenance of sick and maimed soldiers and mariners, schools of learning, free schools and scholars in universities; • The repair of bridges, ports, havens, causeways, churches, sea-banks and highways; • The education and preferment of orphans; the relief, stock or maintenance of houses of correction; • The marriages of poor maids; • The supportation, aid and help of young tradesmen, handicraftsmen and persons decayed; • The relief or redemption of prisoners or captives; • And the aid or ease of any poor inhabitants concerning payment of fifteens, setting out of soldiers and other taxes.

4. What the 2006 Act says…‘Charitable purposes’ that are ‘for the public benefit’ • the prevention or relief of poverty; • the advancement of education; • the advancement of religion; • the advancement of health or the saving of lives; • the advancement of citizenship or community development; • the advancement of the arts, culture, heritage or science; • the advancement of amateur sport; • the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity;

5. the advancement of environmental protection or improvement; • the relief of those in need, by reason of youth, age, ill-health, disability, financial hardship or other disadvantage; • the advancement of animal welfare; • the promotion of the efficiency of the armed forces of the Crown, or of the efficiency of the police, fire and rescue services or ambulance services; • other purposes currently recognised as charitable and any new charitable purposes which are similar to another charitable purpose.

6. Public Benefit • 'Public benefit' is the legal requirement that every organisation set up for one or more charitable aims must be able to demonstrate that its aims are for the public benefit if it is to be recognised, and registered, as a charity in England and Wales.

7. Two principles Principle 1: There must be an identifiable benefit or benefits Principle 1a: It must be clear what the benefits are Principle 1b: The benefits must be related to the aims Principle 1c: Benefits must be balanced against any detriment or harm

8. Principle 2: Benefit must be to the public, or a section of the public Principle 2a: The beneficiaries must be appropriate to the aims Principle 2b: Where benefit is to a section of the public, the opportunity to benefit must not be unreasonably restricted: • by geographical or other restrictions or • by ability to pay any fees charged Principle 2c: People in poverty must not be excluded from the opportunity to benefit Principle 2d: Any private benefits must be incidental

9. Duty of Trustees Charity trustees must: • ensure that they carry out their charity's aims for the public benefit; • have regard to CC guidance on public benefit (when they exercise any powers or duties where that may be relevant); and • report on their charity's public benefit in their Trustees' Annual Report.

10. Guardian - 2009 Private schools face losing charitable status over lack of free places Four charities – two private schools and two care homes – will learn today that they have failed a "public benefit" test to justify their charitable status, after the first 12 inspections by the Charity Commission The private schools are criticised for failing to provide enough bursaries, while one of the care homes was found to be operating as a hotel rather than a residential facility for the elderly and infirm.

11. Current case • Independent Schools Council granted a judicial review of the Charity Commission’s guidance on fee charging charities • “The Independent Schools Council says the Charity Commission made an error of law by interpreting the term "public benefit" to mean that those in poverty should not be excluded, and is hoping for the condition to be removed from the guidance as a result of the case.”

12. Demonstrating your impact “The Board has reviewed the Charity Commission’s general guidance on public benefit.” Is that enough?

13. Drivers for improving board performance Challenge of Accountability • Greater role in the delivery of public services • New market structures • Greater demands from our funders and donors to demonstrate impact • More information available to the public • Continuous improvement for the organisation

14. Transparency Manifesto: 1. Our organisation demonstrates the change it is trying to bring about, how it works to bring about that change, and the progress it has made so far. 2. Our communications are transparent, accurate and written so that they can be understood by their intended audiences. 3. Our leadership champions a commitment to accountability and transparency. 4. Our organisational structure, including trustees, is easily accessible to the public, and we list key responsibilities for senior staff members.

15. 5. Our trustee report and annual accounts are prepared to statutory requirements and submitted on time. 6. Relevant information (e.g. annual report, accounts, impact report) is easily accessible ideally no more than 3 keystrokes from our website’s homepage. 7. Our organisation monitors and evaluates what it does, and shares its learning. 8. Our organisation provides mechanisms for stakeholders to help shape what it delivers. 9. Our organisation publishes an easily accessible suggestions and complaints procedure for beneficiaries and supporters.

16. Five principles • What is the problem you are trying to solve? • What are you doing to solve the problem/What are your activities/services? • How does what you do create change/What is your theory/hypothesis on this? • How are you doing against your goals/What progress have you made? How do you know this? • Evidence of learning- If you had to stop doing one thing what would that be? What has the organisation changed from the lessons it has learnt?

17. Background to the theory of change • The objective of the theory of change is to map ACEVO’s activities to its outcomes. This results in a set of outcomes that ACEVO as an organisation aims to achieve. • These outcomes form the basis of the evaluation framework – they provide a set of things that ACEVO can track progress towards. • These slides show the theory of change mapping that we did for ACEVO.

18. Theory of change overview ACEVO’s activities ACEVO’s internal and intermediate outcomes Members run more effective services for beneficiaries Members run their organisations better ACEVO improve the environment in which third sector leaders operate The third sector thrives

19. Theory of change for support work Members feel part of a peer group ACEVO’s support must be good Helplines CEOs feel supported by existence of practical and emotional support Members feel more confident and happier in running organisation Members run their organisations better Support from professionals Members have access to expertise they need Members must be aware of the existence of support CEOs receive useful emotional and practical support Emotional Support Members run more effective services for beneficiaries Mentoring Members develop skills they need as CEO CEOs receive relevant emotional and practical support Consultancy from corporate partners Members must need the support CEOs receive reliable emotional and practical support The third sector thrives CEOs receive timely emotional and practical support

20. Theory of change for peer support Learning from outside membership Members feel part of a peer group ACEVO must have an active membership Members develop their own networks Members feel more confident and happier in running organisation Conferences ACEVO events must have a good reputation for networking Members have access to expertise they need Members have sense of solidarity from talking to other CEOs Members meet people in a similar position (other CEOs & leaders) Special interest groups Members run their organisations better Members learn from other CEOs ACEVO must know the problems its members face Courses Members run more effective services for beneficiaries Members identify opportunities for partnership and collaboration Peer learning The third sector thrives

21. Theory of change for information and training CEOs understand room for improvement Lobbying CEOs to improve The third sector thrives ACEVO knows what its members need information on Conferences CEOs want to improve Courses Members run their organisations better Members feel more confident and happier in running a organisation Publications Members access information Members run more effective services for beneficiaries Members know where to find information Research Members develop skills they need as CEO Website Training Members feel more confident and happier in running a organisation Ad hoc enquiries Members feel part of a peer group Disseminating relevant information Members feel informed

22. Theory of change for press and policy work Contact with decision-makers including written briefings ACEVO improves the environment in which third sector leaders operate Members run their organisations better Policy-makers and public aware of and value third sector’s work / contribution ACEVO must know what its members want Enquiries, commissions and reports Members run more effective services beneficiaries Policy-makers and public aware of issues affecting third sector Policy is changed ACEVO must know the right people to influence & have good relationships with them Responding to consultations Helping members raise their agenda with decision-makers Policy-makers and public well informed on issues and possible solutions The third sector thrives Members feel valued and respected for work Networking ACEVO must have a good profile Policy-makers and public see the need for change Contact with influencers including written briefings ACEVO’s influence is raised ACEVO must understand policy environment & context for decision makers Press work The standing and perception of the third sector amongst decision-makers & the public is improved

23. ACEVO’s measurement plan • An annual survey of members; • Survey of non-members; • An annual survey of former members; • Case studies; • Course and conference evaluations; • Website and helpline analysis; • Press analysis; • Interviews with journalists and policy-makers; • Interviews with third sector leaders; and • Impact anecdotes.

24. Any questions