A local authority may be trustee of several separate small trust funds, eg school prize funds and grant-making funds. Several issues can arise:
- the funds may not have enough income for the purpose they were set up for
- the cost of administration may be out of proportion to the income
- they may get overlooked or forgotten
Charity law provides for some solutions for dealing with such charities. Use these questions to help you review the situation.
- Are you clear about who the trustees are? Is it the Council itself, Council members or officers nominated by the Council, or individuals that include a specific post holder (eg the Mayor)?
- Do you have an up-to-date asset list of the trust funds of which the Council is trustee?
- Is there central oversight of the management of all the Council’s trust funds?
- Do you have a copy of all the trust funds’ governing documents?
- Does each fund have clear written purposes and administrative provisions? If not, does the Council have the power to declare trusts for the charity?
- Do any of the funds need to be registered with us?
- Are any of the funds large enough that their accounts need to be submitted to us?
- Do you review regularly the trust funds’ investments?
- Are you spending money in accordance with the funds’ respective governing documents?
- Are the funds still relevant to modern circumstances?
- Are there any relevant policies relating to the making of grants? Are these followed? Do they need updating?
- Is there a formal grant application process?
- How are grant applications assessed?
- Are conditions applied to any grants made? Do they need updating?
- Are there monitoring procedures in place to ensure the grant is being spent in accordance with the grant conditions, if any?
- Have you considered consolidating and/or transferring the funds?
See also: