Governance and managing our project Here's good advice for practice: go into partnership with nature; she does more than half the work and asks none of the fee. Martin H. Fischer (1879 - 1962) scientist Changing the environment and managing habitat is fun - but we recognise our responsibilities as a community group and local charity. On this page Woodland Ways offer a range of occasional articles and information on the governance of charitable organisations and information and links about volunteering for environmental projects. Designed to share our experiences, promote debate amongst our management committee and encourage others to become involved in our community led project. As we learn and grow - so will the links on this page. Thank you visiting our site - we hope that you find it useful. Coming Soon: We will use this page to provide copies of our governing documents and records of our business meetings. You can always see the work of our volunteers in the landscape on the Woodland Ways new page. Some useful links for governance issues: Physical Risks Health and Safety Executive Our work parties and meeting places are assessed to make sure all our volnteers are safe. Here are some key workplace themes from the Executive, best practical advice for undertaking work, with forms and process clearly explained.   Principles of Risk assessment 5 steps to risk assessment Examples of what a practical risk assessment might look like. Organisational and governance risk Charity business risk is about more than the physical activity we undertake. Here are links to sites of interest. Charity Commission NCVO ACEVO VolResource Charitygovernance.co.uk (Membership organisation) We are currently debating the following issues as trustees of Woodland Ways... Charities, trustees and risk: We are  currently working through a programme of understanding the need for a risk policy, determining wider risks in our work and seeking to minimise them, safeguarding the welfare of all our volunteers. It is a process that will see our policies and practices evolve over time. We offer it as an example of our striving to be a reflective and responsible community organisation delivering environmental change. 1. How to mitigate the risk in the first place: Consideration of risk is an issue that is interwoven into all our activity -  from governance, environmental service delivery and  management of our work parties. a. Trustees and management committees should establish a risk policy framework for their organisation. b. In this, trustees can formally recognise their responsibilities, and do all they can to lessen risks as part of their normal governance procedures. c. Trustees and management committees can undertake regular and well-recorded risk assessments of any activities or business their charity undertakes. (H&S records, audits and committee meetings records). d. Where the trustees feel they cannot bear the risk – then insurance provision can be established to cover the risks identified. 2. Creating a Risk Policy 1. Assess the potential risks you face. 2. Note and take action to minimise the risks. 3. Nominate someone to co-ordinate risk assessment. 4. Assess the risks regularly. 5. Integrate risk assessment and awareness into training. 6. Feature risk and good governance in communication and marketing. Trustees have a duty of care to manage risk in  five areas… a. Governance and Management b. Operational Risk c. Financial Risk d. Environmental and External Risk e. Law and Regulation Compliance Benefits to the organisation. This will help trustees to plan better, to feel more confident and involved and be able to deliver the organisational aims more effectively. Trustees need to be able to satisfy themselves that… 1. they have acknowledged their responsibility 2. they have taken an overview of the risks to the organisation 3. they can evidence that an assessment/action plan has been created 4. they can evidence that practical control and communication is in place. 3. How to assess risk: Formal risk management should be…     1. Proportionate – steps taken should be in proportion to the risk assessed. 2. Accountable All those affected should be consulted, and you should be able to clearly explain how and why decisions have been made. 3. Consistent  Policy should be developed and implemented on a consistent basis. 4. Transparent Policy should be open and user friendly. 5. Targeted Measures should focus on the problem. 4. Typical insurance cover sought by similar charities: a. Employers liability  Necessary if there is an employer/employee relationship at the heart of the work. Current Charity Commission advice asks trustees to see volunteers as employees for risk purposes – involving assessment and training for work - just as an employee. b. Public liability – cover to mitigate damage or loss to the organisation itself. c. Personal accident cover. d. Gardening or DIY cover – appropriate for some outdoor/maintenance style activities. e. Contents insurance – protection of organisation assets. Other insurance available: 1. Trustee Indemnity Insurance This type of policy provides cover to appointed trustees, rather than directors, against the risk of personal liability arising from any breach of trust. Note: This personal benefit to trustees must be mandated in the Memorandum & Articles or approved by the Charity Commission. 2. Professional Indemnity Insurance Protects against any financial loss to clients arising from negligence. Trustees can take out such personal cover, independently. 3. Directors and Officers Insurance Covers claims against your organisation’s directors or other officers individually. Those with management responsibility, including committee members, may be held personally responsible for lack of care in execution of their duty. 4. Fidelity Insurance Designed to protect the charity from the losses arising from the negligence of trustees and/or employees. This policy can come bundled with trustee personal indemnity – if it does the caveat in (1) above applies. Other issues for Trustee consideration… Vicarious Liability: ‘The general rule is that charity trustees will be responsible for… …conduct which though neither authorised or ratified takes place in the course of a business which they conduct and where there is a close connection between the conduct and what the wrongdoer was employed to do'. This is vicarious liability.  Adequate and properly recorded risk assessment, training and work/volunteer supervision are the frontline mitigation of this risk. Memebers of committees should debate all the issues around risk widely. They can sometimes be uncomfortable, but from the process will emerge a set of policies and practice that will keep your volunteers safe, your organisation sound and the good work continuing. Some suggested general Recommendations: 1. Appoint a risk committee or have Risk Management as a standing agenda item 2. Be always realistic and pragmatic in approaches to risk. 3. Debate fully and frankly amongst trustees the position of the organisation in light of the perceived risks. 4. Keep accurate and up to date records of all risk management. Share them. 5. Balance risk and exposure gaps by updating or taking out additional insurance policies – within the context of Charity Commission constraints. 6. Review all these policies regularly. Some brief key sources that you might find useful... 1. A Risk Tool-kit from Volunteering England: available see above, or on www.woodlandways.org.uk/downloads 2. Charities & Insurance – Charity Commission Document CC49. 3. Charities & Risk Management – Charity Commission 2006 4. Vicarious Liability of Charity or Its Trustees – Charity Commission 2006 5. Assoc. British Insurers – Advice to Voluntary Sector 2005 This brief overview was compiled by the SmithMartin Partnership LLP  for Woodland Ways. If you would like to join Woodland Ways our membership form is available here. Free copy here Governance Links Sites where trustees and committee members of local organisations can find detailed advice and information. Click to see... NCVO Legal information A sub-page at the governance hub. What legislation affects our activities? Good Governance A Code for the Voluntary and Community Sector Produced by ACEVO  June 2005 Available here. Data Protection and Charities Charities must comply with the Data Protection Act 1998.  Electronic records and nominated Data Controller advice from the Charity Commission. How to Take Care of Risk in Volunteering A useful document available here (Pdf file) Produced for Volunteering England by Katherine Gaskin. Thinking about funding? You can find how to develop a funding strategy here. (Pdf file) Developed by the Luton & Dunstable Partnership. Voluntary Sector Business Planning? Find a planning model available here. (Pdf file) Developed by the Luton & Dunstable Partnership.