Memorandum from Guy's and St Thomas' Charitable
Foundation (DCH 154)
BACKGROUND
1. The Guy's and St Thomas' Charitable Foundation
manages a significant endowment and raises funds to support the
NHS especially in Lambeth and Southwark. The charity was set up
on the 4 February 2000 under section 11 of the NHS and Community
Care Act 1990. The Secretary of State for Health transferred the
trust property from the previous Special Trustees of Guy's Hospital
and St Thomas' Hospital to form a single charity registered with
the Charity Commission (registration number 251983). The Trustees
have the power to accept, hold and administer any property or
trust for the general or specific purposes of Guy's and St Thomas'
NHS Trust or for all or any purposes relating to the health service.
The six Trustees are appointed by the NHS Appointments Commission.
2. The Charitable Foundation has assets
of circa £360 million. The Foundation is managing a major
£10 million fundraising appeal to assist in equipping the
Evelina Children's Hospital at St Thomas' Hospital alongside other
fundraising activities.
INTRODUCTION
3. The Charitable Foundation welcomes the
introduction of a Charities Bill and supports the need for greater
transparency, openness and impartiality in the management of all
charities. The Foundation's evidence covers the revised role and
powers of the Charity Commission and transparency and accountability.
ROLE AND
POWER OF
THE CHARITY
COMMISSION
4. The Foundation fully supports the proposed
regulatory objectives for the Charity Commission to enable the
public to have increased confidence in the work of the charity
sector. The Foundation wishes to see the same standard of regulation
that is proportionate to the size of the charity. There should
not be a distinction between grant making and non grant making
charities. The Foundation manages a significant endowment as well
as raising new funds through public appeals. It is essential that
the public have confidence in the fundraising activities of grant
making trusts. They must be regulated in the same way as fundraising
charities. The Foundation doesn't wish to see different "light
touch" regulation for grant making charities.
5. The Commission should be adequately resourced
to undertake its regulatory role. The Foundation does not believe
it is appropriate for the Commission to have a "mixed"
regulatory and advisory role. The Foundation believes that the
advisory role should be undertaken by an arms length organisation.
The Commission should be focused on regulation. The Foundation
supports the introduction of an Independent Tribunal to consider
appeals against the Commissions regulatory decisions.
6. The Foundation supports the Commissions
role in encouraging mergers of appropriate charities. In its regulatory
role, the Commission should consider the number of different types
of Trusteeship within NHS charities. Currently 19 of the 44 largest
NHS charities are governed by corporate trustees who are also
non executive directors of NHS Trusts. It is recognised that there
are a range of views about this matter within the NHS related
charities but the Foundation believes that in terms of transparency
and openness it is important that Trustees of charitable funds
are seen to be independent. A review of these arrangements may
lend itself to a review and merger of the number of NHS charities.
TRANSPARENCY AND
ACCOUNTABILITY
7. Although not requiring legislation the
Foundation supports the preparation of standard information which
highlights the achievements of charities for the public benefit.
The Foundation (as the largest NHS related charity) would welcome
the opportunity of piloting the draft standard information return.
The Foundation supports an open method of Trustee recruitment
based on best practice which should be described in the annual
report to guard against institutional discrimination.
June 2004
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