DCH 154 The Guy's and St Thomas' Charitable
Foundation
The Guy's and St Thomas' Charitable Foundation's
submission to the Joint Parliamentary Committee on the draft Charities
Bill (May 2004)
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
£360m. The Foundation is managing a major £10m 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.
Guy's and St Thomas' Charitable Foundation
17 June 2004
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