Minutes of a meeting held on 19th January, 2015.
Present: Councillor F.T. Johnson (Chairman); Councillor H.C. Hamilton (Vice-Chairman); Councillor T.H. Jarvie, K.P. Mahoney, A. Parker and A.G. Powell.
799 MINUTES -
RESOLVED - T H A T the minutes of the meeting held on 22nd September, 2014 be approved as a correct record.
800 DECLARATIONS OF INTEREST -
Declarations were received from Councillors T.H. Jarvie and A. Parker. They declared a non-prejudicial interest in Agenda Item No. 4 in that they were Local Authority appointed Governors at Cowbridge Comprehensive School. Councillors Jarvie and Parker did not leave the room whilst this item was under consideration.
801 FORMER SIXTH FORM SITE - COWBRIDGE (MD) -
The Committee received a report to update it on the outcome of consultation in regard to the scheme proposed in relation to the former sixth form site at Cowbridge. The report also sought that the Committee provide a formal resolution, that the said scheme and an application to the Charity Commission for the Commission’s authorisation of the scheme be approved.
The Committee was advised that the Council had held land comprising the former sixth form site at Cowbridge School on Trust as set out in the Board of Education Scheme dated 19th December 1912. The terms of that scheme were that the land comprised in the sixth form site was to be used for the purposes of a secondary school.
Following discontinuation of use of the site for school purposes, the sole object of the 1912 scheme could no longer be fulfilled and accordingly the Trust imposed by the scheme had failed.
The Charity Commission had previously agreed to a draft scheme – set out in Appendix 1 attached to the report. In accordance with the Commission's requirements, consultation had been carried out with schools in the area, namely:- Llancarfan Primary School, Llanfair Primary School, Llangan Primary School, Llansannor Church in Wales Primary School, Pendoylan Church in Wales Primary School, Peterston-Super-Ely Church in Wales Primary School, St. Brides Major Church in Wales Primary School, St David's Church in Wales Primary School, St. Nicholas Church in Wales Primary School, Y Bont Faen Church in Wales Primary School.
The Committee was informed that there had been no substantive response to the consultation letters which were sent out on 24th July 2014.
Under the terms of the scheme, the objects of the scheme will be those of the Sir Thomas Mansel Franklen Trust. The land may be transferred to the Sir Thomas Mansel Franklen Trust or the land may be disposed of under the terms of the scheme by the Council and net proceeds paid to the Sir Thomas Mansel Franklen Trust. The terms of the Sir Thomas Mansel Franklen Trust are to apply the income of the Trust in one or both of the following ways:-
(i) in providing for the Cowbridge Comprehensive School the special benefits of any kind not normally covered by the Local Education Authority;
(ii) in promotion and education including social and physical training for the purpose of pupils who are, or were, pupils of the said school and who are in need of financial assistance.
The Committee was advised that given the failure of the objects of the 1912 scheme and the approval of the Charity Commission to the way forward proposed, it was considered that the only realistic option was as recommended.
Following the presentation of the report, a Member advised that it was their understanding that the land was to be transferred to the Sir Thomas Mansel Franklen Trust and raised other concerns in relation to the management of the Cowbridge Comprehensive School Trust since the Council relinquished its control. However, he had been informed that a separate Trust had been set up by the Sir Thomas Mansel Franklen Trust to deal with the transfer of the land.
A discussion ensued in which a concern was expressed in relation to this issue and views were expressed that that Charity Commission should be contacted in relation to the matter.
Following discussion of the report and the issue raised, the Committee
(1) T H A T the approval of the said scheme and application to the Charity Commission for authorisation of the same be deferred.
(2) T H A T the Legal Officer, in order to provide clarification with regard to the issue raised at the meeting, be authorised to contact the Charity Commission.
Reason for decisions
(1&2) In order to provide the Committee with clarification in relation to the issue.