Agenda Item No. 4
The Vale of Glamorgan Council
Trust Committee: 17th March, 2014
Joint Report of the Head of Legal Services and the Head of Accountancy and Resource Management
Cowbridge Comprehensive School Trust
Purpose of the Report
1. To advise the Committee of the present position in relation to the intended transfer of the Cowbridge Comprehensive School Trust to the Sir Thomas Mansel Franklen Trust.
That the necessary Deed of retirement and appointment be entered into and assets transferred to the Sir Thomas Mansel Franklen Trustees.
Reasons for the Recommendations
The Council has no reason to remain as Trustee where the objects of the Trust will be better operated by other Trustees closely involved in the objects of the Cowbridge Comprehensive School Trust.
2. As reported to Trust Committee on 22nd July 2013 the Council, as Trustee of the Cowbridge Comprehensive School Trust has held the assets of the Trust under the terms of the scheme settled in 1983 by the Charity Commission.
On 22nd July 2013, the Trust Committee resolved:-
(i) That the Trustees of the Sir Thomas Mansel Franklen Trust be approached to ascertain whether they would take on the role of Trustees of the Cowbridge Comprehensive School Trust;
(ii) In light of the fact that the object of the 1983 scheme governing the Cowbridge Comprehensive School Trust and all completely fulfillable (the principal object being provision of a secondary school) that the running of the Trust be transferred to new Trustees, namely the present Trustees of the Sir Thomas Mansel Franklen Trust (subject to their agreement);
(iii) That the Council as present Trustee and the Sir Thomas Mansel Franklen Trust is entering into an appropriate form of Deed whereby the Council ceases its role as Trustee and the Sir Thomas Mansel Franklen Trust are appointed its new Trustees;
(iv) That the Head of Legal Services & the Head of Accountancy and Resource Management submit a report to the Committee as matters progress.
3. The scheme provides for the provision of a secondary school on the site of the former lower school and the application of the Charity’s income to the Sir Thomas Mansel Franklen Trust. That requires the income generated to be paid to the Trustees of the Sir Thomas Franklen Mansel Trust. The objects of that Trust are the provision of special benefits for Cowbridge Comprehensive School of a type not normally provided by the Local Education Authority and the promotion of education including the social and physical training of persons who are or were pupils at Cowbridge Comprehensive School and in need of adequate assistance.
4. Due to the sale of the lower school site the object of the scheme is no longer capable of being completely fulfilled.
5. Since the last report, the Sir Thomas Mansel Franklen Trust have agreed to the transfer to themselves, have appointed solicitors to act for them and the necessary form of Deed has been agreed; details of the Trust’s assets have been notified to the Sir Thomas Mansel Franklen Trust’s solicitors. It is envisaged that, subject to Charity Commission approval, the necessary documentation can be concluded and the necessary administrative steps to transfer investments and holdings to the new Trustees be completed.
Relevant Issues and Options
6. As indicated in the last report, it is no longer necessary for the Council to have a Trustee role. In the absence of any involvement in the running of the school and land holding and, given the Charity Commission’s approval of the principle of the Council as Trustee of the scheme and appointment in its stead of the Sir Thomas Mansel Franklen Trustees, it is considered that the best way forward is to proceed by way of retirement of the Council as Trustees and the appointment of the Trustees of the Sir Thomas Mansel Franklen Trust.
7. As indicated again in the last report in relation to the playing fields, under the terms of the 1983 scheme the Council is holding Trustee, therefore the new Trustees will be advised to vest this land in the Official Custodian of the charity under the Charities Act 2011. The official custodian will hold the legal title to the land and will not arrange for its management.
Resource Implications (Financial and Employment)
8. The Council divesting itself of its Trustee role will make a saving of officer time and resources by no longer having to administer the Trusts.
Sustainability and Climate Change Implications
9. There are no sustainability and climate change implications.
Legal Implications (to Include Human Rights Implications)
10. The Council in its capacity as Trustee is required to comply with the provisions of the Charities Act 2011, the changes referred to will need final approval by the Charity Commission which will take place with the appropriate Deeds of appointment and retirement.
Crime and Disorder Implications
11. There are no crime and disorder implications.
Equal Opportunities Implications (to include Welsh Language issues)
12. No equal opportunities implications.
13. The sole concern of the Trustees is to act in the best interests of the Trust and it is considered that the way forward advocated is in the best interests of the objects of the Trust and therefore the object of the Corporate Plan/Service Plan are not applicable.
Policy Framework and Budget
14. Not applicable.
Consultation (including Ward Member Consultation)
Relevant Scrutiny Committee
Mike Walsh, Principal Lawyer, Legal Services.
Managing Director, Group Estates Officer.
Head of Legal Services
Head of Accountancy and Resource Management.