KILBRANDON CHILDREN’S FUND (EDINBURGH)
GOVERNING DOCUMENT
This document governs the membership and conduct of the Committee of the Kilbrandon Children’s Fund (Edinburgh) and was adopted by the Committee in October 2022
1 General
1.1 Definitions
Clear Day means any day other than a Saturday, Sunday, the day on which any notice of a Meeting is made known to Members and/or the date of that Meeting.
Committee means the aggregate of those Members subscribing to this document and any successor or additional Member from time to time.
Fund means the Kilbrandon Children’s Fund (Edinburgh).
Meeting means a meeting of the Committee from time to time at which business of the Fund is transacted provided that a quorum is present and will include the annual general Meeting.
Member means a member of the Committee.
OSCR means the Office of the Scottish Charity Regulator.
Panel means the Edinburgh Children’s Panel.
Writing means a recordable means of communication, including e-mail.
1.2 Any reference to the singular, context permitting, will import the plural. No inference is made as to gender or other orientation.
2 Objective
To enhance the wellbeing of children and young people in cases which are referred from the Panel to the Fund by providing monetary assistance for the purchase of items or experience that would benefit the child’s development and welfare.
3 Powers
In pursuance of the Objective (but not otherwise) the Fund will assume the following powers, subject always to clause 4.6:
(a) to identify the material needs of families referred to the Panel for which statutory funding is
unavailable and where their provision would benefit children, directly or indirectly;
(b) to distribute funds prudently and equitably to meet such identified needs;
(c) to raise funds by private and public appeal for redistribution in pursuit of the Objective; and
(d) to engage such consultants, advisers and auditors as are considered appropriate from time to time.
4 Exercise of powers
4.1 Funds will be deposited on the most favourable terms available.
4.2 Accounts will be prepared annually, presented to the Committee at an annual general Meeting and submitted, if required by them, to OSCR.
4.3 Accounts will be audited annually by an independent auditor appointed by the Committee.
4.4 Cheques or other authorisation for disbursement of funds will be signed or otherwise authorised by the Administrator/ Treasurer and 1 other Member and in accordance with arrangements agreed with the Fund’s bankers.
4.5 Payment of expenses incurred in administration of the Fund or for the purposes of raising funds will be authorised by the Administrator/Treasurer and 1 other Member.
4.6 The Committee and Members will, in any event:
(a) act solely in accordance with the Objective and with the care and diligence to be expected of a
person interested in the affairs of a child referred to the Panel;
(b) where any possibility of a conflict of interest may arise, disclose that possibility to the Committee
and not vote in any discussion of further action on that matter; and
(c) at all times, ensure that their conduct complies with any direction, requirement, notice or duty
imposed on them by the Charities and Trustee Investment (Scotland) Act, 2005 or any replacement
or amending legislation.
5 Granting funds and administration
5.1 Funds will be granted only following acceptance by the Committee of an application in the form as set out in Annex 1.
5.2 Funds will only be made available if:
(a) sufficient funds are available to meet the amount requested;
(b) the amount does not exceed the maximum sum agreed from time to time by the Committee at its
annual general Meeting; and
(c) no grant for similar purposes has been paid to that recipient.
5.3 When a grant is approved payment will be made by cheque or other form of transfer to the local Children and Families establishment of the Social Work Department of City of Edinburgh Council for redistribution to the recipient in a suitable form.
5.4 Grants will be made unconditionally and will not be subject to any contract for repayment.
5.5 These administrative arrangements will be reviewed at least annually by the Committee and amendments made as appropriate.
6 Structure
6.1 The Committee will consist of a minimum of 7 Members.
6.2 The Committee will elect one of their number to act as Chair. That person will, if present and subject to clauses 13.4 and 13.5, act as Chair for any Meeting.
7 Administrator/Treasurer
The Committee will select a person, not being a Member, to serve as Administrator/Treasurer.
8 Qualifications for Membership of the Committee
Membership will be open to any serving Panel member.
9 Applications for Membership
9.1 Any person wishing to apply for Membership must make a written application to the Fund.
9. 2 The Committee will consider any such application at the first available Meeting after it is received and may, in their discretion, accept or refuse the application. The Committee will advise the applicant of its decision as soon as reasonably practicable thereafter.
9.3 The Committee may, at any time, offer Membership to any eligible person.
10 Membership subscription
No membership subscription will be payable.
11 Register of Members
The Committee will maintain a register of Members containing the full name and address of each Member, the date of their admission to Membership and the date on which any person ceased to be a Member.
12 Withdrawal from Membership
12.1 Any Member wishing to withdraw from Membership will lodge a written notice with the Administrator/Treasurer to that effect, on receipt of which by the Administrator/Treasurer that person will cease to be a Member.
12.2 Any Member who becomes unable to fulfil the obligations of Membership or whose position becomes untenable for any reason will withdraw as set out in clause 12.1.
13 Meetings, notice of Meetings, conduct of Meetings and proxies
13.1 For any Meeting, a quorum will consist of 5 Members.
13.2 A Member may at any time request that the Administrator/Treasurer convene a Meeting, following which the Administrator/Treasurer will give Members at least 5 Clear Days’ notice of the Meeting and will advise of its time and location.
13.3 Notwithstanding clause 13.2 Members may deem any meeting a Meeting provided that a quorum is present.
13.4 If the person elected as Chair has ceased to be a Member or if that person is not present within 15 minutes after the time when a Meeting of which notice has been given is due to commence the Members present may choose one of their number to act as Chair.
13.5 If a quorum is not present within 15 minutes after the time when a Meeting is due to commence or if, during a Meeting, a quorum ceases to be present, the Meeting will stand adjourned to such time and place as may be fixed by the Chair.
13.5 All Members present will have 1 vote at each Meeting.
13.6 At any Meeting, the Chair will have a casting vote.
13.7 The Administrator/Treasurer will be entitled to attend Meetings but will not count towards a quorum and will not have a vote.
13.8 On receipt of notice of a Meeting from the Administrator/Treasurer a Member may, by notice of proxy in writing to the Administrator/Treasurer, either:
(a) instruct the Administrator/Treasurer as to how that Member’s vote should be cast; or
(b) advise that Administrator/Treasurer that the casting of that Member’s vote should be at the
discretion of the Chair.
15 Annual general Meeting: calling, content and procedure
15.1 At least once in each year the Committee will convene an annual general Meeting. The Administrator/Treasurer will give Members at least 14 Clear Days’ notice of such meeting and will advise of its time and location.
15.2 The business of the annual general Meeting will include:
(a) a report by the Chair on the activities of the Fund; and
(b) consideration of the financial affairs of the Fund.
16 Dissolution
16.1 The Fund will be wound up if:
(a) its purpose no longer exists; or
(b) it becomes practically insolvent;
(c) the Committee so resolves; or
(d) clause 16.2 applies.
16.2 If the number of Members falls below the number required by clause 6.1 as constituting the Committee, the Fund will remain in operation for a period of 3 months from that date. If at the end of that period the requisite number to form the Committee has not been reached, the Fund will be wound up.
16.3 In the event of dissolution, any funds or other assets remaining after settlement of any debts or liabilities will not be paid to or distributed among the Members but will be transferred to another organisation in Edinburgh recognized by OSCR and having objectives similar to those of the Fund.
17 Data protection
17.1 The Fund will at all times comply with the General Data Protection Regulation (2016/679) and/or any replacement or amending legislation.
17.2 In particular, and in relation to any application for assistance, the Fund will take no action until a data protection consent in the form required by legislation then in force has been completed by the parent or legal guardian of the child and delivered to the Administrator/Treasurer, giving the Fund consent to holding the personal details of that child for up to 1 year for the purposes of making a grant and of auditing and accounting.
ANNEX 1
This Annex may be used in response to enquiries for grant assistance.
APPLICATION FOR GRANT TO THE KILBRANDON CHILDREN’S FUND (EDINBURGH)
1 Application
1.1 An application for grant may be made by Chidren's Panel Members, Social Worker's and School's, or any other professional's involved in the child's life
1.2 The application should be made to the Administrator/Treasurer of the Fund by e-mail, by telephone or by using the Fund’s form.
2 Criteria for application.
In making an application, Panel Members and Professionals should satisfy themselves that:
(a) granting the funds will bring some benefit to the child;
(b) there are no funds available elsewhere for the same purpose;
(c) the grant will not be awarded for anything which should be funded from other sources such as the
school or Social Work Department;
(d) the funds will be used for the purpose intended;
(e) the child or young person concerned is currently within the Hearing system, or has been in the Hearing system within the last 12 months
or other Order;
(f) the grant will be for items or experiences that are likely to enhance the wellbeing of the child; and
(g) any grant will be administered by the social worker or other approved agency and will not be sent
directly to the family.
3 Timing
The Kilbrandon Children’s Fund (Edinburgh) will consider applications for grants made up to one month after a CSO has expired.
4 Data protection
In order to comply with the General Data Protection Regulation (2016/679) and/or any replacement or amending legislation, in relation to any application for assistance the Kilbrandon Children’s Fund (Edinburgh) will take no action until a data protection consent in the form required by legislation then in force has been completed by the parent or legal guardian of the child and delivered to the Fund’s Administrator/Treasurer, giving the Fund consent to holding the personal details of that child for up to one year for the purposes of making a grant and of auditing and accounting.