ROYAL VOLUNTARY SERVICE

ESTABLISHING A COMMUNITY GROUP SAFELY AND LEGALLY

REBECCA KENNELLY – DIRECTOR OF SOCIAL ACTION

Don’t get bogged down! Start easy

Before deciding what type of group you want to be imagine your future and what you aspire your group to be. However, don’t sink in the process! Many groups change their structure as they evolve

There are many types of legal structure that move from informal to very formal structures. Fact sheets listed on the website detailed in the final slide will help you understand which structure is right for you to start with.

What is are ‘Not for Profit Organisations’:

A few examples

TYPES OF GROUP STRUCTURE

Charitable OrganisationsUnincorporated AssociationsCharitable TrustsCommunity Interest OrganisationsCharitable Companies

Social EnterprisesCommunity Interest CompaniesCooperativesCommunity Benefit Society

Being Safe and Legal = compliance

There are numerous pieces of legislation that apply to community groups which you need to be aware of when starting a community group. From requiring consent to take pictures, from having a music licence when playing music, from complying with food safety laws when preparing cooked food. There is what often feels like a ‘sea’ of bureaucracy to swim through!

However there are many handbooks, website, factsheets that will help you navigate your way through compliance requirements to ensure you are established safely and legally

Safely for you, your volunteers and your participants

If you find yourself drowning in the paperwork, step back, ask advice from your community networks, your local CVS, us or visit a local Shed, Community Group or charity local to you that has established recently!

Most importantly just get on and do it!

COMPLIANCE IN THE COMMUNITY

Health and Safety

When you run a community group, you have a legal duty to look after your own health and safety, and that of people around you, such as volunteers, participants and general public. It is about working together as a group to make sure you have done everything you can to prevent avoidable accidents and protect people from harm.

There is formal legislation that sets out health and safety requirements in law is the Health and Safety at Work etc Act 1974.

This governs legal health and safety requirements for any organisation including your community group that uses any paid workers, volunteers or controls any premises. It contains specific requirements aimed at protecting people who are doing paid work or volunteering.

Your group will be subject to the requirements of the Act, and failing to meet them could be a criminal offence. The Health and Safety Executive also “strongly recommend” that organisations make sure their volunteers are protected in the same ways as any employee.www.hse.gov.uk

COMPLIANCE IN THE COMMUNITY

Health and Safety

When running community groups its important we provide, “as far as is reasonably practicable”:

• safe equipment; For example you run a coffee morning. You may check the spout for the hot water to check it doesn’t

• safe substances; For example CoSHH safe storage of toxic substances• necessary information, instruction, supervision and training;Fo example ensuring

volunteers using gardening equipment are shown the manual and trained to use • a safe workplace (inclusive of volunteer workspace); For example if you are delivering

a street party and there is a hole in the road, barrier it off to ensure no one trips or falls over it

• a safe environment for volunteers, participants and the general public;

It is really important we assess the risks of our community activity and note those within a written document. The HSE website have many template risk assessments that are very useful as templates. www.hse.gov.uk

COMPLIANCE IN THE COMMUNITY

Safeguarding

What does safeguarding mean?

As community groups it is our duty to ensure that children or young people, and vulnerable adults or adults at risk of harm, should never experience abuse of any kind.

Safeguarding helps us

Protect children and young people and vulnerable adults or adults at risk of harm who engage with our community activities.

Provide employees and volunteers with the overarching principles that guide the approach to safeguarding

Disclosing and reporting abuse

Your role as a community group working with children or vulnerable adults is to be alert to signs or patterns of abuse and raise any suspicions. The easiest way to do this is with your local Adult safeguarding board OR your Children's and Young People Safeguarding Board

COMPLIANCE IN THE COMMUNITY

Criminal Record Checks

This is the process government has established for providing information to employers and organisations about whether an individual is suitable for particular types of work. The check type depends on whether you live in England or Wales, Scotland or Northern Ireland.

Disclosure and Barring Service (DBS) / Protection of Vulnerable Groups (PVG) Access NI (northern Ireland)

You must provide checks on employee or volunteer roles that deliver to either children or vulnerable adults/adults at risk. There are certain conditions on activities so its really important you visit the relevant website to understand whether your volunteer roles require criminal records checks:

www.gov.uk/dbs

www.justice-ni.gov.uk

www.mygov.scot/pvg-scheme

COMPLIANCE IN THE COMMUNITY

Data Protection and Confidential Information

When we delivery our activities we want to be sure everyone's personal data stays confidential. An example of personal , names, addresses telephone numbers and email addresses

It is very important to minimise the risk of inappropriate use or disclosure of personal information.

Like everyone who uses or collects data, we have to follow strict rules to comply with the Data Protection Act 1998.

The key principles are to make sure you dispose of confidential information safely and all personal information is kept securely, and to treat other people's personal information in the same way you would want yours handled.

Maintain confidentiality, not disclosing information about beneficiaries/participants to those outside your group, or those who do not need to know.

Be wary of potential risks. For example, don’t leave a names and address book out in a community venue.

COMPLIANCE IN THE COMMUNITY

Equality and Diversity

It is important to think about equality and diversity in our community work because some individuals, groups and communities are more likely to face discrimination, harassment and exclusion in society.

Community groups can ignore or discriminate against particular disadvantaged groups unintentionally, without realising this is what is happening.

Thinking about what you can do about this will help you create an environment which is as safe and inclusive as possible for anyone who would like to join and participate in your group

We should promote the positive benefits of our community groups for everyone, regardless of their race or culture, age, ability, sexual orientation, gender or status.

Discrimination is unlawful when it takes place with one of the following groups (the ‘protected characteristics’):

Age, Disability, Gender & re-assignment, Marriage and Civil partnership, Pregnancy and Maternity, Race (including ethnic origin, colour, nationality and national origin) Religion of belief (including philosophical belief), Sex, Sexual orientation.

COMPLIANCE IN THE COMMUNITY

Activity specific

There are so many more activity specific compliance areas. Please ensure you review what additional compliance levels exist for your groups activities.

Things to consider:

• Food health and hygiene

• Employment law

• Event specific compliance

• Permission and consent

• High Risk

‘ie sheds’ and ‘cold cooked food preparation’

COMPLIANCE IN THE COMMUNITY

Insurance

It is essential when delivering a community group that you get Public Liability Insurance

Public Liability Insurance When you organise an activity or event for your community group you have ‘public liability’. This means that your group, and you as volunteers running this groups, could be responsible if any of the following things happen to a member of the public at your event:• injury• damage to their property• loss of their propertyThe term ‘public’ applies to employee, volunteers, members, participants and anyone else attending your events and activities.

If any of the above happen to someone at one of your events/activities, and they think it was caused by the negligence of your group (or a member or volunteer of your group) they could make a claim against your group, asking you to pay an amount of money to them. Insurance protects you!

COMPLIANCE IN THE COMMUNITY

QUESTIONS

“ Voluntary Service cannot be classified or put away in the right shaped box and tied down with a lid! It resists red

tape and has a ethos entirely of its own”

Lady Reading, founder of Royal Voluntary Service

TYPES OF ACTIVITIES YOU CAN DO

Margaret Mead

“Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has”

Margaret Mead – Anthropologist

1. Find friends – other volunteer organisers willing to help establish and run the group

2. Create your group

3. Sort bank accounts

4. Sort insurance

5. Sort the paperwork

6. Marketing

7. Delivery!

ESTABLISHING YOUR GROUP

In groups

Discuss your idea

CREATE YOUR START-UP PLAN

https://www.youtube.com/watch?v=zRoloZoLYts

THE FILM OF PEOPLE WHO HAVE!

QUESTIONS

- Help along the way with telephone, e-mail or 121 guidance and support, including a workbook which takes you through every step to starting your group

- The opportunity to sit within RVS as a ‘branch’ volunteer led group

- Provision of free access to the Run a Club website

- Paperwork for your group to be safe and legal

- Seed funding up to £250

- Provision of a community fundraising guide

- Help with promoting your club in your community

WHAT HELP WILL RVS GIVE YOU

Wales Voluntary Action - www.wcva.org.uk

Northern Ireland Council for Voluntary Action - www.nicva.org

Voluntary Action Scotland - www.vascotland.org

National Association for Voluntary and Community Action - www.navca.org.uk

• The above 4 have a lot of information on governance, training, policy and procedure development but some also have links to help you find your local Council for voluntary Service ie Leeds Voluntary Action

Royal Voluntary Service if a part of your community group supports over 50 volunteers or participants and is in Britain.

Community Foundations for local grant income - www.ukcommunityfoundations.org

Others very helpful website with templates and factsheets

RunAClub www.runaclub.com or Resource centre www.resourcecentre.org.uk

OTHER CHARITIES WHO CAN HELP