Case Studies - How we can help

Below are some examples of how we've helped our Members. If you would like any support or advice or are interested in becoming a Community Facilities Member, please contact our Community Facilities Adviser:  [email protected].  You can find further information about our Community Facilities Membership Scheme here.

Case Study 1 – Community Hub

What was the issue?

A parish council contacted us in 2017 to explore options for improving village facilities, in particular an ageing village hall, by creating a community hub.  Initially, the plan was to build a new hall on a new site which would provide sports facilities.

How did Northamptonshire ACRE help?

We suggested they form a working group to consult the community and explore options.  Following a period of consultation and investigations, the working group decided to build a brand new community hub on the existing village hall site and some adjacent land.  We provided guidance on governance and how to structure a new build project involving up to three separate organisations.  As the village hall charity will have to embark on major building works, we suggested they consider becoming a Charitable Incorporated Organisation (CIO). 

What was the outcome?

The community hub will be owned by the village hall charity and will “host” the community shop.  The charity has decided to incorporate and we have provided guidance about becoming a CIO.  The project now has planning permission.

Case Study 2 – New Community and Recreational Facility

What was the issue?

In 2016 a village hall committee approached us for help about a possible project to build a new community building in collaboration with another village organisation. The existing village hall was ageing and lacked parking.  The committee was undecided about whether to carry out a complete refurbishment of the existing building, build a new building on the existing site or build a new building on a new site which had been gifted for the sole purpose of building a community facility.

How did Northamptonshire ACRE help?

We advised the committee to consult the community about the options in order to form a consensus.  We also helped them consider how best to collaborate with the other village organisation.  As the new village hall charity will have to embark on major building works we suggested they consider becoming a Charitable Incorporated Organisation (CIO).  In addition, we’ve provided guidance to ensure the trustees act in accordance with their governing document and charity law (including giving a s.121 notice) when disposing of charity land.

What was the outcome?

A decision was made by the village to accept the gifted land and build a new community building for use by all organisations in the village.  The new CIO was set up  to oversee the planning, building and running of the new building, leaving the existing village hall committee to run the current village hall until the new one is complete.  Plans were drawn up, accepted by the village residents and planning permission was granted late in 2019.  Unfortunately, the project has been delayed by Covid-19.

Case Study 3 – Governing Document

What was the issue?

One of our Members contacted us for help with making substantial changes to their governing document. 

How did Northamptonshire ACRE help?

As a first step, we arranged a Zoom meeting to help them undertake a review their governing document, which was a conveyance and trust deed.  During the review, we explained that a village hall committee cannot simply replace its existing governing document with a brand new one.  The review also helped to reassure the committee that no major changes were necessary – the trust deed contained all the usual powers and provisions necessary for the effective management of the charity.  Nor was there anything in the governing document (e.g. a provision preventing the supply or sale of alcohol) which would preclude certain activities from taking place in the hall.  However, the review identified that it would be helpful to change the composition of the committee by increasing the number of elected trustees.  We explained the procedure for doing this using the power under s.280 of the Charities Act 2011. 

What was the outcome?

The committee made the change and informed the Charity Commission.  Our advice meant the committee was saved from making unnecessary changes to their governing document.

Case Study 4 - Ownership of village hall land

What was the issue?

A village hall committee contacted us for help with their lease from the parish council which was about to come to an end.  The trustees wanted advice about how to extend it. 

How did Northamptonshire ACRE help?

We checked the village hall’s governing document, from which it was clear that the land was owned by the charity and not the parish council.  The parish council was Custodian Trustee and merely held legal title so there was no need for a lease.  We explained the position to the charity trustees (and the parish council) and advised them to check the land registry entry and (if necessary) to correct it so it accurately states that the parish council holds legal title on behalf of village hall charity.

What was the outcome?

The village hall and the parish council now understand their respective roles and unnecessary legal costs were avoided.

Case Study 5 - Village Park

What was the issue?

We were approached by a parish council about a village park which for many years had been managed by a charity.  The charity had ceased functioning and the parish council, which owns the land, asked for help about winding up the charity and taking over the management of the park.

How did Northamptonshire ACRE help?

The original document conveying the land to the parish council was located amongst paperwork in Northamptonshire ACRE’s archives.  The conveyance was unclear about whether the parish council owned the land outright or held it on charitable trusts.  After making an enquiry to the Charity Commission, it was established the land is held on charitable trusts and the parish council is sole trustee.  We provided guidance to the council about its role and responsibilities as sole trustee of a charity.  We also provided guidance about the steps to be taken to dissolve a charity.

What was the outcome?

The parish council now manages the park on a charitable basis. The parish clerk has successfully arranged the dissolution of the former park charity.