Governance in Gloucestershire

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Frequently Asked Questions

What is a trustee?

Trustees are responsible for leading a charity, setting its strategic direction and ensuring it fulfils its purpose for the public benefit. They provide oversight, make key decisions and help ensure the charity is well run and makes the best use of its resources.

Why become a trustee?

Becoming a trustee is a meaningful way to use your skills, knowledge and experience to support causes you care about and make a positive difference in your community.

Trusteeship offers opportunities for learning, personal development and a sense of purpose at every stage of adult life. Many trustees say the role helps them feel more connected to their communities and gives them the chance to work alongside people they might not otherwise meet.

It can also provide valuable leadership experience, help develop new skills, support career progression or offer a rewarding way to make a contribution in retirement

Could I become a trustee?

Most people can become charity trustees, provided they are not legally disqualified and can commit the time, skills and experience the charity needs.

Age

You must generally be aged 18 or over to become a trustee. In some charity structures, such as charitable companies and charitable incorporated organisations (CIOs), you can become a trustee from the age of 16.

Skills and experience

Some charities may look for specific skills, professional experience or lived experience that reflects the people they support. Others may recruit trustees who live in the area they serve. Most charities aim to bring together a diverse mix of skills, knowledge and experience on their board.

Who is disqualified?

You cannot become a trustee if you:

• Have an unspent criminal conviction involving dishonesty or deception.

• Are undischarged bankrupt.

• Are banned from being a company director under the Company Directors Disqualification Act 1986.

• Are on the sex offenders register.

• Have been removed from trusteeship by the Charity Commission or court.

What does the role actually involve?

Trustees are responsible for the overall leadership and governance of a charity. Although they may delegate certain responsibilities to committees or a chief executive, they retain ultimate responsibility for ensuring the charity is well managed and fulfils its obligations.

The Charity Commission identifies six key duties for trustees:

1. Ensure the charity carries out its purposes for the public benefit.

Trustees must ensure that everything the charity does supports the purposes for which it was established. For example, if a charity exists to provide play areas for children in Gloucestershire, it cannot simply expand its work into Worcestershire unless it amends its purpose and the change is approved by the Charity Commission.

2. Comply with the charity’s governing document and the law.

Trustees must ensure that the charity follows its governing document, such as its constitution or articles of association, and complies with relevant laws and regulations. This includes following the correct procedures for trustee appointments, meetings and decision-making, as well as meeting statutory reporting requirements.

3. Act in the charity’s best interests.

Trustees must make decisions that benefit the charity and help it achieve its purposes. They must act independently, manage conflicts of interest and never use their position to secure personal benefit.

4. Manage the charity’s resources responsibly.

Trustees are responsible for ensuring that the charity’s money, property and other assets are managed carefully and used effectively to further its charitable purposes. This includes setting and monitoring budgets, overseeing income and expenditure, protecting assets and making informed decisions about financial risks and investments.

5. Act with reasonable care and skill.

Trustees should use their knowledge, experience and judgement to make sound decisions. They are not expected to be experts in every area, but they must take reasonable steps to understand the issues, seek additional information and obtain professional advice when necessary.

6. Ensure the charity is accountable.

Trustees must ensure the charity is transparent and accountable to its beneficiaries, funders, regulators and the wider public. This includes keeping accurate records, meeting reporting requirements, responding to questions and concerns, and complying with the Charity Commission’s requirements.

What is the difference between a trustee, a non-executive director and a governor?

People interested in becoming a trustee may also consider non-executive director or school governor roles. While these positions all have similar responsibilities, they operate under different legal frameworks.

Trustee

A trustee is responsible for the governance of a charity and ensuring it fulfils its charitable purposes. Trustees must comply with charity law and are accountable to the Charity Commission.

Non-executive director

A non-executive director (NED) is a member of a company’s board who provides independent oversight, strategic guidance and challenge to the executive team. Directors have legal duties under the Companies Act 2006, including a duty to promote the success of the company for the benefit of its members.

Community Interest Companies (CICs) are limited companies set up for community benefit. They operate as part of the VCSE sector but, as companies they have NEDs rather than trustees. They have the same legal features as other limited companies, such as the ability to enter contracts, own assets, and borrow money, but with additional statutory safeguards to ensure community benefit.

Some charities are established as charitable companies. In these cases, their trustees are also company directors and must fulfil both their duties under charity law and their duties under company law.

School governor

A school governor helps provide strategic leadership and oversight of a school or academy. Responsibilities typically include setting the school’s strategic direction, monitoring educational performance, overseeing finances and staffing, and ensuring appropriate arrangements for safeguarding, equality and accountability. The precise legal framework depends on whether the school is maintained by the local authority or operates as an academy.

In summary, trustees, non-executive directors and school governors all help organisations operate effectively, make sound decisions and remain accountable. Each role offers an opportunity to contribute skills and experience, support strategic development and make a positive difference, but the legal responsibilities and specific focus of each role vary.