Becoming a Charity

Since 2008 friends of Bromfield Park has been an unincorporated association, governed by a committee elected each year at an AGM. In earlier years of FoBP we were dealing with a small income and expenditure. In more recent years our turnover has increased tenfold, and we have been entering into large contracts for which individual volunteers were liable.

Following initial research, it was clear that we needed to become a legal entity, and a Charitable Incorporated Organisation (CIO) is the best option.   

Primarily, it puts FOBP on a firm legal footing and gives a framework set out in law that defines how we must operate.

It also gives us a number of advantages which might help in our fundraising and in enhancing our reputation and credibility with the public and businesses.

The objects of the charity are:

• (a) To promote and encourage the conservation, preservation and improvement of Broomfield Park to ensure it remains and is enhanced as an area of natural beauty, a habitat for wildlife and an attractive parkland
• (b) to provide or assist in the provision of facilities in the interests of social welfare for recreation or other leisure time occupation of individuals who have need of such facilities by reason of their youth, age, infirmity or disability, financial hardship or social circumstances with the object of improving their conditions of life.

Yes. Our application to become a charity illustrated what we are doing. This clearly passed the commissions test as no queries were raised and the application was approved in just a few weeks.

Some examples of how the objects are already reflected in volunteer’s work:

• conservation – habitats, wetlands, lakes, education programmes,
• preservation – historic gardens and lakes, conservatory, Broomfield Houseand stable yards,
• improvement – horticulture, orchard, events space, café, boating pond,
• social welfare – all volunteer work, wellbeing activities, walks, talks
• leisure – free events across volunteer activities, Palmers Green Festival,Blues,

In 2019, the only record was a list of 30 lifetime members. After discussing at an AGM, members decided to start a new membership scheme with annual renewals. Since then, membership has grown to around 240. The current membership better represents the local community. 

Becoming a charity can help to demonstrate our effectiveness and attract more members.

Throughout its history, members only voted on the election of the committee or other resolutions at the AGM. The constitution defined the committee as responsible for managing FoBP and it made decisions in the best interests of the organization. Additionally, executive officers handled the daily operations and prepared items for the committee to discuss and decide upon.

Members will have all of the powers they had in the ‘old’ constitution and some new ones.  Members will have a say in:

• Removing trustees under certain circumstances
• Amending the constitution
• Winding up the charity

Unlike in the past, all members will be consulted on issues considered appropriate and significant by trustees.

For example, members are being

consulted about:

• The transfer of assets from the unincorporated Association into the charity.
• The change of charity constitution from a ‘foundation’ model into an‘association’ model

FoBP annual memberships will remain much the same as in the past three years, since records have become more robust. Membership fees will be reviewed annually and decided at the AGM by members. 

Fees will be waived at the discretion of trustees (as was the case previously of committee members), for example volunteers and under 25s having free memberships.  

New categories can be introduced at the discretion of trustees on the basis of benefit to the charity’s objects, for example ‘family’ membership is being considered at the moment. 

Whilst in many ways it will be the same, now trustees will have additional responsibilities defined by charity law. “Charity trustees are responsible for managing the affairs of the CIO and exercising all its powers. They must act in good faith to further the CIO's purposes and perform their functions with reasonable care and skill, considering any special knowledge or experience they have.” - constitution

As in the old constitution, the charity trustees are charged with the effective running of the organisation

What will happen next?

The next steps are, If members vote in favour:

1. There will be a transfer of assets to the new charity.
2. The new ‘Association’ constitution will be finalised and submitted to the Charity Commission

Then the CIO will:

1. begin its financial year on April 1st 2025
2. develop policies and procedures as recommended by the Charities
3. Commissions , such as:

• Safeguarding policy and procedures
• Communications policy
• Risk management
• Iternal charity financial controls policy and procedures
• Code of conduct

The Charity Commission guidance for the constitution states: “There must be an annual general meeting (AGM) of the members of the CIO. The first AGM must be held within 18 months of the registration of the CIO, and subsequent AGMs must be held at intervals of not more than 15 months.”

We are not sure yet what work is ahead as a charity and how this might impact on preparation for an AGM, but trustees intention is to hold an AGM in November each year as previously. However, we will not be able to give a charity financial report until after March 2026 and this may impact on timescales. We will seek Charity Commission guidance on this issue.

Open meetings serve a valuable function as part of a blend of ways to engage our communities. 

Historically, open meetings have drawn a relatively small and often recurring group of attendees. To engage a broader audience, we need to make meetings more appealing by highlighting the positive aspects of Broomfield Park and encouraging greater public participation.