Complaints Procedure August 2017
How SEND Family Voices (SFV) will resolve a dispute 1. Internal dispute From the SFV Constitution May 16 ‘If a dispute arises between members of the CIO about the validity or propriety of anything done by the members under this constitution, and the dispute cannot be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation. ‘ When to get external help Charity Trustees and members need to work together to settle any differences they have. If Trustees can’t reach an agreement and follow the directions from the governing document (see above), the Co-Chairs may need to look for some independent external help. An independent third party will look at both sides and come up with some fresh ways to resolve the dispute. If the dispute is about the way the charity is run, options available are: approach the charity’s national or umbrella body, if it has one (Contact a Family in some circumstances) or contact an organisation like the Advisory, Conciliation and Arbitration Service Mediation Mediation is a more formal way to settle disputes. It is a private and confidential process in which an independent person meets with both sides, helping them to reach a solution that everyone finds acceptable. Mediation can be quick and cost-effective. Through mediation, both sides must agree to any solution, so it is more likely to be a lasting agreement. If the dispute is taken to court, the board of trustees will be expected to have tried mediation first. The Ministry of Justice has a network of mediators. When to involve the Charity commission The commission can only get involved in internal disputes when: • there are no Trustees (or correctly appointed Trustees) in place, and • SFV can show that all attempts to resolve the dispute have failed Any Trustees must have been appointed following the directions laid out in the charity’s governing document. If the commission finds evidence of misconduct or mismanagement that put the charity’s funds and users at risk, it will step in and provide advice and guidance.
Even after the commission gets involved, the Trustees need to work together to come up with a solution. If the commission thinks a solution will not be reached, it may withdraw its help or even instruct the charity to cease operating and wind up. When the commission won’t get involved The commission will not get involved if your dispute is about Trustees’ decisions or policies. Trustees are free to make decisions for their charity, so long as they are acting within the law and within the rules of the charity’s governing document. There may be other organisations that are better placed to get involved in certain disputes. For example, apply to an employment tribunal for employment issues including unfair dismissal. SFV will only contact the commission if all attempts to reach a solution have failed and there are no properly appointed trustees. The board will have to provide written evidence about the dispute.
2. External dispute How to make a complaint about SFV 1. Please write to either of the Co-Chairs* for Kingston and Richmond 2. If the complaint is about one of the Joint Chairs, please contact the Secretary* to the Trustees 3. SFV will acknowledge your complaint within 5 working days 4. SFV’s Secretary to the Trustees, and the Special Schools link (on SFV’s Steering Group) will investigate and respond to your complaint within 20 working days 5. If you are not happy with SFV’s response, you may contact Contact A Family or the Charities Commission for further advice. Details will be provided in SFV’s response letter. * Please refer to our website for the current post-holders. All correspondence will be made through the SEND Family Voices e-mail address.