Articles of Association

Rules of FOBSP

Friends of Bude Sea Pool (charity no. 1143156) aims to maintain and enhance this semi-natural tidal pool so that it is free for everyone to us for generations to come. The beauty of the natural environment is important to us all. Open to all elements, all year-round, Bude Sea Pool is impacted and has an impact on the environment and the climate, in how it is maintained, is funded and is used. Friends of Bude Sea Pool is committed to managing these impacts, whether reducing the negative or increasing the positive. This policy is a guiding principle on which we aim to take ethical decisions.

It is our policy to:

• Minimise our use of unnecessary energy (turning off all office equipment when not used, installing eco-friendly bulbs and investigating grant funding for green initiatives such as solar panels on existing facilities)
• Recycle, reuse and repurpose as much as we can (e.g. having scrap paper for use; when necessary, always printing double-sided; buying recycled toilet roll from Who Gives a Crap who give 50% of their profit to help build toilets and improve sanitation in developing countries)
• Encourage Pool Users and Visitors to use refillable water bottles and to offer refills as in keeping with the ReFill Bude initiative founded by one of our volunteers. We have recycled refillable bottles and coffee cups for sale at the shop, seasonal pop-up shop and online.
• Favour local producers and artists who use sustainable products by stocking their merchandise thereby minimising unnecessary transport. We prioritise UK-made products where local suppliers do not exist
• Bring as much of the administrative process online to avoid unnecessary printing and travelling to meetings where these can be achieved successfully remotely or locally, including clustering meetings and using public transport where possible
• Use existing Community Hub (and potential new office space) to grow educational outreach regarding the (changing) geography of the Pool in relation to climate change and to support local green initiatives
• Partner with Bude Climate Partnership and other experts in the field and to be guided by them in identifying and taking pragmatic steps to keep the Charity in line with the UK Sustainable Development Strategy wherever possible

This policy is communicated to all staff and reviewed by the Board of Trustees annually. Adopted 27/07/2022 Chair, Friends of Bude Sea Pool

Friends of Bude Sea Pool (FoBSP)

Declaration of interest statement

Introduction

FoBSP is committed to encouraging equality, diversity and inclusion among our staff and volunteers and eliminating unlawful discrimination.

The aim is for our staff and volunteers to feel respected and able to give their best.

The charity, in providing its services and facilities, is also committed against unlawful discrimination of pool users and the public.

Our policy’s purpose

This policy’s purpose is to:

1. Provide equality, fairness and respect for all in our employment, whether temporary, part-time or full-time

2. Not unlawfully discriminate because of the Equality Act 2010 protected characteristics of:

• age

• disability

• gender reassignment

• marriage and civil partnership

• pregnancy and maternity

• race (including colour, nationality, and ethnic or national origin)

• religion or belief

• sex

• sexual orientation

3. Oppose and avoid all forms of unlawful discrimination. This includes in:

• pay and benefits

• terms and conditions of employment

• dealing with grievances and discipline

• dismissal

• redundancy

• leave for parents

• requests for flexible working

• selection for employment, promotion, training or other developmental opportunities

Our commitments

 

The organisation commits to:

1. Encourage equality, diversity and inclusion in the workplace as they are good practice and make business sense

2. Create a working environment free of bullying, harassment, victimisation and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of all staff are recognised and valued.

This commitment includes training staff about their rights and responsibilities under the equality, diversity and inclusion policy. Responsibilities include staff conducting themselves to help the organisation provide equal opportunities in employment, and prevent bullying, harassment, victimisation and unlawful discrimination.

All staff should understand they, as well as their employer, can be held liable for acts of bullying, harassment, victimisation and unlawful discrimination, in the course of their employment, against fellow employees, customers, suppliers and the public

3. Take seriously complaints of bullying, harassment, victimisation and unlawful discrimination by fellow employees, customers, suppliers, visitors, the public and any others in the course of the organisation’s work activities.

Such acts will be dealt with as misconduct under the organisation’s grievance and/or disciplinary procedures, and appropriate action will be taken. Particularly serious complaints could amount to gross misconduct and lead to dismissal without notice.

Further, sexual harassment may amount to both an employment rights matter and a criminal matter, such as in sexual assault allegations. In addition, harassment under the Protection from Harassment Act 1997 – which is not limited to circumstances where harassment relates to a protected characteristic – is a criminal offence.

4. Make opportunities for training, development and progress available to all staff, who will be helped and encouraged to develop their full potential, so their talents and resources can be fully utilised to maximise the efficiency of the organisation.

5. Make decisions concerning staff based on merit (apart from in any necessary and limited exemptions and exceptions allowed under the Equality Act).

6. Review employment practices and procedures when necessary to ensure fairness, and also update them and the policy to take account of changes in the law.

7. Monitor the make-up of the workforce regarding information such as age, sex, ethnic background, sexual orientation, religion or belief, and disability in encouraging equality, diversity and inclusion, and in meeting the aims and commitments set out in the equality, diversity and inclusion policy.

Monitoring will also include assessing how the equality, diversity and inclusion policy, and any supporting action plan, are working in practice, reviewing them annually, and considering and taking action to address any issues.

Agreement to follow this policy

The equality, diversity and inclusion policy is fully supported by the trustees and committee.

Our disciplinary and grievance procedures

Details of the organisation’s grievance and disciplinary policies and procedures can be found in the staff handbook. This includes with whom an employee should raise a grievance – usually their line manager.

Use of the organisation’s grievance or disciplinary procedures does not affect an employee’s right to make a claim to an employment tribunal within three months of the alleged discrimination.

The type of personal information we collect

We currently collect and process the following information:

• Name and contact details (postal address, phone numbers and email address) of our friends, donors, volunteers, staff, business sponsors, visitor giving partners, beach hut renters and suppliers
• Customer name, address, email and payment details (shop and e-shop)
• Employee data including bank details
• CVs, references and other HR related documents pertaining to employees and volunteers, including emergency contact names and numbers, Non-Disclosure Agreements, Disclose and Barring Service certificates and contracts
• Model release forms for use of images for marketing purposes
• Confidential paperwork relating to the work of the trustees

How we get the personal information and why we have it

Most of the personal information we process is provided to us directly by you for one of the following reasons:

• Online membership forms (and previously hard copy forms)
• Volunteer applications (online and in hard copy)
• Business sponsors and visitor giving partner agreements
• Beach hut renters
• Shop orders (shop, e-shop and over the phone)
• Supplier payments
• Donations received and Gift Aid tax claims where appropriate
• Employment of staff

We use the information that you have given us in order to:

• Record e-shop orders, payment information and delivery details
• Record your friend subscription and manage our relationship with you
• Record volunteering suitability and arrangements
• Record donations received and claim Gift Aid tax where appropriate
• Record and manage beach hut rentals
• Record business sponsors and visitor giving partners to manage our relationship with you and also to advertise your services
• Record and manage your employment with us
• Pay our suppliers

We may share this information with HMRC, where required, e.g. Gift Aid tax claims and employee tax payments.

Under the UK General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing this information are:

(a) Your consent. You are able to remove your consent at any time. You can do this by contacting Josie Dean, Membership Manager – membership@budeseapool.org
(b) We have a contractual obligation.
(c) We have a legal obligation.
(d) We have a legitimate interest.

How we store your personal information

Your information is securely stored electronically.

We keep your data as follows:

• Friends’ subscription records – 6 years after termination of subscription
• Invoices and supplier details – 6 years
• Payroll / PAYE records – 10 years after termination of employment
• All other data – 6 years after termination of relationship

We will then dispose your information by deleting your data from our electronic systems and shredding any information we may hold in paper format.

Your data protection rights

Under data protection law, you have rights including:

Your right of access – You have the right to ask us for copies of your personal information.
Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at membership@budeseapool.org, Friends of Bude Sea Pool, Summerleaze Car Park, Bude EX23 8HJ or on 01288 488118 if you wish to make a request.

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at Friends of Bude Sea Pool, Summerleaze Car Park, Bude EX23 8HJ for the attention of the Chairman of the Trustees.

You can also complain to the Information Commissioner’s Office (ICO) if you are unhappy with how we have used your data. The easiest way to do this is online at:
https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints

ICO website: https://www.ico.org.uk

Our contact details

Name: Josie Dean
Address: Summerleaze Car Park, Bude EX23 8HJ
Phone Number: 01288 488118
E-mail: membership@budeseapool.org
Website: www.budeseapool.org

How accessible is this website?
This website has been developed to be as accessible as possible. We are confident that this website is accessible.

What to do if you can’t access parts of this website
If you need information on this website in a different format like accessible PDF, large print, easy read, audio recording or braille, please contact us using the contact details at the end of this statement.

We’ll consider your request and get back to you as soon as possible.

Reporting accessibility problems with this website
We’re always looking to improve the accessibility of this website. If you find any problems that aren’t listed on this page or think we’re not meeting the requirements of the accessibility regulations, contact us using the contact details at the end of this statement.

Compliance
This website is compliant with the Web Content Accessibility Guidelines version 2.1 AA standard, due to the non-compliances and exemptions listed below.

Non-accessible content
The content listed below is non-accessible for the following reasons.

Images on some pages do not always have suitable image descriptions. Users of assistive technologies may not have access to information conveyed in images. This fails WCAG 2.1 success criterion 1.1.1 (Non-text Content).

Many documents are in less accessible formats, for example PDF.

PDFs and non-HTML documents
Many documents are not accessible in a number of ways including missing text alternatives and missing document structure.

Our aim is to make all documents hosted on the FoBSP website accessible. If you require a document in an alternative format please contact us via the details below.

External links
This website links to third-party, external websites or services that may not be fully accessible.

Disproportionate burden
We believe that fixing the accessibility problems with the non accessible PDFs before February 2023 would be disproportionate to the cost involved and feel that the time and money in doing so can be used better elsewhere within FoBSP. However if you do require an accessible PDF then please get in touch via the details below and we will be happy to assist you.

How we tested this website
We tested this website in the following ways:

• WCAG 2.1 compliance using a third-party automated service (reviewed regularly)
• Regular testing using a suite of browser-based accessibility reporting tools
• Colour contrast checkers were used during the design phase and re-tested once launched

Contact us
For any enquiries about the accessibility of this website, you can contact us by emailing website@budeseapool.org

This statement was prepared on 01 February 2023. It was last updated on 01 February 2023.

Safeguarding policy

Purpose

The purpose of this policy is to document procedures put in place by FoBSP to ensure that people, particularly children, at risk adults and beneficiaries of assistance, are protected from any harm that may be caused due to their coming into contact with FoBSP and the Bude Sea Pool. This includes harm arising from:

• The conduct of staff or volunteers associated with FoBSP

• The design and implementation of FoBSP’s events and activities

The policy lays out the commitments made by FoBSP and informs staff and volunteers of their responsibilities in relation to safeguarding.

This policy does not cover:

• Sexual harassment in the workplace – this is dealt with under FoBSP’s Anti Bullying and Harassment Policy

• Safeguarding concerns in the wider community not perpetrated by FoBSP or volunteers.

Safeguarding

In the UK, safeguarding means protecting people’s health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect. FoBSP interprets this to apply to its activities as – protecting people, including children and at-risk adults, from harm that arises from coming into contact with our staff or activities.

Further definitions relating to safeguarding are provided in the glossary below.

Scope

• All staff contracted by FoBSP

• Associated personnel whilst engaged with work related to FoBSP, including but not limited to the following: consultants; volunteers; contractors; trustees.

Policy statement

FoBSP believes that everyone we come into contact with, regardless of age, gender identity, disability, sexual orientation or ethnic origin has the right to be protected from all forms of harm, abuse, neglect and exploitation. FoBSP will not tolerate abuse and exploitation by staff or volunteers.

This policy will address the following areas of safeguarding: child safeguarding, adult safeguarding, and protection from sexual exploitation and abuse.

FoBSP commits to addressing safeguarding throughout its work, through the three pillars of prevention, reporting and response.

Prevention

FoBSP’s responsibilities

FoBSP will:

• Ensure all staff have access to, are familiar with, and know their responsibilities within this policy;

• Design and undertake all its events and activities in a way that protects people from any risk of harm that may arise from their coming into contact with FoBSP;

• Implement stringent safeguarding procedures when recruiting, managing and deploying staff and volunteers;

• Ensure staff receive training on safeguarding at a level commensurate with their role in FoBSP;

• Follow up on reports of safeguarding concerns promptly and according to agreed procedures.

Staff responsibilities

Child safeguarding

FoBSP staff and volunteers must not:

• Engage in sexual activity with anyone under the age of 18;

• Sexually abuse or exploit children;

• Subject a child to physical, emotional or psychological abuse, or neglect;

• Engage in any commercially exploitative activities with children including child labour or trafficking.

Adult safeguarding

FoBSP staff and volunteers must not:

• Sexually abuse or exploit at-risk adults

• Subject an at-risk adult to physical, emotional or psychological abuse, or neglect

Protection from sexual exploitation and abuse

FoBSP staff and volunteers must not:

• Exchange money, employment, goods or services for sexual activity.

Additionally, staff and volunteers are obliged to:

• Contribute to creating and maintaining an environment that prevents safeguarding violations and promotes the implementation of the Safeguarding Policy;

• Report any concerns or suspicions regarding safeguarding violations by a FoBSP staff member or volunteers to the appropriate staff member.

Enabling reports

FoBSP will ensure that safe, appropriate, accessible means of reporting safeguarding concerns are made available to staff and the communities we work with.

Any staff reporting concerns or complaints through formal whistleblowing channels (or if they request it) will be protected by FoBSP’s Whistleblowing) Policy.

FoBSP will also accept complaints from external sources such as members of the public and official bodies.

How to report a safeguarding concern

Staff members who have a complaint or concern relating to safeguarding should report it immediately to their line manager. If the staff member does not feel comfortable reporting to their line manager (if that person is implicated in the concern) they may report to a trustee.

Response

FoBSP will follow up safeguarding reports and concerns according to policy and procedure, and legal and statutory obligations.

FoBSP will apply appropriate disciplinary measures to staff found in breach of this policy.

FoBSP will offer support to survivors of harm caused by staff or volunteers, regardless of whether a formal internal response is issued or an internal investigation carried out. Decisions regarding support will be led by the survivor.

Confidentiality

It is essential that confidentiality is maintained at all stages of the process when dealing with safeguarding concerns. Information relating to the concern and subsequent case management should be shared on a need-to-know basis only and should be kept secure at all times.

Glossary of Terms

Child

A person below the age of 18

Harm

Psychological, physical and any other infringement of an individual’s rights

Psychological harm

Emotional or psychological abuse, including (but not limited to) humiliating and degrading treatment such as bad name calling, constant criticism, belittling, persistent shaming

Protection from Sexual Exploitation and Abuse (PSEA)

The term used by the humanitarian and development community to refer to the prevention of sexual exploitation and abuse of affected populations by staff or associated personnel. The term derives from the United Nations Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse (ST/SGB/2003/13)

Sexual abuse

The term ‘sexual abuse’ means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

Sexual exploitation

The term ‘sexual exploitation’ means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. This definition incudes human trafficking and modern slavery.

Survivor

The person who has been abused or exploited. The term ‘survivor’ is often used in preference to ‘victim’ as it implies strength, resilience and the capacity to survive, however it is the individual’s choice how they wish to identify themselves.

At-risk adult

Sometimes also referred to as vulnerable adult. A person who is or may be in need of care by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.

The Friends of Bude Sea Pool take health and safety matters very seriously and are committed to ensuring the safety, health and wellbeing of all persons exposed to its activities or facilities.

How are we going to do this?

By providing the right tools/equipment, substances, advice and training and putting in place sensible systems to make sure that whether you’re an employee, volunteer, a contractor, or a visitor, you don’t get harmed by any of our activities.

We will assess any significant risks and communicate the outcome to the relevant people to make sure everyone is aware of these when using the sea pool safety.

We will provide and maintain safe and healthy working conditions.

Who is going to make sure this happens?

Achieving a healthy and safe operating environment is the collective responsibility of the Trustees, Main Committee, Employees, Volunteers and Visitors. The Trustees and Chair will make sure that the right resources and funding are in place to manage this and help develop and maintain it for future generations.

Signed: Paul Tilzey – Chair Friends of Bude Sea Pool
Date: 1st March 2023

Friends of Bude Sea Pool Health & Safety Structure Chart

1. Trustee Members will give strategic direction and will:
1.1 Lead in line with core actions and good practice outlined in the Institute of Directors and
Health and Safety Commissions ‘Leading Health and Safety at Work – Leadership Actions for
Directors and Board Members’ (indg417).
1.2 Approve the health and safety policy and approve and provide resources to manage health
and safety within the business and consider health and safety in all business decisions.
1.3 Monitor the overall performance of health and safety.

2. Our Committee will provide executive oversight and operational
leadership and will:
2.1 Deliver effective health and safety leadership in line with core actions and good practice
outlined in the Institute of Directors and Health and Safety Commissions ‘Leading Health and
Safety at Work – Leadership Actions for Directors and Board Members’ (indg417).
2.3 Support the Chair and Trustees in meeting their health and safety responsibilities.
2.3 Provide visible and active leadership in good health and safety practice and leading by
example.
2.4 Promote sensible risk management throughout our business, to ensure all significant risks
are properly assessed, recorded, adequately controlled and reviewed.
2.4 Review and monitor health and safety performance.
2.5 Discuss health and safety at all Committee meetings.

3. Our Chair is ultimately responsible and will:
3.1 Lead in line with core actions and good practice outlined in the Institute of Directors and
Health and Safety Commissions ‘Leading Health and Safety at Work – Leadership Actions for
Directors and Board Members’ (indg417).
3.2 Be responsible for the overall development and implementation of effective proactive health
and safety management.

4. Our Line Managers, will provide strategic and operation direction and will:
4.1 Give health and safety a high priority, and consider health and safety implications in all
business decisions.
4.2 Develop safe working practices, and make sure that staff are adequately informed,
instructed, trained and supervised.
4.3 Identify individuals who may need particular support e.g. pregnant workers, young people
or workers with a disability and provide support.
4.4 Encourage the involvement of staff in health and safety decision making.
4.5 Recognise the extent of their own personal responsibilities and liabilities and recognise their
own limits of health and safety competency and ask for help if needed.
4.6 Provide visible and active leadership in good health and safety practice and lead by example.
4.7 Regularly monitor and review health and safety.
4.8 Keep health and safety records to meet legal requirements such as risk assessments,
workplace inspections and supervision notes.
4.9 Provide and maintain adequate welfare facilities including drinking water, safe access and
egress, clean and tidy workplaces, heating, lighting and ventilation and safe plant and
equipment

5. Our Employees / Volunteers will:
5.1 Co-operate with all of the above on all health and safety matters.
5.2 Observe safe working procedures at all times and consider the health and safety of
themselves and others at all times.
5.3 Tell their manager immediately of any health and safety problems or issues in the
workplace.
5.4 Report any accidents, incidents or near misses to their manager.
5.5 Wear any protective clothing or equipment and use any safety devices that have been
provided for their health and safety.
5.6 Not misuse any equipment and safety devices that have been provided in the interest of their
health and safety.

6. Our Committee Member with Health and Safety Responsibilities will:
6.1 Act as the ‘competent person’ as defined in the Management of Health and Safety at Work
Regulations 1999.
6.2 Lead and support Fiends of Bude Sea Pool in managing its health and safety responsibilities.
6.3 Review all new health and safety legislation and implement relevant legislation at the pool.
6.4 Undertake risk assessments for the use of the pool and events,
6.5 Compile and provide statistics on incidents and health and safety performance.
6.6 Inform the Health & Safety Executive (HSE) as required by Reporting of Injuries, Diseases
and Dangerous Occurrences Regulations (RIDDOR).
6.7 Assist in the investigation of serious incidents and accidents.
6.8 Develop and implement suitable health and safety monitoring systems.
6.9 Liaise with the appropriate enforcing authorities (such as the HSE etc.)
6.10 In conjunction with the committee will monitor the health and safety standards of contractors.

7. Visitors, Contractors and Members of the Public visiting will:
7.1 Comply with our health and safety policy, local procedures.
7.2 Where applicable work to agreed method statements and risk assessments etc
7.3 We value and act on the feedback of visitors and pool users. We have a Pool Users
Representative on our main committee where health and safety matters can be raised and
discussed

8. Employee Representation
8.1 We promote and value the contribution that employee representation can make to improving
and maintaining health and safety standards.
8.2 Permanent staff are encouraged to attend Committee meetings where health and safety
matters can be raised and are discussed.

9 Child Protection
9.1 The named person with responsibility for child protection on our committee is the Chair,
who liaises with the volunteer member with child protection responsibilities. We will follow
the procedures for child protection drawn up by the LA and the committee.
9.2 Whilst there is no requirement to supervise or manage safeguarding specifically, FoBSP
are aware of safeguarding procedures and have a safeguarding policy which they would
follow to manage an incident.

10 Sea Pool Security
10.1 While it is difficult to make the sea pool site totally secure, we will do all we can to ensure
that the sea pool is a safe environment for all who use it or work there. We review
security measures regularly, and draw upon the advice of experts (e.g. police officers, fire
officers, architects and other consultants).
10.2 We require all that all officials are easily identifiable and that official visitor’s wear an
identification badge at all times whilst on the sea pool site, to aid and inform sea pool
users.
10.3 We will not permit business use of the site without prior consent and will challenge
unofficial activity that is in conflict with the good use of the pool.
10.4 Unauthorised or anti-social use of the pool may result in persons being asked to leave
the site and/or in a referral to appropriate authorities.

11 Lone Working
11.1 Staff have access to mobile phones, Whilst working at the pool staff have access to RNLI
Lifeguards and members of staff working in the shop if open.

12 Educational visits
12.1 The FoBSP takes very seriously its responsibilities for ensuring the safety of children
whilst on school trips. Schools visiting the pool can make use of a prepared risk
assessment, which is available from FoBSP, and as a download on the FoBSP website.
Teachers are encouraged to visit the site and become familiar with it before bringing their
class.

13 Internet safety
13.1 We make regular use of the internet to promote our activities and provide information for
sea pool users. We will seek to ensure that all digital content is suitable for all users, with
due regard to the need to safeguard children and vulnerable adults.
13.2 We encourage and promote sensible use of private photography on its public site.

14 Hiring and Letting
14.1 FoBSP do not engage in the Hiring or Letting of the Bude Sea Pool facilities, but will
sanction, in certain circumstances, the use of the facilities by external organisations for
agreed events. For further details please see the Hiring and Letting Procedures.

Friends of Bude Sea Pool

Volunteers’ code of conduct

Values and principles

I agree to abide by the FoBSP values and principles (documented separately) and to act in accordance with the policies referred to in the volunteer handbook. I will make myself aware of the contents of the volunteer handbook and with any updates issued to me.

Confidentiality

I will maintain confidentiality and will not disclose any confidential information concerning any aspect of FoBSP which I may become aware of. I will seek clarification from the volunteer manager if I am unsure.

Public relations

I will ensure that in all communications with members of FoBSP or the general public, I endeavour to be helpful and courteous at all times. Any complaint which I receive will be handled in accordance with the charity’s complaints procedure.

Working relationships

I will maintain respectful relationships with my fellow volunteers and with other members of FoBSP.

Support

I will seek support when needed and offer support to other volunteers and FoBSP members when requested. I will participate in training and communication activities which are made available to me.

Complaints Policy

Friends of Bude Sea Pool (FoBSP) views complaints as an opportunity to learn and improve for the future as well as a chance to put matters right for the person or organisation that has made the complaint.

Our policy is designed to:

• Provide a fair complaints procedure which is clear and easy to use for anyone wishing to make a complaint;

• Publicise our complaints policy so that people know how to contact us to make a complaint;

• Make sure everyone at FoBSP knows what to do if a complaint is received;

• Make sure all complaints are investigated fairly and in a timely way;

• Make sure all complaints are, wherever possible, resolved and that relationships are repaired;

• Gather information which helps FoBSP improve what we do.

Confidentiality

All complaint information will be handled sensitively, informing only those who need to know and following any relevant data protection requirements.

Responsibility

Overall responsibility for this policy and its implementation lies with the board of trustees of FoBSP.

Document review

This policy is reviewed annually and updated as required.

Contact details for complaints

All complaints must be made in writing. Written complaints should be sent to the communications manager:

Email – communicationsmanager@budeseapool.org

Post – Friends of Bude Sea Pool, Summerleaze Crescent, Bude EX23 8HJ

Stage One

The complaint must be recorded in the complaints log. This will record: name of the complainant; date received; details of the complaint; person dealing with; date acknowledgement due and sent; date final response due and sent. Any learning / changes to processes should also be recorded.

The communications manager will decide who is best placed to investigate and respond to the complaint. That person may be a member of the staff team or a trustee. The complaint is best resolved by the person responsible for the issue being complained about.

A complaint should be acknowledged to the complainant within 5 working days. The acknowledgment should state who is dealing with the complaint, how the complaint will be investigated and when the complainant can expect a reply. A copy of this complaints policy should be attached to the acknowledgement. Complainants should receive a response within 20 working days of the complaint being submitted. If this is not possible, the complainant should be informed and told when the response can be expected.

When responding to the complaint, the reply should describe the action taken to investigate the complaint, the conclusions from the investigation and any action taken by FoBSP as a result of the complaint e.g. learning.

Stage Two

If the complainant does not feel that their complaint has been resolved satisfactorily at Stage One, they can request that the complaint is reviewed at Trustee Board level.

At this stage, the complaint will be passed to the Board of Trustees. The request for Board level review must be acknowledged within 5 working days. The acknowledgement should state who is dealing with the complaint (Board of Trustees) and when the complainant can expect a reply (within 20 working days).

The Board of Trustees may investigate the facts of the complaint themselves or delegate the investigation to the finance manager. This may involve reviewing the paperwork of the complaint and speaking to the person who dealt with the complaint at Stage One. This person should be kept informed of what is happening at Stage Two.

If the complaint relates to a specific person, the person should be informed and given an opportunity to respond at all stages.

Complainants should receive a response within 20 working days of the complaint being submitted to the Board of Trustees. If this is not possible, the complainant should be informed and told when the response can be expected.

When responding to the complaint, the reply should describe the action taken to investigate the complaint, the conclusions from the investigation and any action taken by FoBSP as a result of the complaint e.g. learning.

Complaints to the Charity Commission

The Charity Commission will investigate serious complaints against a charity. These include:

criminal, illegal or terrorist activity; a charity set up for illegal or improper purposes; a charity losing significant amounts of money; or a charity losing significant assets, for example land or buildings.

Complaints falling into these categories should be raised with the Charity Commission via its website at: www.charitycommission.gov.uk or on 0300 066 9197, Monday to Friday between the hours of 9am and 5pm.

Complaints to the Fundraising Regulator

If your complaint relates to fundraising activities and we were not able to resolve it satisfactorily, the complainant should refer to the Fundraising Regulator as an independent fundraising regulator for charities. This can be done via their website, www.fundraisingregulator.org.uk.

Friends of Bude Sea Pool

Conflict of interest policy

This policy sets out the charity’s policy for identifying, recording and acting on conflicts of interest.

All trustees have a legal duty to act only in the best interests of their charity. They must not put themselves in any position where their duties as trustee may conflict with any personal interest they may have.

Conflicts of interest lead to decisions that are not in the best interests of the charity and which are invalid or open to challenge. Conflicts of interest can also damage a charity’s reputation or public trust and confidence in charities generally.

Definitions

Conflict of interest: a conflict of interest is any situation in which a trustee’s personal interests or loyalties could, or could be seen to, prevent them from making a decision only in the best interests of the charity.

Connected person: in broad terms this means family, relatives or business partners of a trustee, as well as businesses in which a trustee has an interest through ownership or influence. The term includes a trustee’s spouse or unmarried or civil partner, children, siblings, grandchildren and grandparents, as well as businesses where a trustee or family member holds at least one-fifth of the shareholding or voting rights. If in doubt about whether a person or business is a connected person seek advice from a solicitor or other person qualified to advise on the matter.

Where a charity is paying a connected person for goods or services, the charities act defines what a connected person is at s188 (for goods and services).

Conflict of loyalty: this means a particular type of conflict of interest, in which a trustee’s loyalty or duty to another person or organisation could, or could be seen to, prevent the trustee from making a decision only in the best interests of the charity.

Trustee benefit: this means any instance where money, or other property, goods or services, which have a monetary value, are received by a trustee from the charity. The law says that trustees cannot receive a benefit from their charity, whether directly or indirectly, unless they have an adequate legal authority to do so. The potential for a trustee to benefit from the charity also creates a conflict of interest which the trustees need to address effectively. The term trustee benefit does not include any payments to trustees which are for their proper out of pocket expenses. 

Service user trustee: this means any trustee who makes use, as a beneficiary of the charity, of the equipment, facilities, services or support that are provided as part of the charitable purposes of their charity.

Identification of conflicts of interest

Trustees:

• each have an individual personal responsibility to declare conflicts of interest which affect them

• should have strong systems in place so that they are able to identify conflicts of interest

The trustee body should consider conflicts of interest as a pre-appointment issue. Prospective trustees should be asked about potential conflicts of interest, and these should be declared to those who will decide on the appointment. Where prospective trustees are likely to be subject to serious or frequent conflicts of interest, the trustees should seriously consider whether that trustee should be appointed.

Prevention of conflict of interest from affecting a decision

This means that trustees must consider the issue of the conflict of interest so that any potential effect on decision making is eliminated. How they do this will depend on the circumstances. In cases of serious conflicts of interest, it may mean the trustees deciding to remove the conflict by:

• not pursuing a course of action

• proceeding with the issue in a different way so that a conflict of interest does not arise

• not appointing a particular trustee or securing a trustee resignation

Where trustees have decided against removal of the conflict of interest, they must prevent it from affecting their decision in a different way. They:

• must follow any specific requirements in the law or the charity’s governing document which deal with conflicts of interest and how they should be managed (legal requirement)

• should, where there are no specific governing document or legal provisions:

  • require conflicted trustees to declare their interest at an early stage and, in most cases, withdraw from relevant meetings, discussions, decision making and votes

  • consider updating their governing document to include provisions for dealing with conflicts of interest

• may, exceptionally, need to seek the authority of the Charity Commission where the conflict of interest is so acute or extensive that following these options will not allow the trustees to demonstrate that they have acted in the best interests of the charity

Conflicts of interest often arise because a decision involves a potential trustee benefit. Where this is the case:

• the trustee benefit must be properly authorised and (legal requirement)

• the trustees must follow any conditions attached to the authority which say how the conflict of interest should be handled (legal requirement)

Recording a conflict of interest

Trustees:

• should formally record any conflicts of interest and how they were handled

Where there is a conflict of interest, the trustees should ensure that the written record of the decision shows:

• the nature of the conflict

• which trustee or trustees were affected

• whether any conflicts of interest were declared in advance

• an outline of the discussion

• whether anyone withdrew from the discussion

• how the trustees took the decision in the best interests of the charity

Conflicts of interest relate to a trustee’s personal interests and the interests of those connected to them. This means that there is a conflict of interest where there is a proposed transaction between the charity and a connected person. Similarly, there is a conflict of interest where there is a benefit or a potential benefit to a connected person.

Benefits to trustees

Trustees can only benefit from their charity where there is an explicit authority in place before any decision conferring trustee benefit is made.

Examples of benefits to trustees are where the trustees decide to:

• sell, loan or lease charity assets to a charity trustee;

• acquire, borrow or lease assets from a trustee for the charity;

• pay a trustee for carrying out their trustee role;

• pay a trustee for carrying out a separate paid post within the charity, even if that trustee has recently resigned as a trustee;

• pay a trustee for carrying out a separate paid post as a director or employee of the charity’s subsidiary trading company;

• pay a trustee, or a connected person, for providing a service to the charity – this covers anything that would be regarded as a service and includes legal, accountancy or consultancy services through to painting or decorating the charity’s premises, or any other maintenance work;

• pay a trustee, or a connected person, for providing goods to the charity, such as paint, timber, sports equipment, consumables or stationery;

• employ a trustee’s spouse or other close relative at the charity (or at the charity’s subsidiary trading company);

• make a grant to a service user trustee, or a service user who is a close relative of a trustee;

• allow a service user trustee to influence service provision to their exclusive advantage.

Conflicts of loyalty

These conflicts of interest arise because, although the affected trustee does not stand to gain any benefit, the trustee’s decision making at the charity could be influenced by their other interests.

For example, a trustee’s loyalty to the charity could conflict with their loyalty to:

• the body that appointed them to the charity

• the membership or section of the charity that appointed them to trusteeship

• another organisation, such as their employer

• another charity of which they are a trustee

• a member of their family

• another connected person or organisation

Some conflicts of loyalty arise because a trustee has a competing legal obligation or duty to another organisation or person. Others result from conflicting loyalties which trustees owe or may feel towards family, friends or other people or organisations who are part of the trustee’s network. A conflict of loyalty could also arise where the religious, political or personal views of a trustee could interfere with the ability of the trustee to decide the issue only in the best interests of the charity.

Trustees’ other interests and loyalties can generate conflicts of interest from time to time, some of which pose a minor risk to the charity and some of which are more serious. The trustees may decide that where a conflict of loyalty poses no risk or a low risk to decision making in the best interests of the charity, the affected trustee, having declared their other interest, can participate in decision making.

Legal requirement: the directors of charitable companies taking this approach, must have authority in the governing document which allows the unconflicted directors to decide that the trustee affected by the conflict of loyalty can participate. The trustees of other types of charity should consider updating their governing document to include this type of authority. Even where trustees are relying on a governing document authority, they should ensure that they can demonstrate that they have taken their decision only in the best interests of the charity.

Identifying low risk conflicts of loyalty

Deciding that a conflict of interest is low risk, and that the affected trustee can participate in the decision, is a judgement for the trustees. It is not possible to give a definitive view of when this is appropriate. It depends on the particular decision and relevant circumstances. The trustees must take all relevant factors into account and be ready to explain their approach if asked.

Legal consequences

Failure to act properly where there is a conflict of interest is a breach of the trustees’ legal responsibilities.

A transaction affected by a conflict of interest, where the trustees have not acted properly, could be challenged by the Charity Commission or by an interested party. In some circumstances the transaction may be unsafe and capable of being invalidated or, in the worst case, might be void from the start.

Where they have not acted properly, trustees may have to repay any sums paid by the charity, whether they result from an unauthorised trustee benefit or another breach of duty. This can be the case, even where the charity has benefitted from the arrangement. If the charity has also suffered a loss, the trustees may have to make good such loss to the charity.

Regulatory consequences

The Charity Commission will intervene where it has concerns about trustee misconduct or mismanagement or if there is a risk to charity property. The Charity Commission’s risk framework explains that decisions to intervene are based on the nature and level of the risk posed to a charity or charities generally.

The regulatory consequences of making a decision which is subject to a conflict of interest largely depend on the nature and severity of the conflict, its impact on the charity, and the ability of the trustees to remedy the situation and operate in line with their duties.

Remedial action by the trustees

Where:

• the impact of the conflict of interest on the charity is low

• there is little or immaterial loss or damage to the charity

• the trustees can show that the failure to act properly was an error

In these cases the Charity’s Commission’s minimum expectation of trustees is that they:

• take reasonable steps to assess and manage any risks to the charity’s work and reputation

• make a full record of the issue and how they have handled it

• review their conflicts of interest policy, ensure that all trustees are made aware of its content and meaning, and fully implement the policy in the future

Corrective regulatory advice

Where the impact of the decision subject to the conflict of interest is higher the Charity Commission will give corrective regulatory advice. Factors which may have a higher impact on the charity include conflicts of interest which are associated with unauthorised trustee benefit, other loss of charity funds, bad publicity for the charity or potential damage to public trust and confidence in charities generally.

Regulatory advice will specify what the trustees should do to remedy the situation and to ensure that it doesn’t recur. The action plan often requires the serving trustees to decide whether to take action themselves to recover any sums lost to the charity. Very often it means that the serving trustees are required to appoint new independent trustees to work with them.

The Charity Commission will monitor the trustees’ implementation of the required improvements, within a stipulated timescale. Any failure to fully implement the required improvements is likely to be regarded as misconduct or maladministration of the charity and can lead to further use of the Charity Commission’s powers.

Using the Charity Commission’s powers

The Charity Commission will intervene using its investigative powers in serious or high risk cases. This will usually be where the issue or allegation presents a serious risk to the charity or to public confidence in charities generally.

For example, where it seems that trustees have deliberately or negligently placed their own interests ahead of those of the charity and have, as a result, gained significant benefit at the expense of the charity, the Charity Commission will use its powers to:

• stop abuse, trustee misconduct and mismanagement – this includes where the trustees fail to fully take steps to resolve the issues or are incapable of doing so

• intervene in a charity’s affairs and take steps to recover any sums lost to charity, where the trustees are unable or unwilling to do so, and the amount involved is significant

If the Charity Commission finds evidence of or suspect criminal activity it will refer the matter to the police and other relevant agencies and, if the public interest justifies it, use its own powers of intervention. In all cases where the Charity Commission intervenes, whether by giving corrective regulatory advice requiring action or using its powers, it will take a stronger line and be less tolerant where it has previously engaged with the charity about the same, or similar, issues.

Where the Charity Commission intervenes, its minimum expectation of trustees is that they:

• promptly provide full and frank disclosure of all relevant facts and information they have about the incident

• take reasonable steps to assess and manage any risks to the charity’s work and reputation

• co-operate and work with the Charity Commission, if required, to get the charity’s management right

• act responsibly and take action to ensure that they fulfil their legal responsibilities in the future. This often requires the serving trustees to decide whether to take action themselves to recover any sums lost to the charity. Very often it means that the serving trustees are required to appoint new independent trustees to work with them

• review or develop a conflicts of interest policy and ensure that all trustees are made aware of its content and meaning, and fully implement the policy in the future

• make a full record of the issue and how they have handled it

Reputational consequences including damage to public confidence in charities

Trustees should be aware of the significant negative effects that a conflict of interest can have on the charity’s reputation and on public trust and confidence generally. If those outside the trustee body, such as the charity’s funders or other supporters, have the impression that the trustees have acted in their own interests rather than those of the charity, this may have reputational consequences and affect future funding. When dealing with conflicts of interest, trustees should be aware of how the situation may appear to someone from outside the charity, and make sure that policies and procedures are in place which will allow trustees to demonstrate that such situations have been dealt with properly.

Friends of Bude Sea Pool

Whistleblowing policy

This document sets out the charity’s policy for handling whistleblowing.

Whistleblowing

Whistleblowing is the term used when an employee passes on information concerning wrongdoing. This is referred to as “making a disclosure” or “blowing the whistle”. The wrongdoing will typically (although not necessarily) be something the individual has witnessed at work.

To be covered by whistleblowing law, an employee who makes a disclosure must reasonably believe two things. The first is that they are acting in the public interest. This means, in particular, that personal grievances and complaints are not usually covered by whistleblowing law. The second thing that an employee must reasonably believe is that the disclosure tends to show past, present or likely future wrongdoing falling into one or more of the following categories:

• criminal offences (this may include, for example, types of financial impropriety such as fraud)

• failure to comply with an obligation set out in law

• miscarriages of justice

• endangering of someone’s health and safety

• damage to the environment

• covering up wrongdoing in the above categories

Whistleblowing law is located in the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). It provides the right for an employee to take a case to an employment tribunal if they have been victimised at work or they have lost their job because they have ‘blown the whistle’.

Note that, although the right to raise a disclosure is included in employment law for employees, this policy and the procedures contained in it also applies to volunteers of the charity.

Procedures for handling whistleblowing

Where an employee feels able to do so, they may make a disclosure to their immediate manager who will be able to decide whether they can take forward the disclosure or whether it will require escalation. In the case of volunteers, disclosures should be made to the volunteer manager. If the disclosure relates to the line manager or volunteer manager, the disclosure should be made to a trustee.

Once a disclosure has been made, the recipient of the disclosure will hold a meeting with the whistleblower to gather all the information needed to understand the situation. In some cases, a suitable conclusion may be reached through this initial conversation. In more serious cases, there may be a need for a formal investigation.

The trustees commit to acknowledging receipt of the disclosure within 5 working days and to arranging for a meeting to be held within 20 working days. Conclusion of the matter beyond this will depend on whether a more detailed investigation is required.

The trustees commit to treat all disclosures consistently and fairly. They also commit to take all reasonable steps to maintain the confidentiality of the whistleblower where it is requested (unless required by law to break that confidentiality)

Support for and feedback to the whistleblower

The trustees will ensure that support is provided to the employee/volunteer during what can be a difficult or anxious time with access to mentoring, advice and counselling, where appropriate and required. In addition, they will assure the whistleblower that their disclosure will not affect their position at work or their voluntary position. The trustees will document whether the whistleblower has requested confidentiality and will manage the expectations of the whistleblower in terms of what action and/or feedback they can expect as well clear timescales for providing updates. They will produce a summary of the meeting for record keeping purposes and provide a copy to the whistleblower. They will allow the employee to be accompanied by a trade union representative or colleague at any meeting about the disclosure, if they wish to do so. The trustees will provide support services after a disclosure has been made such as mediation and dispute resolution, to help rebuild trust and relationships in the workplace. The trustees will also ensure that any decisions or action taken following a disclosure by an employee are documented.

Anonymous whistleblowing

There may be good reasons why a whistleblower wishes their identity to remain confidential. The trustees will maintain that confidentiality, unless they are required by law to disclose it. Managers dealing with whistleblowing concerns should be briefed to ensure they understand how to handle the disclosure and protect personal information. It will help to manage the expectations of whistleblowers if the risk that some colleagues may still speculate about who has raised the concern is explained to them.

Anonymous information is just as important for organisations to act upon. Whistleblowers should be made aware that the charity’s ability to ask follow-up questions or provide feedback will be limited if the whistleblower cannot be contacted. It may be possible to overcome these challenges by using telephone appointments or through an anonymised email address. Employees should be made aware that making a disclosure anonymously means it can be more difficult for them to qualify for protections as a whistleblower. This is because there would be no documentary evidence linking the employee to the disclosure for an employment tribunal to consider.

The trustees commit to ensure that victimisation of a whistleblower is not acceptable. Any instances of victimisation will be taken seriously and managed appropriately.

Information available for whistleblowers

Should anyone consider blowing the whistle, they might wish to consider the following advice:

• Government guidance on whistleblowing for employees – https://www.gov.uk/whistleblowing

• Acas guidance on whistleblowing – https://www.acas.org.uk/whistleblowing-at-work/how-to-make-a-whistleblowing-disclosure