Sunday, February 04, 2007

Revolving in her grave

The Statute of Charitable Uses Act (1601), 43 Elizabeth I c. 4
An Acte to redresse the Misemployment of Landes Goodes and Stockes of Money

heretofore given to Charitable Uses

"An Acte to redresse the Misemployment of Landes Goodes and Stockes of Money heretofore given to Charitable Uses

Whereas Landes Tenementes Rentes Annuities Profittes Hereditamentes, Goodes
Chattels Money and Stockes of Money, have bene heretofore given limitted appointed and assigned, as well by the Queenes most excellent Majestie and her moste noble Progenitors, as by sondrie other well disposed persons, some for Releife of aged impotent and poore people, some for Maintenance of sicke and maymed Souldiers and Marriners, Schooles of Learninge, Free Schooles and Schollers in Universities, some for Repaire of Bridges Portes Havens Causwaies Churches Seabankes and Highwaies, some for Educacion and prefermente of Orphans, some for or towardes Reliefe Stocke or Maintenance of Howses of Correccion, some for Mariages of poore Maides, some for Supportacion Ayde and Helpe of younge tradesmen Handicraftesmen and persons decayed, and others for reliefe or redemption of Prisoners or Captives, and for aide or ease of any poore Inhabitantes concerninge paymente of Fifteenes, setting out of Souldiers and other Taxes; Whiche Landes Tenementes Rents Annuities Profitts Hereditaments Goodes Chattells Money and Stockes of Money nevertheles have not byn imployed accordinge to the charitable intente of the givers and founders thereof, by reason of Fraudes breaches of Truste and Negligence in those that shoulde pay delyver and imploy the same: For Redresse and Remedie whereof, Be it enacted by Aucthoritie of this presente Parliament..."
Not looking so good in 2007:

2. The Detainee Support and Help Unit was registered as a charity on 11 February 1999. Its objects in brief are:

(i) the relief of hardship of those detained by the Immigration Authorities by the provision of amenities such as interpreting, counselling, advice on money, benefits, housing, education training and employment and the provision of goods such as telephone cards, stamps and envelopes;

(ii) the provision of facilities for detainees’ education, social welfare and health;

(iii) to do everything possible within resources to allow for the education and protection of the rights of women , young people, asylum seekers, refugees and the disabled.

3. The charity operates from an office in Camberwell, South-East London. Its income for the financial year ending 31 December 2003 was £83,567, most of which came from grants. It was governed by a constitution dated 27 January 1999.

Issues

4. A programme broadcast on BBC 5 Live in February 2005 alleged that the charity’s paid Co-ordinator had facilitated the supply of false or stolen documents to an asylum seeker. The allegation was denied by the Co-ordinator. As a matter of course, the Commission reviewed its records of the charity. It also received advice from the Big Lottery Fund that it was freezing its grants at least until the BBC allegations had been settled.

5. Following the Commission’s review of the situation, it opened an inquiry under section 8 of the Charities Act 1993 on 1 March 2005. The causes for concern were:
▪ Governance matters, in particular the role of trustees
▪ Apparent lack of charitable activities
▪ Financial controls
...
15. There was a discrepancy in every month between the amount of expenditure recorded on bank statements and the expenditure listed from invoices and other sources, which was produced in monthly consolidated lists. The discrepancy for 2002/03 was £103,983.91. This amount was not supported by invoices or other paperwork. The oral explanations supplied to the Commission by the charity’s Co-ordinator, other staff and trustees for these differences were also unclear. It was therefore not possible to ascertain if funds were used for their stated purposes.

I suppose QE I's auditors had the advantage of non-electronic record-keeping:

17. During 2002 and 2003 a monthly payment of £80.00 was made to bookkeepers, but we could find no books or ledgers and none were made available to us. We were advised that the bookkeeper had maintained a spreadsheet but that there had been a catastrophic computer crash that had erased all the records.

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