An investigation into Trust led involvement in place-keeping By Emily Redmond and Chris Wainwright View of Redmires Reservoirs from Wyming Brook Nature Reserve, Sheffield (managed by Sheffield Wildlife Trust)
Today’s presentation • Introduction • Definitions • Key features • Trust creation and structure • Friends of Groups and Trusts • UK Trust scales • Advantages of Trusts in place-keeping • Trust dimensions • Sheffield case studies • Discussion
Introduction Partnership: ‘An association of two or more partners who have agreed a shared responsibility for place- keeping’ (Dempsey and Burton 2012). • Introducing the Trust • Trusts are simple in theory, but complicated in practice.
Definitions What is a Trust? A Trust is a legal device that provides a means of holding property or assets transferred from one party to another party, for the benefit of a third party, and which governs how these assets are utilised. (Business Link 2012a).
Key Features • Consist of trustees (legal owners who are liable for Trust property) • Created by a legal document called a ‘Trust Deed’. • Assets may be ‘locked’ only to be used as stated in the Trust’s terms of reference. • Can have Charitable status. • Eligible for a range of financial support.
Trust Creation and Structure National Local Non-departmental Community Charity Government Government public body E.g. QUANGO Legal structure Unincorporated Incorporated Sister Friends of Group Trust Deed organisation Company Community Community Charitable Limited By Interest Benefit Incorporated Guarantee Company Society Organisation (CIC) (CBS) (CIO) Publicly constituted Self-forming Charitable Trust Privately-constituted
Friends of Group or Trust? Friends of Groups Trusts (Unincorporated) (Unincorporated) Informal Formalised by Trust Deed Purpose: group working together for a Purpose: to hold assets particular site or issue ‘Special Type’ of Unincorporated • No legal ownership. • Assets legally owned by Trustees • Governed by own rules- not legally • Established and governed by Trust binding. Deed ; a legally binding document • No legal identity • No legal identity • Members liable • Trustees liable • Variety of funding but constrained by • Variety of funding limited governance and legal status • Can set up Asset Lock to protect assets • Can set up legally binding Asset Lock to for community benefit protect assets for community benefit • Can become a Charity if meet Charity • Can become a Charity if meet Charity Commission criteria Commission criteria
UK Trust Scales NATIONAL The Royal Royal Waterways National The Conservation Society of Society for Land Woodland Countryside Trust Trust Federation of Wildlife the Volunteers Trust Trust Restoration Groundwork and BTCV Trusts Protection of Trust Trusts (RSWT) Birds (RSPB) Yorkshire Groundwork REGIONAL Wildlife Trust South (YWT) Yorkshire Sheffield Groundwork Groundwork Wildlife Trust Sheffield Dearne Valley LOCAL (SWT) Wildscapes CIC Heeley Sheffield General Bankside Open Warley Woods Tarvin Nene Park Bewdley Development Cemetery Trust Spaces Trust Community Trust Community Trust Development Trust Limited Woodland Trust Trust CIC SITE/ISSUE White Horse Potters Fields Sheffield Manor and Castle The Parks LED Green People Exhibition Park Botanical Development Trust Trust, Milton Torbay Coast Limited and Management Gardens Limited Keynes and Countryside Brandlings Trust Trust/Limited Trust Parks Trust KEY Publicly constituted Privately constituted Company Limited by Guarantee Private Limited Company Not registered as a charity Community Interest Company (CIC) Incorporated by Royal Charter
Advantages of Trusts in Place-keeping • Can legally hold property/assets. • Eligible for grants and funding that Local Authority are not. • Valuable volunteer workforce. • Benefit from membership fees and fundraising. • More formalised than Friends of Groups, with improved legal status and governance. • Take advantage of community passion, support and knowledge. • Vehicle for harnessing community involvement.
Trust Dimensions • Partnerships • Governance • Policy • Finance • Evaluation • Design, Maintenance and Management
Partnerships Strengths: Weaknesses: •Strong community links •Can become fraught and identity •Potential unreliable •Political independence volunteer workforce •Mutually supportive Opportunities: Threats: •Working together to •Funding cuts achieve common aim. •Not formalised •Sharing good practice. •Conflict of aims and •Developing facilitator role. agendas •Attract funding •Benefits through association
Governance Strengths: Weaknesses: •Governed by Trust Deed •Trustees not always and Trustees. elected. •Supports asset transfer. •Dependant on knowledge and skills of Trustees. Opportunities: Threats: •Act as facilitator to share •Funding cuts impacting on good governance. resourcing and time. •To develop skills through training.
Policy Strengths: Weaknesses: •Guided by internal policies •Difficulty evolving policies •Develop local / national • Trustees not up-to-date policies with external policies Opportunities: Threats: •Supporting local / national •Gap between policies and policies in place-keeping reality •Area-based initiatives support place-making rather than place-keeping
Finance Strengths: Weaknesses: •Charitable Trust – tax •Time needed to establish benefits membership •Potential to access range •Smaller Trusts lack of income sources capacity to complete •Valuable Volunteer funding applications workforce Opportunities: Threats: •Available grants shrinking •Match funding •Increased competition •Income generation through •Difficulties accessing long- assets and rents term revenue funds (eg •Establish trading arm staffing) •Develop innovative •Funding – restricted by processes terms & conditions
Evaluation Strengths: Weaknesses: •Strong community links •Lack of capacity to and involvement undertake Opportunities: Threats: •Awards - increase •Funding cuts credibility and incite •External factors out of motivation Trust’s control •Tool to attract / reassure partners and funders •Guide governance
Design, Management & Maintenance Strengths: Weaknesses: •Strong community links •Over ambitious and involvement •Reliance on volunteers •Motivation promotes •Pressure to source funding longevity •Capacity to change Opportunities: Threats: •Develop innovative •Difficulty accessing long- approaches term revenue funding •Change public perceptions of issue / site
Sheffield Case Study: Sheffield Wildlife Trust Trust owned land: Greno Woods Wyming Brook Nature Reserve Ongoing management Reactive maintenance Community involvement
Organisational Diagram Royal Society of Wildscapes Wildlife Trusts CIC (1991) Sheffield City Administration, Finance and Wildlife Group Sheffield Wildlife HR Team and Officer (1985) Trust (SWT) (1991) Biodiversity Team Community Engagement and Learning Team Youth Participation Team 12 Trustees of 12 Directors of Charity company Executive Team Land Management Team 5,500 Reserve Advisory Volunteers Members Group Education team Marketing and Communications team Membership team Fundraising team KEY Chief Executive Company Limited by Guarantee Community Interest Company (CIC)
Youth Groups M, S. Groundwork Trusts M, S. Reserve Advisory Groups Network (RAGs) M, S. Friends of Groups M, S. National Trust M, F, FO, S. Involvement Diagram Sheffield Partnership for Voluntary Action Sheffield Royal Society for the Rivers in Town (VAS) M, S. Protection of Birds (RSPB) Environments (SPRITE) M, S, M, F, FO S. British Trust for Conservation Peak District National Park Green Estate FO, M, S. Volunteers (BTCV) M, S. Authority (PDNPA) M, S. Our members M, F, S Voluntary Sector Royal Society of Wildlife Trusts M, F, S. Sheffield Wildlife Sheffield Private Sector Trust (SWT) Environment Group of the Forgemasters Local Strategic Partnership S, M, F. KEY DLA Piper M, S. Key for strength of link with organisation Public Sector (1 being weak and 5 being strong): University of Sheffield M, S. 1 2 3 4 5 Environment Agency F, M, S Outokumpu Nature of relationship: M, F, S. Rotherham Metropolitan S: Shared Interest Borough Council FO: Formal partnership/agreement S, F, M, FO. M: Mutually supportive Sheffield Hallam A: Advice University M, S. Natural England F: Funding F, M, FO, S Current partnership Sheffield City Council Parks & Countryside S, F, M, FO. Previous partnership South Yorkshire Forest Activity Staff E.g. Rangers Partnership F, M, FO, S Potentially vulnerable partnership Planning & Development Sheffield Futures M, S. Reciprocal relationship Unbalanced relationship (arrow is drawn in the direction Forestry Commission F, M, of the partner who gains more from the relationship) FO, S.
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