Recruiting new trustees: your questions answered

and would still like to volunteer, such as a governor, teacher or a child’s close relative, can join the charity as affiliate members. This would entitle them to be elected as trustees at a general meeting or co-opted by the committee.

Similarly, with the Alliance model constitutions, employees can be elected as trustees. While they cannot be involved in meetings regarding employment issues, they can guide other trustees on matters relating to early years provision. They can also take on the role of the nominated person with Ofsted.

If this is undertaken, the setting will need to follow the Charity Commission guidance on managing conflicts of interest and trustee expenses and payments.

G: What advice do you have for managing regular changes and a high turnover of trustees?

M: Regular changes to trustees can affect the smooth running of the group. To provide stability, parents whose children have left the group could be invited by the committee to become affiliate members of the charity.

Under the Alliance model constitutions, employees of the charity can also become affiliate members and stand for trustee elections.

It is important to have a good handover between trustees. As new trustees must be confirmed as suitable by Ofsted, there is usually a natural period of overlap where they can be supported by outgoing trustees and observe committee meetings (provided information of a confidential nature is not discussed in their presence).

I would advise any prospective trustee to familiarise themselves with the charity’s governing document, which provides the rules all trustees must follow.

G: How about the opposite? Can there be too many nominations?

M: Too many trustees can be difficult to manage. I would advise appointing a main trustee board that is legally responsible for the setting. You can then create subcommittees – a fundraising committee, for example. Members of subcommittees do not have to complete DBS checks or EY2s.

We recommend at least one charity trustee attends subcommittee meetings so they can pass any information to the board and seek permission to run events.

G: What if a trustee wants to step down mid-term?

M: Trustees should put their resignation in writing to the committee. Because an individual’s personal circumstances may change, the Alliance’s governing documents do not set a specific notice period. However, it is recommended that the letter clarifies the date and, if they hold an officer role, the position they wish to resign from.

The remaining trustees will need appoint another member to take over the position until the next AGM by passing a majority vote at a committee meeting.

If the resignation would result in the number of trustees falling below the minimum of five members required by the constitution, then a new trustee would need to be appointed before the resignation is formally accepted. This is to prevent the charity being left with too few trustees to manage its affairs. Leaving the charity in such circumstances could risk personal liability.

G: Does a setting need to have officers on the committee?

M: If you are running as an unincorporated charity or a charitable company then you need three officers. However, if you become a CIO, you no longer need officers and all duties are shared among the trustees.

G: When appointing officer roles, what happens if one of the roles is not taken?

M: You can operate for a short while without a named officer, as long as you are actively trying to recruit new officers.

There is no specific requirement for officer roles to be filled by parents and carers of children currently at the setting. Anyone with the interest and skills needed can be accepted as affiliate members by agreement of the committee.

It is also important to note that all trustees are equally responsible for the smooth running of the charity, and this responsibility does not rest with the officers alone.

At the Alliance, we have some useful miniguides outlining the role of charity trustees. Members can access free online training for trustees, staff and volunteers via tinyurl.com/U5-EYACentral.

• Volunteering as a charity trustee (tinyurl.com/U5-volunteeringtrustee) is a template document that can be adapted to fit your setting and used to inform new trustees of the key elements of their role.
• Safeguarding responsibilities of charity trustees (tinyurl.com/U5-safeguardingminiguides) outlines the specific safeguarding responsibilities for the trustees and directors of a charity-run provision.
  

For more support with managing trustees, you can contact the Alliance by emailing connect@eyalliance.org.uk or telephoning 0207 697 2500.