For the public benefit:
can you prove it?
About ACEVO
Charitable Uses Act 1601 (also
known as the Statute of Elizabeth)
• The relief of the aged, impotent and poor people;
• The maintenance of sick and maimed soldiers and
mariners, schools of learning, free schools and scholars in
universities;
• The repair of bridges, ports, havens, causeways, churches,
sea-banks and highways;
• The education and preferment of orphans; the relief, stock
or maintenance of houses of correction;
• The marriages of poor maids;
• The supportation, aid and help of young tradesmen,
handicraftsmen and persons decayed;
• The relief or redemption of prisoners or captives;
• And the aid or ease of any poor inhabitants concerning
payment of fifteens, setting out of soldiers and other
taxes.
What the 2006 Act says…
‘Charitable purposes’ that are ‘for the
public benefit’
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the prevention or relief of poverty;
the advancement of education;
the advancement of religion;
the advancement of health or the saving of lives;
the advancement of citizenship or community
development;
• the advancement of the arts, culture, heritage or
science;
• the advancement of amateur sport;
• the advancement of human rights, conflict
resolution or reconciliation or the promotion of
religious or racial harmony or equality and
diversity;
• the advancement of environmental protection or
improvement;
• the relief of those in need, by reason of youth,
age, ill-health, disability, financial hardship or
other disadvantage;
• the advancement of animal welfare;
• the promotion of the efficiency of the armed
forces of the Crown, or of the efficiency of the
police, fire and rescue services or ambulance
services;
• other purposes currently recognised as
charitable and any new charitable purposes
which are similar to another charitable purpose.
Public Benefit
• 'Public benefit' is the legal
requirement that every
organisation set up for one or more
charitable aims must be able to
demonstrate that its aims are for
the public benefit if it is to be
recognised, and registered, as a
charity in England and Wales.
Two principles
Principle 1: There must be an identifiable
benefit or benefits
Principle 1a: It must be clear what the benefits are
Principle 1b: The benefits must be related to the
aims
Principle 1c: Benefits must be balanced against any
detriment or harm
Principle 2: Benefit must be to the public, or a
section of the public
Principle 2a: The beneficiaries must be appropriate to the
aims
Principle 2b: Where benefit is to a section of the public,
the opportunity to benefit must not be unreasonably
restricted:
• by geographical or other restrictions or
• by ability to pay any fees charged
Principle 2c: People in poverty must not be excluded from
the opportunity to benefit
Principle 2d: Any private benefits must be incidental
Duty of Trustees
Charity trustees must:
• ensure that they carry out their charity's
aims for the public benefit;
• have regard to CC guidance on public
benefit (when they exercise any powers
or duties where that may be relevant);
and
• report on their charity's public benefit in
their Trustees' Annual Report.
Guardian - 2009
Private schools face losing charitable status
over lack of free places
Four charities – two private schools and two care
homes – will learn today that they have failed a
"public benefit" test to justify their charitable status,
after the first 12 inspections by the Charity
Commission
The private schools are criticised for failing to provide
enough bursaries, while one of the care homes was
found to be operating as a hotel rather than a
residential facility for the elderly and infirm.
Current case
• Independent Schools Council granted a
judicial review of the Charity Commission’s
guidance on fee charging charities
• “The Independent Schools Council says the
Charity Commission made an error of law
by interpreting the term "public benefit" to
mean that those in poverty should not be
excluded, and is hoping for the condition to
be removed from the guidance as a result
of the case.”
Demonstrating your impact
“The Board has reviewed the Charity
Commission’s general guidance on
public benefit.”
Is that enough?
Drivers for improving
board performance
Challenge of Accountability
– Greater role in the
delivery of public
services
– New market structures
– Greater demands from
our funders and donors
to demonstrate impact
– More information
available to the public
– Continuous
improvement for the
organisation
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Transparency Manifesto:
1. Our organisation demonstrates the change it is trying to bring
about, how it works to
bring about that change, and the progress it has made so far.
2. Our communications are transparent, accurate and written so
that they can be
understood by their intended audiences.
3. Our leadership champions a commitment to accountability and
transparency.
4. Our organisational structure, including trustees, is easily
accessible to the public, and we list key responsibilities for senior
staff members.
5. Our trustee report and annual accounts are prepared to
statutory requirements and submitted on time.
6. Relevant information (e.g. annual report, accounts, impact
report) is easily accessible ideally no more than 3 keystrokes
from our website’s homepage.
7. Our organisation monitors and evaluates what it does,
and shares its learning.
8. Our organisation provides mechanisms for stakeholders to
help shape what it delivers.
9. Our organisation publishes an easily accessible
suggestions and complaints procedure for beneficiaries and
supporters.
Five principles
• What is the problem you are trying to solve?
• What are you doing to solve the problem/What are your
activities/services?
• How does what you do create change/What is your
theory/hypothesis on this?
• How are you doing against your goals/What progress
have you made? How do you know this?
• Evidence of learning- If you had to stop doing one thing
what would that be? What has the organisation changed
from the lessons it has learnt?
Background to the theory of
change
• The objective of the theory of change is to
map ACEVO’s activities to its outcomes. This
results in a set of outcomes that ACEVO as an
organisation aims to achieve.
• These outcomes form the basis of the
evaluation framework – they provide a set of
things that ACEVO can track progress towards.
• These slides show the theory of change
mapping that we did for ACEVO.
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Theory of change overview
ACEVO’s activities
ACEVO’s internal and intermediate outcomes
Members run
more effective
services for
beneficiaries
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Members run
their
organisations
better
ACEVO improve the
environment in which
third sector leaders
operate
The third
sector
thrives
Theory of change for support work
Members feel part of a
peer group
ACEVO’s
support
must be
good
Helplines
Members
must be
aware of
the
existence
of
support
Emotional
Support
Members
must
need the
support
Support from
professionals
CEOs feel supported
by existence of
practical and
emotional support
CEOs receive useful
emotional and
practical support
Members feel more
confident and happier
in running organisation
Members have access
to expertise they need
Mentoring
Consultanc
y from
corporate
partners
CEOs receive relevant
emotional and
practical support
Members run
their
organisations
better
Members develop skills
they need as CEO
Members run
more
effective
services for
beneficiaries
CEOs receive reliable
emotional and
practical support
CEOs receive timely
emotional and
practical support
The third
sector thrives
Theory of change for peer support
ACEVO
must have
an active
membersh
ip
Learning from
outside
membership
Members feel part of a
peer group
Members
develop
their own
networks
Conferences
ACEVO
events must
have a good
reputation
for
networking
ACEVO must
know the
problems its
members
face
Special interest
groups
Courses
Peer learning
Members meet
people in a similar
position (other
CEOs & leaders)
Members
have sense
of solidarity
from talking
to other
CEOs
Members
learn from
other CEOs
Members
identify
opportunitie
s for
partnership
and
collaboration
Members feel more
confident and happier
in running organisation
Members have access
to expertise they need
Members run their
organisations better
Members run more
effective services for
beneficiaries
The third
sector thrives
Theory of change for information and
training
Lobbying CEOs to
improve
ACEVO
knows
what its
members
need
informati
on on
CEOs
understand
room for
improvement
Conferences
Courses
CEOs want to
improve
Publications
Members
know
where to
find
informati
on
The third sector
thrives
Research
Website
Members
access
information
Members feel
more
confident and
happier in
running a
organisation
Members
develop skills
they need as
CEO
Training
Members run
more effective
services for
beneficiaries
Members feel
more confident
and happier in
running a
organisation
Ad hoc enquiries
Disseminating
relevant
information
Members run
their
organisations
better
Members feel
informed
Members feel
part of a peer
group
Theory of change for press and
policy work
ACEVO
must
know
what its
members
want
ACEVO
must
know the
right
people to
influence
& have
good
relationsh
ips with
them
ACEVO
must have a
good profile
ACEVO
must
understand
policy
environmen
t & context
for decision
makers
Contact with
decision-makers
including written
briefings
Enquiries,
commissions and
reports
Responding to
consultations
Helping members
raise their agenda
with decisionmakers
Policy-makers
and public aware
of and value third
sector’s work /
contribution
Policy-makers
and public
aware of issues
affecting third
sector
Networking
Policy-makers and
public well
informed on
issues and
possible solutions
Contact with
influencers
including written
briefings
Policy-makers
and public see
the need for
change
Press work
The standing and
perception of the third
sector amongst
decision-makers & the
public is improved
ACEVO
improves the
environment in
which third
sector leaders
operate
Policy is
changed
Members feel
valued and
respected for
work
ACEVO’s
influence is
raised
Members run
their
organisations
better
Members run
more effective
services
beneficiaries
The third
sector
thrives
ACEVO’s measurement plan
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An annual survey of members;
Survey of non-members;
An annual survey of former members;
Case studies;
Course and conference evaluations;
Website and helpline analysis;
Press analysis;
Interviews with journalists and policy-makers;
Interviews with third sector leaders; and
Impact anecdotes.
Any questions
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