Constitution for the Hastings and Rother Health & Social Care Forum 1 Mission Statement The Hastings and Rother Health & Social Care Forum was created to welcome and embrace all voluntary and community groups who are involved in Health and Social Care activities in the Hastings and Rother area; To bring together representatives and organisations working within the sector to become a unit that interacts with both the statutory and the community it represents. To undertake the delivery of the voice from our Forum to all agencies and sectors within the vista of Health, Care and Well Being themes. 2 INDEX Clause 1 Name Page 4 Clause 2 Area of benefit Page 4 Clause 3 Aims & Objectives Page 4 Clause 4 Powers Page 5 Clause 5 Membership Page 5 Clause 6 Forum Management Committee Page 5 Delegation: sub groups Clause 7 Meetings Page 6 Page 7 Attendance at meetings Page 7 Committee and Forum meetings Page 7 Annual General Meeting Page 7 Special General Meeting Page 8 Clause 8 Quorum Page 8 Clause 9 Voting Page 9 Clause 10 Elections Page 9 Resignations Page 10 Clause 11 Declarations of Interest Page 10 Clause 12 Equal Opportunities Statement Page 12 Clause 13 Administration and Finance Page 13 Clause 13a Finance Page 13 Clause 14 Amendments to the Constitution Page 11 Clause 15 Dissolution Page 12 Clause 16 What can we do, if this constitution is not clear? Page 12 3 Constitution of Hastings & Rother Health and Social Care Forum Introduction This constitution has been developed to set out the aims, objectives and operating processes of the Hastings & Rother Health Social Care Forum. Although it contains all the legal requirements of a Constitution it is deliberately written in a clear and simple way so that our procedures can be made as clear as possible to our members, partners and supporters. Adopted on the 13th day of October 2009 1) Name The name of our Association will be the Hastings & Rother Health and Social Care Forum (H&RH&SCF), referred to in this document as the Forum. 2) Area of benefit The area of benefit for the Forum will be the Hastings and Rother area as defined on the map at appendix A. 3) Aims and objectives Aims 1. To engage with all Health and Social Care voluntary and community groups. 2. To be a conduit for information. 3. To encourage close working between groups. 4. To represent the views of the voluntary and community sector whenever there is an opportunity to do so. 5. To seek to ensure representation on all bodies/committees dealing with Health and Social Care which have a place for the voluntary and community sector. 6. To enable the Forum to be recognised as the body that statutory agencies consult with and contact for information concerning the voluntary and community sector on health and social care issues. 7. To strive to ensure our voice is heard and listened to by statutory agencies. Objectives a) All member groups to be encouraged to actively participate in the Forum and have their voice heard to assist them in achieving their aims. b) To be reactive to legislation on Health and Social Care issues and how it affects Hastings and Rother. 4 c) To be proactive in proposed changes in Health and Social Care in Hastings and Rother. d) To strive for improvement in services and fight reductions and closures. 4) Powers The Management Committee must manage the business of the Forum and they have the following powers in order to further the Objects (but not for any other purpose): a) to raise funds. In doing so, the Forum must not undertake any substantial permanent trading activity and must comply with any relevant statutory regulations; b) to buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use; c) to sell, lease or otherwise dispose of all or any part of the property belonging to the Forum d) to co-operate with other charities, voluntary bodies and statutory authorities and to exchange information and advice with them; e) to set aside income as a reserve against future expenditure but only in accordance with a written policy about reserves; f) to obtain and pay for such goods and services as are necessary for carrying out the work of the Forum; g) to do all such other lawful things as are necessary for the achievement of the Aims and Objectives; 5) Membership (Group) There is no formal membership process for the Forum. Any voluntary and community group working in the field of health and social care, in Hastings and Rother, and wishing to attend meetings and networking events are welcome. All groups attending networking events will be added to the Forums mailing database. This list will be reviewed every two years. 6) Forum management committee: a) Day-to-day running of the Forum will be invested in the management committee. b) The management committee will be elected following the procedure laid down in clause 10 of this constitution. c) The management committee will consist of a minimum of 5 and a maximum of 10 elected representatives, including officers and chairs of sub groups. Officer positions will be decided at the first management committee meeting after the AGM. d) The management committee will ensure a regular programme of meetings and/or events take place each year. e) The Management Committee will formulate policies as appropriate to the Forum, including, but not only, a financial policy, a swift response policy for emergency items and a code of conduct. 5 Delegation: Forum sub committees1: The Management Committee may appoint one or more sub-committees for supervising or performing any activity or service. In each such case:a) the Management Committee will define the terms and reference of the sub-committee and may also determine its composition and the duration of its activities; b) the Management Committee may impose conditions when delegating, including the conditions that; The relevant powers are to be exercised exclusively by the committee to whom they delegate; No expenditure will be incurred on behalf of the Forum except in accordance with a budget previously agreed with the Management Committee. c) The Management Committee may revoke or alter a delegation at any time. d) All acts and proceedings of the sub-committees shall be reported to the Management Committee in the agreed manner e) All sub committees will be chaired by a member of the Management Committee. 7) Meetings: Attendance at Meetings All groups working in the Health and Social Care sector are welcome to any public/networking events and observe meetings organised by the Forum. The only occasion where such attendance would be restricted is where the Management Group – by a majority vote - consider that the behaviour of a group representative is such that it would affect the smooth and professional conduct of the Forums business or that the matter being discussed should be considered confidential. This would be a rare event but we think there might be circumstances where it would be necessary because:The matter under discussion is of a sensitive nature and an open discussion might hinder the Forums ability to conduct its business The matter under discussion affects an individual and the Management Committee think that holding that discussion in an open meeting would cause them distress 1 Sub committees as at 2009 – VOSOP, Counselling Forum, Children and Families Reference Group 6 The Forum has a legal obligation to maintain confidentiality to fulfil its objectives. If it is thought necessary to conduct a meeting in “closed session” the reasons for this shall be clearly explained by the Chair (or other Management group member making the proposal) and a majority vote will be taken before any observers or visitors are asked to leave the meeting. Except for the rare cases where it might be necessary, the Forum commit to keeping groups informed of its work through the publication of relevant information such as newsletters, reports, minutes, e-mails, web-site information. Forum Management group meetings: There will a minimum of 6 committee meetings and 6 networking events per year, the purpose for which will be: Committee meetings: to discuss and decide on the day-to-day administration and financial affairs of the Forum to direct the work of the Forum administrator (when in post) to receive reports from Forum sub committees to plan and deliver networking events to recommend representatives to fill casual vacancies Networking events will be planned to coincide the Healthier Hastings Partnership Board: Networking events: to provide opportunities for groups working in the Health and Social Care sector to meet and discuss issues and topics; to deliver, or to arrange for speakers to deliver, presentations on topical subjects; to provide briefing papers where appropriate to canvass opinion of front line groups to inform the strategic planning of H&RSCF to elect representatives to sit on statutory/advisory committees/panels to ratify representatives filling casual vacancies AGM: see also clause 10 a) The minutes of the previous AGM will be presented and approved; b) A review of the activities of the Group will be given; c) The existing Committee will stand down; d) The Officers and Committee for the next year will be elected and we will aim to have an independent person available to take the election; e) Any amendments to the Constitution will be voted on f) We will appoint an external scrutineer to make sure that all expenditure and income is recorded and that we have good systems for looking after any funding we have. 7 g) We will invite questions, comments and discussion from our members to help steer our work and priorities for the next year h) If there is no-one willing to stand, the Committee will decide whether to start procedures to close the Group down. Alternatively, the Committee can continue in office to try and redevelop the Group for up to 6 months. It is the responsibility of the Committee to recruit a new Committee or formally dissolve the Group within that period. Special General Meetings: The Management Committee may call a special general meeting at any time. The Management Committee must call a special general meeting if requested to do so in writing by at least 5 groups of Forum. (who are on the Forum database). This could be in the form of a letter signed by 5 groups. The request must state the nature of the business that is to be discussed. The Chair will ensure that the meeting is held within 21 days and that all groups are given 14 days prior notice. If any motion or proposal is being advanced this will be circulated to all groups on the database in advance of the meeting so that as many people as possible can participate in any discussion or vote. If the Management Committee fails to hold the meeting within twenty-eight days of the request, the members may proceed to call a special general meeting but in doing so they must comply with the provisions of this constitution 8) Quorum To make a decision at a meeting the number of representatives needed will be: Management Committee meetings: 3 or 1/3rd of the elected management group, whichever is the greater If: a quorum is not present within half an hour from the time appointed for the meeting; or during a meeting a quorum ceases to be present, the meeting shall be adjourned to such time and place as the management group shall determine. a) The Management committee must reconvene the meeting and must give at least seven clear days’ notice of the reconvened meeting stating the date, time and place of the meeting. b) If no quorum is present at the reconvened meeting within fifteen minutes of the time specified for the start of the meeting the members present at that time shall constitute the quorum for that meeting. 8 General meetings/networking events: No quorum is required for a general meeting to take place, however for a decision requiring a vote a minimum of 7 groups need to be present 9) Voting – Management committee and general meetings a) The Forum will try to work by consensus (i.e. we will try to come to an agreement) but where this is not possible, decisions will be made by majority vote. b) Each group has one vote. c) In the event of a tied vote the Chairperson of the meeting shall decide on whether the issue would benefit from further discussion. In the event of an issue being dead-locked the Chairperson will have a casting or deciding vote. 10) Elections: a) All voluntary and community groups on the Forums mailing (database) list will be eligible to put forward a representative to sit on the Management Committee. b) All groups on the database will be eligible to vote for representatives to sit on the Management Committee c) Elections will take place annually in February . The February networking meeting will be the Forum Annual General Meeting (AGM). The AGM will elect a minimum of five people, maximum of 10, to serve as Management Committee members. Officers and other roles will be decided at the first Management Committee meeting after the AGM. Each member of the Management Committee will retire with effect from the conclusion of the second annual general meeting next after his or her appointment but shall be eligible for re-election at that annual general meeting. Each of the committee members will serve for two years, but, to enable the rolling programme of elections to begin, some members may, in the first year, be asked to stand down before the end of their term of office is complete. The Management Committee will determine, by a process agreed by them, which committee members will be asked to stand down in the first year. Officer positions, namely Chair, Vice-chair, Treasurer and Secretary are time limited positions. Each of these roles can be held for no more than 6 sequential years, after which a period of 1 year must lapse, before they can be re-appointed to an officer role. 9 Timescale: Groups wishing to send a representative to sit on the Management Committee will be asked to provide the name of the person put forward and a personal statement of no more than 300 words, from that person, by the end of November. Voting papers will be sent to each group, together with personal statements of those wishing to be elected to the Forum Management Committee, at the beginning of January, to be returned no later than the end of January. February Forum network event – elections held, following the format laid down by the Management Committee. Forum Management Committee – resignations Should a Forum Management Committee member resign/leave their position mid-way through their term, the Management Committee can fill the position by making recommendations for these casual vacancies to be filled, so long as this decision is ratified by those attending the next networking event. 11) Declarations of Interest: Committee members need to be aware of areas of discussion and decision which could give rise to a conflict of interest. A representative in such a position needs to declare an interest in the subject. The Management group then need to decide whether the representative should withdraw from the discussion/ decision, or whether they can contribute but not have a vote on the subject. 12) Equal Opportunities Statement: We want people from different backgrounds and with different experiences to be part of the Forum. To make this happen we will; a) strive to make the Forum a place where anyone can feel welcome and safe; b) challenge any remarks or behaviour that causes offence and makes some people feel unwelcome; c) do our best to overcome any obstacles to people in giving their view or getting involved in the Forum; d) review this statement regularly, and according to our policy review schedule and to ensure that we are doing everything we can to include as many people as possible; e) communicate in a clear and simple way and try to avoid jargon or language which may not be clearly understood; f) monitor and review our policies and procedures to ensure that any inequalities are identified and solutions sought. 10 13) Administration & finance: Hastings Voluntary Action (HVA), as the Lead Agency approved by the Hastings & Rother NHS, will provide appropriate administrative, financial and professional support to the Forum, including: a) the regular provision of agendas, minutes, briefing papers, financial reports and other material to facilitate the effective operation of the Forum; b) providing a member of staff to take minutes; c) appropriate material to enable the Forum to obtain information in an appropriate format; d) administration of funding held on behalf of the Forum and as directed by the Forums Management Committee, so long as such spending is within the agreed budget, or to comply with any contract or funding agreement which the Forum may have entered into. Claims for payments out of funds held by HVA will be made in accordance with the procedures laid down in the Forums financial policy; e) Out of pocket expenses will be paid in accordance with the procedures laid down in the Forums financial policy. HVA can only be committed to its role for as long as it receives funding. 13a) Finance The Forum will ensure that there is a written finance policy. a) The Forum/Management Committee can raise funds on behalf of the Forum as they see fit, as long as all funding is used in line with the aims and objectives of the Forum. b) We will open a bank account that provides a cheque book for the Forum and we will nominate a minimum of 2 signatories for all cheques c) The signatories must not be members of the same household d) The Forum will keep receipts for all funds paid out. e) Any expenses incurred must by approved by the Management Committee prior to purchase 14) Amendments to the Constitution: This constitution may only be amended at a Forum AGM. If anyone wants to make any amendments to this document, they have to put them in writing and send them to the Chair, stating the changes and the reason for the amendment(s). The Chair will ensure that the amendment(s), together with supporting explanation, are sent to all groups giving 21 days clear notice of the meeting. Any resolution to amend this constitution must be passed by not less than two thirds of the members present and voting at an AGM. Changes to the Constitution must not weaken the Forums commitment to equal opportunities, nor change the aims and objectives to the extent that they no longer reflect the original intentions behind setting up the Forum. 11 15) Dissolution a) The Forum may only be dissolved at an open meeting, to which all the groups are invited. b) All groups have to be informed that a decision about the future of the Forum will be on the agenda. c) It is the responsibility of the Chair to ensure that all groups are informed in advance of the meeting and its purpose. d) A proposal to dissolve the Forum will only be carried if agreed by two thirds of the groups present. e) All outstanding bills will be paid. f) The remaining funds and possessions, after returning any funding to the appropriate funder, will be assigned to a not for profit organisation whose work most closely aligns with the Forums aims and objectives. 16) What we can do, if details are not clear: Any interpretation of this document or any additional points not covered as yet will be decided by a majority vote of the Forum Management group, and ratified by the groups at the next Forum networking event. 17) Arrangements until first annual General Meeting. Until the first annual general meeting takes place this constitution shall take effect as if references in it to the Management Committee were references to the persons whose signatures appear at the bottom of this document. This constitution was adopted on the 13th October 2009 by the members present at the meeting and as documented by the signing in list attached, and signed on behalf of those persons by the chair of the meeting. ………………………………………………………………………………………. Chair of the meeting Roger Sweetman 12