Small Charities Coalition Risk management Catherine Rustomji Head of Third Sector North – Hempsons 12 June 2012 for more information visit us at www.hempsons.co.uk Agenda • Catherine Rustomji - Hempsons • Charity Commission • Compliance • Risk • Detlev Anderson - Ryecroft Glenton • Practical Example & CC26 The Regulator of Charities • Increase effectiveness and public confidence • Risk-based and proportionate approach • Target help and resources:• charity’s beneficiaries • services • assets • reputation The Charity Commission and Regulation • Ensure charities meet legal requirements and equipped to operate properly and within the law • Check charities are run for public benefit • Ensure independence and trustees take decisions free of control or undue influence • Detect and remedy serious mismanagement or deliberate abuse by or within charities Charity Commission’s Seven Principles • Accountability • Independence • Proportionality • Fairness • Consistency • Diversity and Equality • Transparency Charity Commission’s Objectives • Increase public trust and confidence in charities • Promote awareness and understanding of public benefit • Promote trustees’ compliance with the law in control and management • Promote effective use of charitable resources • Enhance accountability to donors, beneficiaries and the general public Risk – what do you need to know? • Trustee responsibility • Regular review and assessment • Effective governance • Risk appetite • Risk tolerance Risk Framework • Identify major risks • Decide how to respond • Include statement in annual report • Risk mapping/risk reporting But …. “However beautiful the strategy, you should occasionally look at the results.” Winston Churchill Catherine Rustomji Head of Third Sector North 0191 230 6052 c.rustomji@hempsons.co.uk Disclaimer • This presentation and any accompanying notes are made available on the basis that no liability is accepted for any errors of fact or opinion they may contain. Professional advice should be obtained before applying the information in particular circumstances. Small Charities Coalition Risk management – Practical Example & CC26 Detlev Anderson Charities Partner– Ryecroft Glenton 12 June 2012 Charities and Risk Management (CC26) www.charity-commission.gov.uk/publications/cc26.aspx Effective risk management means … • Trustees make informed decisions and take timely action • Charity makes most of opportunities • Forward and strategic planning are improved • Charity’s aims are achieved more successfully Stage 1: Establishing a risk policy “An effective charity regularly reviews and assesses the risks it faces in all areas of its work and plans for the management of those risks. The implementation of an effective risk management policy is a key part of ensuring that a charity is fit for purpose.” Stage 2: Identifying risks “Although there are various tools and checklists available, the identification of risks is best done by involving those with a detailed knowledge of the way the charity operates.” Types of Risk • Governance • Operational • Financial • External/environmental • Compliance Stage 3: Assessing risk “Identified risks need to be put into perspective in terms of the potential severity of their impact and likelihood of their occurrence. Assessing and categorising risks helps in prioritising and filtering them, and in establishing whether any further action is required.” • Previous CC guidance gave equal prominence to impact (y) and likelihood (x) so likelihood score times impact score (x * y) = risk score. • Since June 2010 advice is that high impact but low likelihood should have a greater risk score than low impact but high likelihood so greater weight given to impact (y). • This means likelihood score times impact score plus impact score (x * y) + y = risk score. Example of a risk map High 3 I m p a c t 2 1 Low 1*3+3 =6 2*3+3 =9 3*3+3 =12 1*2+2 =4 2*2+2 =6 3*2+2 =8 1*1+1 =2 2*1+1 =3 3*1+1 =4 2 1 Likelihood 3 High Example produced by Ryecroft Glenton RISK MAP - uncontrolled HIGH IMPACT over-dependence on one product inadequate insurance loss of k ey personalities catastrophes / acts of God internally induced business interruption poor health, safety & welfare non-compliance with laws in operational areas mismatch between staff levels / sk ills and k ey objectives failure of IT systems non-compliance with Charity Commission regulation Allerburn Lea Residents' Association inadequate capital lack of trustees' sk ills and availability controlling dynamics of the larger organisation failure to report relevant information to trustees on a timely basis cash flow quality and integrity of management information customer dissatisfaction failure to achieve / record non-financial targeted outputs externally induced factors affecting business interruption failure to adequately fundraise failure to meet funding criteria over-crowding in the tree house human resource issues and employee relations the weather burst pipes fraud including incurring and settlement of liabilities without appropriate authorisation lack of succession planning / staff sk ills reliance on professional advisors poor publicity - loan from Duk e inadequate volunteer management misapplication of restricted reserves security of data / intellectual property changes to grant-mak ing and fiscal policies of government and grant givers inadequate security of tangible assets contract risk s vandalism dilapidations inadequate procedures and systems documentation poor products / poor buying decisions separation from the Castle power cuts increased competition from other venues failure to comply with anti-discrimination legislation loss of novelty inadequate maintenance trustees' conflicts of interest dependency on k ey suppliers inadequate control of cash onerous long term supply contracts misapplication between trading and non trading income inadequate segregation of duties downturn in the economy / fuel prices I M P A C T inadequate stock control unforeseen consequences of fiscal and other regulation dependency on external transport services prices charged by suppliers credit control theft seasonal nature of work force conversion to Euro LOW LIKELIHOOD HIGH LIKELIHOOD Risk Responses • Tolerate • Terminate • Treat • Transfer Risk register template Potential or uncontrolled risk Disaster recovery and planning Potential impact • • Likelihood of occurrence (x score) Medium (2) Severity of impact (y score) High (3) Uncontrolled risk score (x * y) + y Too high (9) Control procedures • • • computer system failures or loss of data destruction of property, equipment, records through fire, flood or similar damage agree IT recovery plan implement data back up procedures and security measures review insurance cover create disaster recovery plan including alternative accommodation Likelihood of occurrence (x score) Medium (2) Severity of impact (y score) Low (1) Managed or controlled risk score (x * y) + y Acceptable (3) Monitoring process Reviewed quarterly by trustees Responsibility Trustees and I.T. Manager Further action required Quarterly agenda item for trustee meetings Date of review Quarterly Example produced by Ryecroft Glenton RISK CONTROL FRAMEWORK At date of this review Managed risk Uncontrolled risk Risk loss of key personalities poor health, safety & welfare Risk Category operational operational Im pact 3 3 Likelihood 3 3 Overall Risk Consequences 9 9 failure of IT systems financial 3 3 9 inadequate capital financial 3 3 9 Controlling dynamics of the larger organisation operational 3 3 9 cash flow Development programme - phase 2 3 3 9 customer dissatisfaction operational 3 3 9 over-dependence on one product operational 3 2 6 inadequate insurance operational 3 2 6 - loss of high profile / charismatic personality loss of vision reduction in positive publicity increased capital marketing costs reduction in staff morale loss of data inconvenience to customers on admission additional work additional errors /fraud inadequate data protection - failure to proceed with future developments of maintenance programme, which would affect sustainability of the project - Underachieve against budgets reduce staff morale poor service/quality increased fixed costs - Breach of covenants - need to increase debt - inability to fund developments Likelihood Overall Risk Im pact Likelihood Overall Risk Im pact Likelihood Overall Risk 3 3 9 3 3 9 2 3 6 - follow up existing risk assessments - perform risk assessments for satellite operations - review all risks at the pavilion - deal with the identified risk of the pavilion steps - complete staff training - form a Health & Safety committee 3 2 6 3 2 6 3 2 6 - daily backups are taken off site - double servers in safe room with environmental control - support contracts for all hardware and software - firewall - virus software updated every night - improve security to wireless access - review/increase levels of encription - use the data safe - review security around portable chip & pin devices 2 1 2 2 1 2 2 1 2 - there is presently sufficient capital to meet current financial commitments - there is regular cash flow management - formalise and adhere to a reserves policy to fund future operational and maintenance programmes. 3 3 9 3 3 9 3 3 9 - review implications of downsizing 2 2 4 2 2 4 2 2 4 - formalise and adhere to a reserves policy - develop strategies to maximise cashflow 3 3 9 3 3 9 3 3 9 2 1 2 2 1 2 2 1 2 3 2 6 3 2 6 1 1 1 2 2 4 2 2 4 2 2 4 - budget / targets / corporate objectives - monthly meetings / reviews - employment policy / contracts - monthly review of cashflow - customer surveys - customer complaints procedure/policy - additional facilities for busy periods have - post phase II - more products on offer therefore a been developed greater likelihood of disappointment - monitoring of projected against actual - reduction in the quality of the visitor experience customer numbers - loss of future revenues - methods developed to direct customers - loss of reputation to less crowded areas - reduction in return visits - alternative catering facilities for busy - the pavilion has raised food expectations periods are in place - appointment of customer services manager - fall off in customer revenue - end of the entity - claw back of funding - unexpected loss Phase 3 complete Managed risk Im pact How managed at present Further Action Required - not managed, but risk diminishes as a result of expansion of the management team and management development - continue to monitor and review - key person insurance for the Duchess of Northumberland - fatalities / injuries - risk assessments - poor publicity - staff training - increased insurance costs - policy statement - criminal / civil actions - health and safety manual - reduced staff morale - allocation of responsibilities - impact on fundraising - introduction of risk assessments - reduction in visitor numbers - introduction of staff training - enforced closure (temporary or permanent) - standing agenda item for Enterprise - fire evacuation procedures lead to refunds / loss Board of sales - Phase 3 in progress Managed risk - development programme leading to diversification of products - regular contact with brokers - insurance to cover to replacement value - follow advice and recommendations of insurers - set criteria to follow up complaints - having raised expectations (e.g. Pavilion catering), need to concentrate on meeting them - develop customer survey techniques - planning to ensure consistency of product offering and not to overpromise (i.e.matching customer expectations with deliverability) - None - communicate levels of insurance to relevant managers - monitor on a regular basis, including levels of excess on new risks - finalise emergency and disaster management plan for every area Example produced by Ryecroft Glenton Disaster Recovery Plan 1 First steps commit to planning across the charity develop a plan by a team representing all functional areas of the charity plan as a project if appropriate 2 Impact/risk assessment identify all major risks each risk to be given an impact and likelihood rating (see Part D) consider overall risk profile of charity 3 Drawing up the plan establish milestones to move charity from disaster to normal operations start with immediate aftermath outline what functions need to be resumed and in what order plan should identify key individuals and their roles and duties 4 Testing plan process of testing properly reproduce authentic conditions as far as possible plan tested by the key individuals identified in the plan document test procedures and record results consider amendments to plan 5 Training make all charity trustees, staff and volunteers aware of plan and their own duties and responsibilities stress the importance of planning even if the disaster appears to be a remote likelihood get feedback from all to ensure that duties and responsibilities are understood 6 Updating and maintaining plan should be updated to be applicable to current activities give someone responsibility for updating plan and communicating any changes all changes should be fully tested key staff informed of changes in duties and responsibilities Questions? Detlev Anderson Charities Partner Ryecroft Glenton 32 Portland Terrace Newcastle upon Tyne 0191 281 1292 detlevanderson@ryecroft-glenton.co.uk Disclaimer This presentation and any accompanying notes are made available on the basis that no liability is accepted for any errors of fact or opinion they may contain. Professional advice should be obtained before applying the information in particular circumstances..