3)  The Use of our Charity Name after Resignation, and suspected collecting of Charity Funds at Tesco Supermarkets not for this Charity.

 

Time after time, communication after communication we have made attempts to negotiate with Clive Stanley Bate as we have intimated. In June 2019 we travelled from Scotland to meet up at Holton Road, Barry to a pre-arranged meeting, a meeting that did not happen, CB not turning up. Pictures were taken of the property that showed on one poster the continued use of our charity name.

 

In view of this letters have been sent to Tesco Management (copy following) locally to check the credentials of Clive Stanley Bate should he still be collecting at their supermarkets. Also, government agencies (copies following) with which he claims to be connected have also been informed to ensure that they know that CB is not connected with us.

 

15/10/2019 13:06:22

Attention of Tesco Store Management in the Cardiff and Barry Area

For some time it was to our understanding that CLIVE STANLEY BATE based at 50 Holton Road, Barry, CF63 4HE representing this Charity collected monies at some of your supermarkets. We thank you so much for giving him this opportunity.

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However, in October last year he resigned continuing we understand at Holton Road a ministry, still showing our Charity name on its door. Our concern is that he still continues to collect funds at your stores showing our Charity name. We suggest you check his charity credentials noting that it is now not this charity that he represents.

We trust this makes the position clear, we are happy to provide more information should it be required.

Yours sincerely,

 

 

David P Griffiths – Trustee and Minister

 

17/10/2019 09:52:09

GVS

Barry Community Enterprise Centre

Skomer Road

Barry

CF62 9DA

For some time it was to our understanding that CLIVE STANLEY BATE based at 50 Holton Road, Barry, CF63 4HE representing this Charity attended your meetings and represented this Charity.

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However, in October last year he resigned continuing we understand at Holton Road a ministry, still showing our Charity name on its door. Our concern is that he still continues representing this Charity with you. We suggest you check his charity credentials noting that it is now not this charity that he represents.

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We trust this makes the position clear, we are happy to provide more information should it be required.

Yours sincerely,

 

David P Griffiths – Trustee and Minister

 

17/10/2019 09:52:54

Attention of Dewis Cymru via their website - https://www.dewis.wales/SearchResults.aspx?q=*&loc=CF63+4HE&d=5&c=

Re AWJCG, Barry (that appears on your website)

Please note that CLIVE STANLEY BATE based at 50 Holton Road, Barry, CF63 4HE no longer represents this charity and Church Ministry. It is noted on your site that CB still calls himself “Rev” although he has had this ordination withdrawn from us, although he could have received an ordination from another organisation. We have tried to find out as to whom his oversight might be but without success.

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In October last year he resigned from us, continuing we understand at Holton Road a ministry, still showing our Charity name on its door. Our concern is that he still continues representing this Charity with you. We suggest you check his charity and ministry credentials noting that it is now not this charity that he represents.

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We note the services advertised on your site, it being our view that there needs to be an oversight of the ministry that seems to not exist, indeed it seems now that this is a one man band, although of course he may have an oversight that we know nothing about. Our view is that it needs checking, we having concern that the services being shown here can indeed be provided in a professional way.

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In the past funds for the operation have been collected from supermarkets, we contacting Tesco management in your area to check that he has charity credentials for this activity, as he no longer represents us.

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We are here to be completely open and transparent with you about this, for some years Clive was a trustee and Minister with us, but please note this ended last October.

Yours sincerely,

 

David P Griffiths – Trustee and Minister

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We are concerned that Clive Stanley Bate is collecting funds from supermarkets using our Charity name, not having a registered charity of his own, not producing independently produced accounts and not having the correct insurances, procedures and policies for the services he claims to provide on government websites.

 

Further as we discover on the other side of the poster clearly visible to readers is the name of our Charity, hence we have informed Tesco and government agencies of this so they can be aware that funds may be collected in our name and registration, it being interesting to note that the authority being claimed here for operations is God – Elohim, ignoring it would seem the principles of open and transparent accounting and the keeping of procedures and policies; ignoring too the Biblical command of an oversight on earth, Clive Bate on being questioned on this relating to God in heaven rather than his prophets, his people on earth.

 

1 Corinthians 14:32 Authorized (King James) Version (AKJV)

32 And the spirits of the prophets are subject to the prophets.

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4)  The Breaking of the Policies of this Charity and lack of accounting practice particularly in relation to shop stock. In addition a deal made with Payzone on behalf of the Charity unapproved by trustees, him persuading Rev Haroon Masih to sign it with him.

 

Major back up was given to Clive Stanley Bate in relation to the setting up of the shop, the right insurances, policies and procedures etc., not only for the shop but also the offices he ran in the Charity’s name, one office we understand he continues to run at 50 Holton Road.

 

These policies relate to MANAGING VOLUNTEERS which has a procedure for “settling differences”, a procedure CB failed to respond to. Further policies relate to Handling Complaints, EQUAL OPPORTUNITIES POLICY that demands all people be dealt with dignity and respect, HEALTH AND SAFETY POLICY, and a PROTECTION OF CHILDREN AND VULNERABLE ADULTS POLICY.

 

As regards to EXPENSES POLICY it is our view that Clive Stanley Bate has clearly broken this by not giving annual reports of his operations and not keeping account of stock and not collating receipts. This is what we have intimated to CB and to trustees in the monthly procedural reports.

 

THE MINISTRY AT BARRY STILL HAS NOT PROVIDED AN ANNUAL  REPORT and so in my view legally we have invoiced Clive for the 17-18 costs of Barry – also for the time during 18-19

 

 THE MINISTRY AT BARRY STILL HAS NOT PROVIDED THESE RECEIPTS and so in my view legally we have invoiced Clive for these costs of Barry –

 

 

Receipts: 2018 June

 Barry Stock: £1; £1-09; £5; £1; £1-49; £1; £7-70; £0-78; £6-42; £5-05; £0-65; £1-09; £1; £18; £7-09; £2; £7-60; £16-75 =       £84-71

Receipts: 2018 May

Shop Supplies

£130-99

12 05 18               Wilko                                        May 61                               1-00

14 05 18               Wilko                                        May 62                               2-00

16 05 18               Morrisons                                May 63                               4-20

16 05 18               Tesco                                         May 64                               8-45

16 05 18               Tesco                                         May 65                               2-40 

17 05 18               Asda                                          May 66                               22-00

17 05 18               Lidl                                             May 67                               14-99

17 05 18               Nisbets                                     May 68                               17-96

18 05 18               Solution Express                    May 69                               19-20

21 05 18               Wilko                                        May 70                               0-60

21 05 18               Tesco                                         May 71                               4-00

22 05 18               Tesco                                         May 72                               3-68

22 05 18               IKEA                                May 73                                      4-25

23 05 18               Tesco                                         May 74                               8-00

23 05 18               IKEA                                May 75                                      3-90

25 05 18               WILKO                                      May 76                               0-60

25 05 18               TESCO                                       May 77                               3-59

25 05 18               Frangoulis                      May 78                                      5-00

27 05 18               Tesco                                         May 79                               1-05

27 05 18               Home Bargains                       May 80                               2-27

1. 5 18               Wilko                                        May 81                               1-25 

 

Receipts and explanations will deal with this expenditure, and financial accountability to give to our accountant with an annual report – plus a further report for activities in Barry during year 18-19. These are required Clive as considerable Charity expenditure has gone through the Charity books and we need to account for us – even the backup funds I personally am putting in as designated offerings to cover the ongoing Barry losses.

 

http://www.ecctv.org/7-year-business-plan

 

As regards to EXPENSES POLICY it is our view that Clive Stanley Bate has clearly broken this by not giving annual reports of his operations and not keeping account of stock and not collating receipts. This is what we have intimated to CB and to trustees in the monthly procedural reports.

 

Further to this is a CONFLICT OF INTEREST POLICY which is very detailed forbidding any collaboration in a deal relating to the Charity even with someone where there is a close personal relationship, the language in the emails towards the Landlord giving hint of this, also a SAFEGUARDING POLICY to protect individuals, it being viewed by trustees that the tremendous there has been on remaining trustees by CB is a break of this, further an INFORMATION SECURITY POLICY.

 

This whole matter in relation to trustee responsibility which we put forward Clive Stanley Bate has failed to live up to be as follows:

 

The following has been written by E M Lindsay Griffiths, Procedures Secretary – all matters relating to this now must be referred to the Procedures Secretary who will place replies towards trustees.

 

Legal Addendum re Role & Responsibilities of Trustees

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(1) Declaration of Trust – founding legal document of LCMI Church South Cheshire Trust:

Page 9: GENERAL PROVISIONS

27.“ANY Trustee dissenting from any lawful decision of the majority of the Trustees shall nevertheless concur in executing and doing all such instruments and acts as may be requisite for the purpose of giving effect to such decision.”

Page 9: TRUSTEES AND SPIRITUAL AUTHORITY

29. “THE spiritual government and leadership of the Church Fellowship for the purpose of which the Trust has been established shall remain with the recognised spiritual leadership of the Church Fellowship and to the extent to which the Trustees are not synonymous with the church leadership their powers shall be confined to the proper management and administration of the Trust Fund in accordance with the provisions of this Deed and in furtherance of the said objects and in so doing they shall have full and proper regard to such spiritual leadership provided always that they shall not act outside their powers as conferred by this Deed and by the general law.”

Please note that clause 29 above relates directly to 2 documents referred to in the main body of this letter:

A. 2017 BIBLE COLLEGE WALES MINISTRY MANUAL

B. BIBLE COLLEGE WALES God’s Government and order for the Church.

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(2) Trustee Duties & Responsibilities – A Summary:

Charity Trustees: What you need to know, what you need to do (OSCR – Scottish Charity Regulator: www.oscr.org.uk

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“1. Always do what is best for your charity: as a charity trustee you have a legal responsibility to put the interests of your charity above your own interests.

 2. Know your charitable purpose(s): everything you do should be directed at achieving only the purposes set out in your governing document.

 3. Understand your charity’s finances: all the charity trustees are responsible for the charity’s finances and must have access to the financial records.

 4. Act with care and diligence: you have to protect your charity including its beneficiaries, assets and reputation.

 5. Have a copy of your governing document: know what it says, understand what it means, and what you have to do.

 6. Declare and manage conflicts of interest: All charity trustees have a collective responsibility to manage conflicts of interest and to act in the charity’s interests.

 7. Understand your charity’s legal responsibilities: make sure your charity is meeting its legal duties under charity law and other relevant laws

8. Work together for the good of the charity: all the charity trustees are collectively responsible for making sure that the charity is run responsibly and lawfully.”

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(3) Charity Commission for England and Wales: Booklet CC3“The essential trustee: what you need to know, what you need to do”

www.gov.uk/government/publications/the-essential-trustee-what-you-need-to-know-cc3

1.1 Must and should - what they mean

In this guidance:

• ‘must’ means something is a legal or regulatory requirement or duty that trustees must comply with

• ‘should’ means something is good practice that the Commission expects trustees to follow and apply to their charity

Following the good practice specified in this guidance will help you to run your charity effectively, avoid difficulties and comply with your legal duties. Charities vary in terms of their size and activities. Consider and decide how best to apply this good practice to your charity’s circumstances. The Commission expects you to be able to explain and justify your approach, particularly if you decide not to follow good practice in this guidance.

In some cases you will be unable to comply with your legal duties if you do not follow the good practice. For example:

Your legal duty

It’s vital that you

Act in your charity’s best interests

Deal with conflicts of interest

Manage your charity’s resources responsibly

Implement appropriate financial controls 
Manage risks

Act with reasonable care and skill

Take appropriate advice when you need to, for example when buying or selling land, or investing (in some cases this is a legal requirement)

Trustees who act in breach of their legal duties can be held responsible for consequences that flow from such a breach and for any loss the charity incurs as a result. When the Commission looks into cases of potential breach of trust or duty or other misconduct or mismanagement, it may take account of evidence that trustees have exposed the charity, its assets or its beneficiaries to harm or undue risk by not following good practice.

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2. Trustees’ duties at a glance

[Including the following most important and relevant sections]

2.3 Act in your charity’s best interests

You must:

• do what you and your co-trustees (and no one else) decide will best enable the charity to carry out its purposes

• with your co-trustees, make balanced and adequately informed decisions, thinking about the long term as well as the short term

• avoid putting yourself in a position where your duty to your charity conflicts with your personal interests or loyalty to any other person or body

• not receive any benefit from the charity unless it is properly authorised and is clearly in the charity’s interests; this also includes anyone who is financially connected to you, such as a partner, dependent child or business partner

2.4 Manage your charity’s resources responsibly

You must act responsibly, reasonably and honestly. This is sometimes called the duty of prudence. Prudence is about exercising sound judgement. You and your co-trustees must:

• make sure the charity’s assets are only used to support or carry out its purposes

• avoid exposing the charity’s assets, beneficiaries or reputation to undue risk

• not over-commit the charity

• take special care when investing or borrowing

• comply with any restrictions on spending funds or selling land

You and your co-trustees should put appropriate procedures and safeguards in place and take reasonable steps to ensure that these are followed. Otherwise you risk making the charity vulnerable to fraud or theft, or other kinds of abuse, and being in breach of your duty.

6.2 Making decisions

You and your co-trustees are ultimately responsible for deciding what activities the charity will undertake, what resources it will need, how it will obtain and use them. Collective decision making is one of the most important parts of the trustee role. Some decisions are simple and straightforward; others can be complex or far reaching in their consequences. When you and your co-trustees make decisions about your charity, you must:

• act within your powers

• act in good faith, and

• make sure you are sufficiently informed, taking any advice you need

• take account of all relevant factors you are aware of

• ignore any irrelevant factors

• deal with conflicts of interest and loyalty

• make decisions that are within the range of decisions that a reasonable trustee body could make in the circumstances

You should record how you made more significant decisions in case you need to review or explain them in the future.

6.5 Avoid mistakes - deal with conflicts of interest

Conflicts of interest (and conflicts of loyalty) are more common than people often think. If one of your fellow trustees appears to have a conflict of interest you should say so; you are not calling their integrity into question by doing so.

In deciding how to deal with a conflict of interest, trustees should be mindful of what feels right, and also how others might view the trustees’ actions.

Where conflicts of interest have not been identified or properly dealt with, it can have negative impacts on both the charity and individual trustees including financial cost and reputational damage. Because the trustees have acted in breach of their duty, decisions may be called into question or legally challenged. The Commission may have to take regulatory action to protect the charity from further harm or to deal with any misconduct or mismanagement by the trustees.

7.1 Managing risks

A risk is anything that could, if it happened, affect your charity achieving its purposes or carrying out its plans. All charities face some risks. The risks your charity might face will depend on factors such as its size, funding and activities. For example, managing property, employing staff, using volunteers, using IT, working with children or people at risk, or implementing change all involve elements of risk.

You and your co-trustees should manage risk responsibly. You have a duty to avoid exposing your charity to undue risk. This doesn’t mean being risk averse. Risk management is the process of identifying and assessing risks, and deciding how to deal with them. It may involve an element of responsible risk taking, and is central to how trustees make decisions.

7.6 Managing property (land and buildings)

If the charity owns or rents land or buildings, you and your co-trustees should:

• make sure the property is recorded as belonging to the charity - see section 11 of this guidance

• know on what terms it’s held

• ensure it’s properly maintained

• make sure the charity has sufficient insurance

[Comment: Bullet points 1, 2, and 4 were all carried out, 1 and 2 concerning the Lease document; insurance in point 4 were put in place by the Charity’s headquarters staff, together with health and safety notices, and posters for the premises.]

10. Reduce the risk of liability

It’s extremely rare, but not impossible, for charity trustees to be held personally liable:

• to their charity, for a financial loss caused by them acting improperly

• to a third party that has a legal claim against the charity that the charity can’t meet

Understanding potential liabilities will help you to protect yourself and your charity by taking action to reduce the risk. This includes complying with duties covered in this guidance. It also includes deciding whether your charity should become incorporated.

10.1 Personal liability to the charity

Trustees can be held liable to their charity for any financial loss they cause or help to cause. This applies to any type of charity whatever its legal form.

The law generally protects trustees who have acted honestly and reasonably from personal liability to their charity. The Commission and the courts:

• can relieve trustees from liability if they have acted honestly and reasonably and have not benefited from their actions

• rarely enforce liability on an unpaid trustee who has made an honest mistake

• expect higher standards from trustees who act in a professional

Trustees who receive an unauthorised payment or benefit from their charity have a duty to account for (ie repay) it. The Commission can’t relieve trustees from this duty.

There is no legal protection for trustees who have acted dishonestly, negligently or recklessly. However, there may be financial protection for those trustees who have made an honest mistake and can rely on the indemnity provisions in the charity’s governing document, insurance cover or relief from the Commission or the court.

10.2 Liability to third parties

Charities or their trustees can become liable to a third party who has a claim against the charity such as:

• breaches of an employee’s terms, conditions or rights

• failing to pay for goods or services, or to fulfil the terms of a contract

• a member of the public being injured on the charity’s premises

• liability to any staff pension scheme

If the charity is incorporated, the charity itself will be liable for the claim. Some types of incorporated body (companies, CIOs and Community Benefit Societies) can specifically limit the liability of their trustees and members.

If the charity is unincorporated, the trustees have to sign contracts and other agreements personally, and will have to meet any claim. The charity can normally meet any liabilities that you incur as a trustee provided you have acted honestly and reasonably. (Some charities also have power to indemnify trustees against liability arising from an honest mistake.) But if you incur liabilities that exceed the value of the charity’s assets, you could be liable for any amount that the charity can’t cover.

[Comment: as a Trust, we in LCMI are unincorporated]

 

Notes from OSCR Video by Investment Consultant: ‘Top 10 Tips for Trustees” www.oscr.org.uk

[This extract is from ‘OSCR Reporter’ Magazine for December 2018, section titled ‘Charity Investments: Guidance & Good Practice.”]

 Key points to help you make decisions about your charity’s investments:

1. Understand your charity’s finances, including investments

All the charity trustees are collectively responsible for the charity’s investments and should have access to investment valuations and reports (not just the Treasurer or Finance/Investment Committee). 

2. Check your investment powers

Understand what, if anything, your governing document says about investments and any legislation relevant to your charity’s legal form. 

3. Know your charity trustee duties

You must make sure that any investment activities are in the best interests of the charity, weighing up the pros and cons before making a decision that could significantly impact the running of the charity.

4. Consider your charity’s reputation

Your reputation is an asset to be protected. Charity trustees have a duty to act with care and diligence to protect a charity’s assets and reputation.

5. Get help and advice if you need it

Consider what help or advice you need to support your charity in making decisions about its investments. 

6. Create an investment policy statement

It’s good practice for charity trustees to record policy decisions, keep them under review and include the information in your annual report and accounts.

7. Think about your charity’s purposes

Consider how you connect your investments with your charity’s purposes and delivery of your strategy. 

8. Think about the range of investments

Understand there are different kinds of returns, measured in different ways: financial, social, environmental or otherwise – think about what is right for your charity.

9. Understand your responsibilities  

You may have power to delegate investment decisions to an investment manager, but you retain overall responsibility.

10. Keep up to speed 

Stay up to date with investment developments through events, seminars and other training.

Conclusion:

All relevant points are highlighted 

All 4 sources are referenced.

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IT IS OUR CONTENTION THAT THERE HAS BEEN COLLUSION HERE THAT HAVE COST THE CHARITY THOUSANDS – false statements made, an attitude change by Clive Stanley Bate since the coming in of Fanta Fofana, for since her arrival there has been no accounting for charity expenditure, no giving back of charity goods, no annual reports of activity and there has been clear evidences of controls here, borne out by the witness statements, there being clear threat to vulnerable people here.

 

We believe there to be a personal interest here leading to a control that to date has cost the Charity thousands of pounds, which we believe we should claim back from Jezebel, in addition to any compensations due to us from false assurances from those under her spell.

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