The trustees of The Shanly Foundation are obliged at all times to adhere to the applicable policies and procedures as recommended by the Charities Commission (https://www.gov.uk/government/organisations/charity-commission) and in accordance with The Shanly Foundation’s aims and philosophy. If, however, any beneficiary of a Shanly Foundation grant or award, or a member of the public, consider that The Shanly Foundation failed to administer itself appropriately, then we invite written complaints, with full details of the allegation, to the address given in the relevant ‘contact us’ page on this web site. If any person suspect illegal activity has been conducted at The Shanly Foundation, then they should contact the police.
CONFLICTS OF INTEREST
Trustees of The Shanly Foundation are obliged to declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the Foundation or in any transaction or arrangement entered into by the Foundation which has not previously been declared. A Trustee of the Shanly Foundation may absent himself or herself from any discussions of the Foundation trustees in which it is possible that a conflict of interest will arise between his or her duty to act solely in the interests of the Foundation and any personal interest (including but not limited to any financial interest). Any Foundation trustee absenting himself or herself from any discussions in accordance with this policy must not vote or be counted as part of the quorum in any decision of the Foundation trustees on the matter. However, in certain circumstances, and where appropriate, and given each trustee complies with its aims and philosophy, trustees with vested interests may be invited by the remaining trustees to offer any appropriate information and answer relevant questions regarding any potential beneficiary in the furtherance of due diligence. It should be borne in mind that the founder of the Shanly Foundation is the owner of the principal benefactor companies. His wishes regarding any beneficiaries of the Foundation are taken into account when awards are being considered. All awards are subject to a majority decision by the trustees, however:
APPOINTMENT OF TRUSTEES
Apart from the first Shanly Foundation trustees, every new trustee must be appointed for a term of at least one year by a resolution passed at a properly convened meeting of the Foundation trustees. In selecting individuals for appointment as Foundation trustees, the Foundation trustees must have regard to the skills, knowledge and experience needed for the effective administration of the Shanly Foundation.
The Foundation trustees may appoint trustees to the Foundation for shorter term periods, if in the opinion of a majority of the Trustees it is deemed appropriate. Such temporary trustees may include, for example, members of staff of any of the companies within the Shanly Group or members of the family of Michael Shanly. The trustees may also make such temporary appointments permanent if deemed appropriate and endorsed by a majority of the trustees.
The Foundation trustees will make available to each new charity trustee, on or before his or her first appointment a copy of the current version of the Foundation’s constitution; and a copy of the Foundation’s latest Trustees’ Annual Report and statement of accounts.
SHANLY GROUP EMPLOYEE PARTICIPATION
Employees of the Shanly Group of companies are encouraged to familiarise themselves with the workings of the Foundation. The main Foundation activities and beneficiaries of the Foundation are regularly updated on the Foundation’s web site and also on other Shanly Group web sites. On a rotational basis, employees are also invited to attend Trustee meetings. Employees may also have the opportunity to participate in the activities of the beneficiaries of the Foundation and also to carry out work, if appropriate, in lieu of, or in addition to, a Foundation monetary award (see also under Risk Management below).
The Foundation regularly assesses its risk management policy to identify any potential exposures that may prevent the Foundation from carrying out its work in accordance with its aims and philosophy and of meeting the needs of its beneficiaries. Additionally, all Trustees have an obligation to be aware of, acknowledge, assess and identify any risks that may adversely affect the management and running of the Foundation.
In particular, the Trustees are aware of a specific risk to the Foundation’s income given it is solely dependent on discretionary contributions from certain Shanly Group companies. Any fluctuation in the income of these companies is likely to have a specific and direct impact on the income of the Shanly Foundation. Such fluctuations are likely to affect the amount of and number of disbursements and awards the Foundation is able to grant in any one year.
Additionally, reflective of the nature of business of the Foundation’s donor companies (property development; commercial property investment) the award of any related benefits in kind may be affected by fluctuations in the level of business activity in these donor companies.
Any Foundation award that is in the form of services, undertaken by any of the companies within the Shanly Group, will adhere to all relevant health and safety regulations and be properly insured for third party liabilities whilst carrying out such work.
The Foundation is also aware of the following more general risks:
- damage to its reputation
- the ability to meet the future needs of beneficiaries
- losing money through investments
- change in the Government’s policy on a particular issue, affecting grants or contracts
- an unprecedented increase in applications for awards
- the requirement to appoint competent trustees
- the requirement to maintain appropriate financial controls
- dependency on limited income sources
- changing community attitudes
- changes in the Foundation’s operating environment
- changes in relevant national and local laws
- beneficiary welfare or safety
The Foundation does not directly recruit or manage volunteers. Where volunteers are engaged at beneficiaries of its awards, the Foundation will, during the normal course of its due diligence, seek reassurance that the relevant organisations are well managed.
From time to time employees from companies within the Shanly Group may actively support and participate in causes that the Foundation supports. In these cases, such employees are deemed appropriate volunteers having already passed the Group’s interviewing process and made aware of the workings of the Shanly Foundation during their induction process, company web site updates and any other internal company communications.
The Foundation does not directly engage with or support persons deemed vulnerable (children or vulnerable adults). It does, however, seek reassurance that where Foundation beneficiaries deal with vulnerable persons, that such related beneficiaries comply with the appropriate rules and regulations including Disclosure and Barring Service (DBS) checks and any advice given by relevant governing bodies.