Case Study: Young Children with Learning Difficulties

This organisation provides extra curricular social and physical activities for young (primary school aged) children with learning difficulties. This organisation is the only one of its kind according to the committee and was set up as a direct result of their own children's needs. As a result the organisation is running at full capacity and many of the activities have waiting lists. The group has a constitution but currently no legal identity. Because of the potential personal liability of the trustees, the committee, in particular the chair, wanted to look into a more appropriate legal structure.

The chair and I had a meeting to discuss the background of the organisation. In particular, what the organisation is currently doing in terms of activities etc, and more gererally what their remit is. We discussed potential options for the group, including becoming a charity as well as a charitable company. In this discussion we were able to look at benefits and possible negative outcomes from the group's possible development.

Whilst some of the committee it was thought were enthusiastic  about furthering the group, others it was felt would object to the development. However, developing the group in this way would ultimately mean that the trustees would be in a more secure position in terms of personal liability. Whilist incorporation may bring added work, overall the committee would be in a much safer position.

The group were given information around different legal structures. In particular around registering as a charity and a company. Verbal advice was provided, but also factual information sheets and flow charts of organsiation/legal structures were provided for the trustees to use together in looking at their options.

I have learnt a lot more about Company's House and in particular the process of registering as a company whilst working with this group.