A non profit childcare organisation was set up 10 years ago with a constitution and trustees of the committee. The responsible person for ofsted was the headmaster of the school. For 8 years things were run through the committee. The headteacher was sacked and the childcare facility moved to new premises in 2008. When he re set it up he used the same constitution but took the schools name of it in agreement with the committee. He says that the business is his and that although there is a committee it is only there for raising funds. He states a management committee on the constitution himself and a member of staff (the manager) me his wife. Have a say over everything. I have not had a say in anything he has bullied me and put me down infront of staff to get his own way for the last 6 mths. He has the support of 2 committee members out of the 7 but one resigned as he was blackmailed by him. Basically he wants the money out of the business. Apparently he registered the business as his with HMRC. He registered it with Ofsted as him the individual and then Club 2000. I want to know if you can advice me as I dont want to get involved with anything illegal. I am thinking of resigning now that I know this. Is there any way legally we can stop him is this fraud taking over an organisation and using the constitution to access funding. Committee members thought they had control as I did?
Hello,Many thanks for your question. I shall endeavour to assist. If there is anything in my answer that you require me to clarify please ask.
Is this business run as a Ltd company or an unincorporated association? Who put the money in to start the business? What has happened to the profits?
an unincorporated associationThe money was generated from parental contributions for childcare.The profits previously were put back into the school as a donation When we moved premises the committee agreed to change the name of the business to club 2000 and take of the school. It was always a separate business from the school but the school benefited.The money in the bank when we moved premises was carried over and remained in Club 2000 and a lot of the resources, as the business didnt dissolve.
Thank you for this further information. Whether or not you can remove him from his position will depend on either what the constituion says or what his employment contract says if he has one. The constition ought to govern who can remove him and how either as an employer or as a trustee.
You need to get face to face advise from a solicitor on this because it is going to be quite complex. It sounds as if he is just some kind of trustee or an employee of the trust. It also sounds like he would be in breach of trust (if a trustee) if he sought to assume personal ownership from the school as if it was a business.
This must not shown online this is a private matter
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