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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I've been chairman of our school PTA years. After which time

Customer Question

Hi I've been chairman of our school PTA FOR 7 years. After which time the whole committee was pushed out by the current head and her constant demands and need to control our everything. I managed to call an AGM LAST September and a new committee was voted on. We were about to become a registered charity because our annual income was around £10, 000 But the head said she didn't wasn't us to. They have had a successful year but now it is time for the AGM a joint decision by last years committee and head not to hold an AGM and to just keep it running with same members and not register as a charity. I believe this is wrong, we had a constitution and although not registere with charities commission. I believe they need to follow its direction. Is there anything they have to do legally or can they run as they sit fit.
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. Essentially, the PTA must follow its own constitution. This constitution is the rule book of the PTA and applies in preference to the law of the land or whatever this head wishes to do. So take out the constitution and see what is says about holding an AGM or a general meeting. Then follows the procedures laid down in there and call an AGM or general meeting. Once you follow the procedures laid down in the constitution an AGM has to be held.

Expert:  Buachaill replied 1 year ago.

2. So look up the correct procedures and follow them and have an AGM called. Legally, once you follow the correct procedures, there is nothing that this head can do. An AGM has to be held, whether she likes it or not. At the AGM you can then call her behaviour to order. Legally, you can back up any request for an AGM with legal action should you follow the correct procedures laid down in the constitution. So take out the constitution.

Customer: replied 1 year ago.
Thanks. The constitution says they must hold an AGM. But I am not on the committee any more. So not sure how to make them hold one. The knew committee is just trusting that the head knows best. Dispite what I've told them. They think they can just carry on regardless of having a constitution. After all its only a piece of paper. And I Can't make them see they legally need to register as a charity. And that they have to be completely transparent .
Expert:  Buachaill replied 1 year ago.

3. IN the Constitution of most organisations such as the PTA, there is a power given to call an AGM when a certain number of members agree to do so. So if there is an obligation to hold an AGM this is legally enforceable. Failure to do so generally has consequences, such as the entire management having to resign. I would suggest that you use what method is provided for in the constitution. Ultimately, the issue of whether the PTA has to register as a charity is going to be decided by the members. So you need to use the constitution to regain control and oust the current head.