|
Big is beautiful for the commissioner and grant maker,
because it is simple, contained and easy to manage. Competition
for funding within the third sector has now grown so fierce
that small and medium-sized charities are reassessing their
approach in order to compete with the largest organisations.
The bourgeoning contract culture and the focus on commissioning
to charities in the Local Government White Paper has encouraged
charities to work more closely together, forming consortia
and partnerships in order to attract funding on a larger
scale.
Could these partnerships become something more? The Charities
Act 2006 made it easier for charities to merge by providing
new financial safeguards. Gareth Morgan, director of the
Centre for Voluntary Sector Research at Sheffield Hallam
University, believes that in the current climate, small
charities will be considering the possibilities of merging
more seriously than ever before.
“There are good reasons for smaller charities to consider
merging, especially if it enables them to create a single
organisation with a broad enough reach to bid for serious
contracts to deliver public services,” Morgan says.
“It is much easier to make a bid in the name of a
single charity rather than a complicated partnership between
multiple organisations.”
As a result of the Charities Act, a new Charity Mergers
Register will be set up. This will ensure that gifts given
to a charity which has merged automatically transfer to
the new charity. New powers also allow very small charities
to transfer all their resources to another organisation
without going through the complex procedures previously
required by the Charity Commission.
Thanks to these changes, charities can also focus on some
of the very practical benefits of merger. “It is often
difficult for small charities to secure the range of trustees
with the skills they need – whereas several charities
coming together may have a wider pool of potential trustees
to draw on,” Morgan adds.
Nevertheless, merger remains a tricky and complicated exercise.
Cecile Gillard, head of charities and the voluntary sector
at Jordans, claims the provisions of the Charities Act do
not make merging an easier option for smaller organisations.
“As you might expect, this will not provide answers
to all the difficulties of merger,” she says. Merging
charities will have to meet extremely strict conditions
set out by the regulator, and assets including property
will have to be dealt with by formal contract assignment.
Regulatory restrictions imposed by bodies like the Commission
for Social Care Inspection do not automatically follow over
to the merged organisation, and transition of staff may
be problematic, with trustee liability a continuing grey
area.
“Moving staff and funding arrangements are good examples
of areas where the streamlined procedure alone will not
suffice,” Gillard says. “Besides the legal issues,
merging charities face difficulties in changing culture
and ethos, and joining together two different staff and
volunteer teams.”
These concerns are a cautionary tale for charities looking
to merge in a bid to match their heavyweight counterparts
in the ongoing battle for contracts. Local government is
under pressure to deliver services under the constraints
of the Gershon efficiency agenda and the Lyons review. For
hard-pressed commissioners, simplicity in procurement is
the key. This in itself may be an incentive to merge, but
not necessarily for the right reasons.
Top
“If you were running a local authority you would be
more open to bids from single consortia,” says Ann
Blackmore, head of policy at the NCVO. “My instinctive
reaction is that would not be a good reason to merge,”
she says. “A major decision should be based on what’s
best for delivery on charitable objectives. Mergers should
be driven by the needs of beneficiaries not by the funding
environment.”
If fighting for funding is the priority, it is easier for
charities to enter into a procurement partnership, as full
merger is a much bigger exercise. There are also a number
of other partnership models that could be attractive to
small and medium-sized charities, such as federation.
Nevertheless there are times when merging can both secure
funding and be beneficial to supporters and service users.
Duplication of mission among large charities can be a problem,
and merger has become common in the cancer sector, for example,
in order to address it. As Blackmore points out: “Mergers
are much more fundamentally about what the charity exists
for. It’s much more likely to be driven by what the
best way is to deliver its mission.”
In Cumbria, and now in Kent, councils for voluntary service
are going through a similar process. Five district councils
in Cumbria have already merged to create the first county-wide
council supporting small charities, Cumbria CVS. In Kent,
Sevenoaks Voluntary Development Agency and Voluntary Action
West Kent (VAWK) are going through the process of due diligence
in anticipation of a merger in less than two months. Though
both organisations provide similar services, VAWK chief
executive Caroline Shaw is clear that financial incentives
do influence decision making.
“Without a doubt there is increased competition when
it comes to commissioning. All those sorts of things have
been at the back of our mind,” Shaw says. “Our
driving force has really been to try to create a more effective
service for front line organisations; to offer more projects,
more diverse services, more effective services.”
Though the changes in legislation have not affected the
Kent merger – there are no significant funds to transfer
– Shaw believes any move that makes merger easier
should be welcomed by the sector. “There’s a
huge amount [of charities] all fighting for funding. I really
think that people should be looking at working more closely
together,” she adds.
For some, however, allowing the debates around funding and
merger to blend into one is a worrying prospect. NAVCA believes
merger has its place, but if it becomes tied up with funding
the valuable individuality of small, local charities could
be lost.
Chief executive Kevin Curley says: “If merger was
driven by the need to obtain local funding under contract
then that would be absolutely the wrong reason.
“To push them together, which is the administrator’s
dream, you’re going to lose a lot of very significant
value that’s represented,” Curley warns. “I
think there are clearer ways, smarter ways, of being able
to get organisations working together in order to win funds.”
The forming of collectives, partnerships and consortia is
more to his taste, though the sector as a whole has a certain
appetite for merger. Curley maintains that this is born
out of the ChangeUp agenda, requiring local infrastructure
organisations to come together, rather than the far more
cynical motivator of the funding environment.
National parenting charity Parentline Plus and Oxford-based
Family Nurturing Network merged in 2005. Although both organisations
were working in the same field, they had different specialisms
and skills, and the merger also allowed the organisation
to branch out into a new geographical area.
“I think probably an underlying motivator is that
as a medium-sized charity we’re neither one of the
big players nor the smallest,” says Kim Roberts, regional
director of Parentline Plus. “Partnership makes sense
and some of those partnerships can lead to merger.”
Roberts says two years ago the process was time consuming,
and expects the new legislation will help to streamline
the process. This, she says, can only be a good thing. Ultimately,
the process of merger can make two charities into one extremely
effective organisation. “We’ve got more to offer,”
Roberts says. “We are in a much stronger position.”
Top
To return to the July-Aug 07 features list click
here
|