Joe K · @TrollhunterX
4th Dec 2013 from TwitLonger
@BBCr4today My bad it, was 'Annex A'...
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From GRC.charity@hmcts.gsi.gov.uk, on 09/07/2013 13:22:39 GMT:
Dear Mr Kilker, thank you for your email,
If you want to make a complaint against the charity commission then I suggest that you look at their website at: http://www.charitycommission.gov.uk/how-to-complain/
If you want to make an appeal application to the charity tribunal then see the guidance that I have already sent to you below:
You need to read the guidance first as it has the table at Annex A 'Guide to completing the Notice of appeal/Application form then complete form T003 notice of appeal- application to review. Please note you will also need to attach the charity commission’s decision that you are appealing against and if your appeal is out of time then you will have to complete the section to apply for an extension of time and give reasons why you application is out of time.
Regards Diane
Admin Team
General Regulatory Chamber Tribunals
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From: StarredArk@aol.com [mailto:StarredArk@aol.com]
Sent: 09 July 2013 13:00
To: GRC.charity
Cc: enquiries@charitycommission.gsi.gov.uk; ccdcaseworkingmanagement@charitycommission.gsi.gov.uk; kayvpowell@hotmail.co.uk; watchdog@bbc.co.uk
Subject: Fwd: Your Complaint to First-tier Tribunal regarding Barton and Tredworth Com...
Hi,
As you can see, the Charity Commission are now going out of their way to see no reason to hold the trustees of the Barton & Tredworth Community Trust to account for running the charity into the ground and then, successfully it appears, baling out without suffering any financial penalties for this mismanagement.
At this point, I really do see the need to report the Charity Commission to you for an absolute failure to do the job they are charged with, due in all probability to what the BBC calls their 'risk averse' culture. Heads need to roll.
I have had no response to the email below, or any kind of communication from the commission, to this date.
Joe Kilker
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From: StarredArk@aol.com
To: enquiries@charitycommission.gsi.gov.uk, mail@btct.co.uk, ccdcaseworkingmanagement@charitycommission.gsi.gov.uk, GRC.charity@hmcts.gsi.gov.uk
CC: Brenda.Yearwood@gloucester.gov.uk, brenmcinerney@hotmail.com, patgifford@btopenworld.com, sajid.patel@gloucester.gov.uk, ahmed.hansdot@gloucester.gov.uk, paulharries1957@yahoo.co.uk, jennie.dallimore@gloucester.gov.uk, kayvpowell@hotmail.co.uk, paul.mathurin@blueyonder.co.uk
Sent: 20/05/2013 01:26:41 GMT Daylight Time
Subj: Re: Your Complaint to First-tier Tribunal regarding Barton and Tredworth Comm...
Hi Mrs Maguire,
"However, Dan’s response to you should have addressed the issue of the overdue accounts as this had not previously been raised with us and I apologise for this oversight."
So this presumably means that you have upheld the complaint I was forced to pass on to the General Regulatory Chamber? See copy at the bottom of this email. Ideally, you should have led with that.
I've held off replying to you until this point because, following the sale of the property, there is now very much 'new information'. Largely, meetings held without quoracy, decisions made without the assent of the membership, AGM minutes rejected as true accounts... but you won't see a subsequent set of minutes reporting that last detail, because the following AGM, being also inquorate, never had minutes for it written by the secretary. This despite the fact that while the last, quasi, AGM was equally inquorate, he strangely did manage to write minutes for that one - albeit just as badly - and as the committee has since bent over backwards to disband the trust (as the Charity Commission should know, because the committee claims they have had discussions with you), there will never be an opportunity for members to likewise reject that shameful distortion of true events last November.
Additionally, the committee will never be brought to account for their repeated [falsehood/misunderstanding?] about the rule on postponing an inquorate AGM 'til the following week. They kept asserting that there was 'no more' guarantee of quoracy a week later, and refused to even listen to me explain the rule that whatever number attended such a meeting would count as a quorum.
All that is moot, though, as you probably won't find any more reason to comment on the committee's behaviour now than you did before.
I have, consequently, only one request only to make of the commission, given that it was your own previous intercession that forced the trust to render documents to me on a previous occasion...
The committee's last act was to issue members (having whittled them down from around two hundred to about a hundred, in questionable fashion) with a set of questions, by post, concerning the trust's future. However, they have pointedly refused to release the full details of the results, besides commenting that only six members responded. I've asked for the full facts, and been ignored again.
*Can you therefore request them to provide us, the residents, with the full results of this survey?*
If you could do one thing more, I'm sure we would all appreciate seeing the minutes from all the committee meetings of the past year, so that we will know precisely, to the extent of their accuracy, what the committee have been doing in that time to try to keep the trust going? I'm not the only person who thinks they have done very little, although I may perhaps be the only one cynical enough to think that their chief pre-occupation has been avoiding incurring a heavy fine for mismanagement.
The committee, as you are also hopefully aware, allowed for the possibility that the trust could continue if at least ten members/residents were prepared to come forward and volunteer to be trustees. I have little doubt that indeed at least that number did come forward, but the committee won't provide us with this information either, again, in my view, because only a new committee could get the ear of the charity commission and call for an investigation into the actions of the previous one. I hope that the commission will eventually ensure that all these details will be made known to us.
Cheers, Joe Kilker
In a message dated 11/01/2013 13:39:23 GMT Standard Time, enquiries@charitycommission.gsi.gov.uk writes:
Dear Mr Kilker
Your recent emails regarding Barton and Tredworth Community Trust have been passed to me for consideration. Please accept my apologies for the delay in providing you with a response which is due to the volume of work we experienced prior to Christmas.
I have considered the comments you have made to the Charity Tribunal as well as the correspondence you received from Dan Holliday in September 2012. As you are aware this has been a long running case and we have made it clear on a number of occasions why we are not taking your concerns regarding the management of the charity any further (e.g. my emails to you dated 9 September 2010 and 21 July 2011 and my colleague, Steven Joshua’s email of 20 January 2012.) Unless you can provide new information or evidence about matters which fall within our regulatory remit we will not be considering the matter further. You can find more information about our regulatory approach on our website: http://www.charitycommission.gov.uk/Our_regulatory_activity/Our_approach/default.aspx
However, Dan’s response to you should have addressed the issue of the overdue accounts as this had not previously been raised with us and I apologise for this oversight.
The accounts have now been submitted so the issue of the delay or the reasons for it are not something that we would specifically consider. However I have asked our accountants to review the accounts for the financial period ending 31 May 2011 to consider whether the accounts themselves demonstrate any cause for concern. If there are any issues that we need to take forward with the charity we will do so.
With regard to the sale of the charity’s property, as Mr Joshua pointed out the trustees have the power to sell the property and the decision to do so rests with them. We will not be taking this matter further with them.
Finally, as I have outlined above unless there is any new information we will not consider this case any further and any further correspondence from you on the same issues will be recorded but we will not provide you with a response.
Yours Sincerely
Jo Maguire (Mrs)
Casework Team Manager
Charity Commission – First Contact
From: StarredArk@aol.com [mailto:StarredArk@aol.com]
Sent: 04 December 2012 01:40
To: GRC.charity; enquiries@charitycommission.gsi.gov.uk
Cc: kayvpowell@hotmail.co.uk; paulharries1957@yahoo.co.uk; jennie.dallimore@gloucester.gov.uk; richard.graham.mp@parliament.uk; matt.holmes@glosmedia.co.uk
Subject: Complaint to First-tier Tribunal re bad (in)decision
Hi,
I don't know whether this should be a complaint about a decision made, or about a service provided. It could be either or neither, since the Charity Commission have both decided not to be decisive, or be of much service to the residents of Barton & Tredworth.
What I wish to complain about specifically though, because it's best, I have found, to be specific, is that in September, one of the commission's employees, a Dan Holiday, dismissed my request for clarification by saying that he could 'only provide a copy of my colleague’s e-mail originally issued on 21 July 2011 which for your convenience I have enclosed below:'
However, that 'colleagues's e-mail', being well over a year old, had absolutely no relevance to my request, as it was written before the circumstances which prompted my request (late submission of accounts) even arose. When I sent a fresh email pointing this out, it was ignored, and I haven't had a reply since, apart from an automatic notification.
So this is my complaint about that dismissal by Dan Holiday. These are the details of the email:
Subject:
20120906 - Return of accounts - Kilker, Mr CC:04055635
Date:
06/09/2012 15:26:23 GMT Daylight Time
From:
enquiries@charitycommission.gsi.gov.uk
and the details of the charity are: BARTON AND TREDWORTH COMMUNITY TRUST - 1089540
I hope to hear from the Tribunal/commission before Christmas, or else as soon as practicably possible.