Roles and responsibilities

Where the early years setting is run by a committee the whole committee is the registered person. The 'registered person' is responsible for making sure that the provision meets legal requirements in the (EYFS). The committee must ensure that the assets, employees and activities of the charity are managed effectively to help achieve its purpose. This means the committee is liable for ensuring all legal requirements are met. They can also be liable for issues such as money owed, legislation not met. Ofsted expects every person making up the committee to understand their responsibilities in taking up such a role.

The essential trustee guide has lots of useful information at assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1171397/CC3_feb20.pdf.

Constitution

The governing document of the setting is the constitution which gives information about how the setting is run. It is a legal requirement that all charitable organisations have a constitution. The constitution or governing document of a charity states the aims of the setting, how it will be run and who is responsible for it. The constitution will state the minimum and maximum number of people needed to make up a committee. Running below this number is illegal. The constitution will include details about how meetings should be organised, how the group are allowed to fundraise and who is allowed to vote. The constitution or governing document provides details of how the Committee must operate. It is important that all Committee members have seen and read the constitution. If the Committee cannot find its constitution, they should contact the Charity Commission for a copy.

If the Committee decide to amend the constitution it is a legal requirement that they should contact the Charity Commission first to ask permission to make the changes. If the setting has adopted a constitution provided by a membership organisation they must contact that organisation for details of how to proceed with any amendments.

Committee role is a managerial one, ensuring that the setting meets its legal obligations, making decisions about the running of the setting and maintaining an overview of how the setting is performing. The responsibility is shared by the whole committee. Please note that the law states that committee members cannot be paid or receive reductions in the rate they pay for childcare in return for their work on the committee. However paid staff members may join the committee if it is allowed by the constitution, but must remove themselves from any discussions relating to personnel and finance. In addition, parents who are committee members must not be given preferential treatment over other parents as a reward for being on the committee. This is not permitted by law.

The committee can employ people to take on particular roles e.g. book keeper, administrator etc. These people would not be members of the committee unless the constitution allows it. Where the committee give responsibility to others the committee is ultimately responsible for their work.
The Chair of the committee may request that paid staff attend meetings to present reports and discuss items on the agenda. They are not expected to attend the whole meeting, only the part they are invited for. Check the constitution for further information about meeting rules.
Legal obligations - Statutory and common law obligations must be met by all organisations. It is the committee's responsibility as the employer to keep up to date with any changes in legislation, as you are not formally informed. See appendix 2 (PDF, 103 KB).
Ensure all records are kept in line with your GDPR requirements, your governance, your insurer's requirements, and you are compliant with any advice from your accountant.
In a committee all members have equal responsibility. However, for the committee to meet certain legal requirements and run effectively there are some key roles that need to be filled. These key roles are often referred to as Officer Roles.

Responsibilities

The responsibilities of each of the key roles are as follows.

Chair

It is a legal requirement that every charitable committee has a Chairperson. They are the spokesperson of the committee, representing the committee where necessary. The Chair manages meetings and helps the committee work as a team and often line manages the setting.
Lead meetings, ensuring they are effective, keeping to the agenda and run to time. The chair holds the casting vote where there would otherwise be a tie.
Distribute tasks fairly to other members of the committee.
Act as first point of contact for committee issues.
Ensure that safer recruitment procedures are followed and that all new staff, volunteers and committee members receive a full and thorough induction.
Performance management of the setting manager, conducting their supervision is a key requirement of the EYFS. (The manager is responsible for ensuring the performance management of the other setting staff.)
Ensure that all staff and committee members have appropriate Disclosure Barring Service (DBS) checks in place. This includes informing Ofsted immediately when there is a change of committee member or setting manager.
Conducting a meeting and presenting a report for the AGM in line with your constitution.

Secretary

Deal with correspondence on behalf of the group including HR information for new staff for example, sending the contract.
With the Chairperson, prepare agendas and circulate them in advance so that committee members have the opportunity to prepare for the meeting.
Make sure that written minutes are taken during the meeting and sent to all committee members and staff in a timely manner. Remember to ensure that confidential issues are recorded and circulated appropriately.
Ensure that adequate notice of the Annual General Meeting (A.G.M) or Extraordinary General Meetings (E.G.M) is given to all parents/carers/members with a copy of the agenda and in line with the governing document.
Assist in changes to policies and procedures alongside the manager of the setting.
Ensure effective communication with parents in conjunction with the setting manager and staff.
Manage communications with other bodies such as hall management committees.
Advise appropriate groups e.g. Charity Commission, Norfolk County Council, Ofsted, Professional bodies where memberships are held, about any changes to the group/committee or staff.
Keep a diary of important dates e.g. insurance renewal, Ofsted registration, lease renewal, professional membership renewal.
Maintaining the settings records for example a single central record.

Treasurer

Work with the committee to ensure that the financial stability of the setting is maintained.
Oversee the work of any person the committee may employ to carry out financial work.
Ensure safe accounting systems are in place at all times.
Not make financial decisions without the full consent of the committee.
Ensure accurate records are kept of all financial transactions.
Support the committee in making financial decisions by providing cash flow forecasts and information from the annual budget set by the committee.
Make sure, with committee members, that the group's budget allows for emergency/contingency funds/reserves to deal with emergency repairs, staff redundancy etc
Review childcare fees and staff wage increases.
Ensure all bills, invoices and wages are paid on time.
Ensure a robust procedure is in place for ALL monies received from fees and fundraising and that it is checked and banked as soon as possible.
Ensure reconciliation of accounts is carried out.
Arranges for an annual independent review of accounts prior to the AGM.
Provide a written financial report at each committee meeting. This will ensure that all committee members are fully informed of the group's current financial position.
Submit annual accounts to the Charity Commission.
Monitor payment of fees and follow the procedure for late payment.
Seek extra funding for the group by means of fundraising and grant applications to ensure financial stability of the group is achieved and maintained.
Ensure regular review of the Early Years Portal to assist with budget monitoring.
Provide a written statement of fundraising amounts as soon after the event as possible.

All committee

Ensure confidentiality is always maintained. Confidentiality requires information to be kept safe and private. Sharing information should be on a need-to-know basis where you have permission to share the information.
It is the responsibility of all committee members to ensure that the group: Meet all the legal requirements set out in the Early Years Foundation Stage framework (EYFS) - www.gov.uk/government/publications/early-years-foundation-stage-framework--2 - to function as a childcare setting, employer and registered charity, including meeting safeguarding requirements. The EYFS defines the legal requirements and standards for promoting the welfare, learning and development of children from birth to five years in childcare. Committees should have a good understanding of the requirements as they are ultimately responsibility for ensuring that they are met
Code of Conduct- This is a set of standards that outlines how the setting expects its committee members, staff and volunteers to act. The expectation is all involved with the setting will act professionally in all matters relating to the setting.
Ensure the group adopt and comply with their constitution, policies and procedures. (All committee members should familiarise themselves with these documents).
Make sure the setting staff maintain a safe environment for children and adults, including;
- Safety standards of toys and equipment
- Building and grounds checks
- Ensure risk assessments are completed
- Ensure that fire drill records, visitor's books and first aid boxes, accident and safeguarding records are all maintained
- Ensure staff are aware of and comply with relevant Health and Safety legislation
In addition to these responsibilities fundraising should be considered. This could include discussing ideas, creating yearly plans, reviewing how successful previous ideas have been and finding and using new resources