A legal structure refers to how your forum is set up. There are different legal structures to choose from. It’s important to consider which one is right for your forum, because it affects who runs it, who is liable for what the forum does, and whether the forum can enter into contracts, or employ staff in its own name.
Contact does not recommend any one legal structure over another. Forums are independent organisations and need to decide on which legal structure will be most effective for them. However, unlike other community organisations, forums’ purpose is to enhance and develop parent carer participation. Parent carer forums do need to have processes in place that ensure there are fair, transparent, and accessible ways for parent carers to get involved in the decision-making about their forum. This includes opportunities to take on leadership roles.
What do parent carer forums need to consider when choosing a legal structure?
- Whether the forum’s purposes are charitable.
- What your activities are, and who is liable.
- Whether you want to employ staff and/or enter into contracts.
- Where any additional income might come from (in addition to the DfE grant). Some funding may require a certain legal structure, for example if you plan to charge for any service such as training.
- Membership and/or who your members will be.
- How the forum will ensure parent carers are at the heart of decision-making. They must ensure that systems and processes enable effective parent carer participation.
Resourcecentre has a route map which could help you think about what structure might be right for your forum.
Once you have considered these areas, you will need to look at the range of structures available and decide which best suits your forum. It is good practice for a forum to review its structure periodically to ensure that the structure you have remains the best option for you:
- Unincorporated associations.
- Running under the umbrella of another organisation (hosted).
- Charity.
- Charitable incorporated organisations (CIO).
- Community interest company (CIC).
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Take time to consider your options and seek external advice if you need to. Forums can receive advice from their contact adviser and receive external support via the support offer.
Charitable purposes
The Charity Commission has guidance on what makes a group’s purposes charitable. The forum is likely to need to register with the Charity Commission if its purposes are deemed charitable in law.
Being charitable is not a legal structure. However, it is likely to influence the type of legal structure you can use. Find out more about what is considered a charitable purpose on the gov.uk website, including whether you need to register. (This usually applies to any group with an annual income of £5,000 such as the DFE grant).
Decision-making and membership
It is important that forums involve parent carers in their community in the decision-making about which legal structure a forum will adopt. They should regularly review decision-making processes to ensure they are working as effectively as possible for the forum.
Forums need to be open to all parent carers of children and young people with SEND aged 0-25, irrespective of how its legal structure defines its membership. The legal structures available offer a foundation model of governance, or association model of governance.
The foundation model of governance usually means that a smaller group, such as trustees, directors or steering group/committee, make decisions about how the forum runs. This group usually have voting rights and overall control and responsibility in law. They may be appointed for an unlimited time. They will probably appoint new trustees, directors or steering group/committee members.
If your forum decides on a legal structure that offers a foundation model of governance, it is important to build in robust systems to enable the wider parent carer community opportunities to influence and get involved in making decisions about the running of the forum.
The association model is where there is a wider membership that needs to be engaged to make some decisions about the running of the forum. The wider voting membership must make certain decisions, such as amending the constitution. They will usually appoint some or all the individuals who run the forum day to day.
Other legal structures and more resources to help you choose
We have highlighted some of the structures available, but there are many more available.
Do you have any thoughts about this page? Visit our How to feedback page to share them.
Looking for something else? You can find a full list of pages on our Parent carer forum handbook contents page.
Find out more about legal structures
Legal Structures and governance
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Understanding Legal Structures
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Community Matters
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Membership
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Support for forums
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Support for forums
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