The King Edward VI High School for Girls Birmingham Trust (Registered Charity number 1159413) was set up in 2014 to receive gifts on behalf of King Edward VI
High School for Girls.
You can find below the key information and policies relating to The KEHS Trust. You can also find out more about us, including our annual financial returns, by finding us on the Charity Commission website.
Gift Acceptance Policy
1. Mission of the Trust
The King Edward VI High School for Girls Birmingham Trust (“the Trust”), a charitable organisation registered with the Charity Commission (Registered Charity number 1159413), encourages the solicitation and acceptance of gifts for purposes that will help the Trust to further and fulfil its mission. The mission of the Trust, as set out in the Declaration of Trust, is:
“For the public benefit to promote the education of pupils at King Edward VI High School for Girls Birmingham in such ways as the Trustees think fit, including awarding to pupils at the School scholarships, bursaries, assisted places, maintenance allowances or grants on the basis of financial need to enable them to attend the School.
To advance the education of pupils at the School by providing and assisting the provision of facilities for education at the School.”
2. Purpose of this policy
On behalf of the Trustees the Development & OE Office solicits gifts from individuals, corporations, and charitable trusts and foundations, to help further the mission of the Trust. These policies and guidelines govern the acceptance of gifts by the Trust and provide guidance to prospective donors and their advisers when contemplating and/or making gifts to the Trust. The provisions of these policies shall apply to all gifts offered to and/or received by the Trust.
3. Use of advisers and enquiries of donors
3.1 The Trust
The Trustees may seek legal or other advice in matters relating to the acceptance of gifts where they consider it appropriate to do so. Examples (which are not intended to be exhaustive) are:
The offer of shares in private or public companies which might be subject to restrictions or which carry obligations or options for the holder.
Any transaction governed by contracts or legal documents. This could include trusts naming the Trust as a trustee or any document obligating the trustee to take specific actions.
Transactions with potential conflict of interest.
3.2 Donors
The Trustees and the Development & OE Office are not responsible for the financial, tax or legal position of donors or of prospective donors in relation to their gifts. Donors or prospective donors must take such advice as they deem necessary and in no circumstances are they entitled to rely on guidance offered by the Trustees and/or the Development and OE Office, whether written or verbal, which can only ever be generic in nature.
To comply with money laundering and related legislation as this might apply from time to time the Trustees and/or the Development & OE Office might require donors and potential donors to provide reasonable proof of identity and, if necessary, furnish information as to the origin of the gift to be donated.
4. Restrictions on gifts
Subject to the provisions in 3.2 above, the Trust will accept unrestricted gifts, and gifts for specific purposes, provided that such gifts are not inconsistent with its stated mission, or wider purposes and priorities. The Trust will not accept gifts that are too restrictive in scope. Gifts that may be regarded as too restrictive are those that violate the terms of the Declaration of Trust, gifts that are too difficult to administer or gifts that are for purposes outside the wider aims of the Trust. All final decisions on the restrictive nature of a gift, and its acceptance or refusal, shall be made by the Trustees, although efforts will always be made to establish if the reasonable wishes of donors can be respected.
5. Types of gifts and forms of gifts that are accepted
The following gifts are or may be acceptable (depending on restrictions):
- Cash or equivalent
- Tangible personal property
- Shares
- Real estate (property and land)
- Bequests
- Other gifts
The following criteria govern the acceptance of each type of gift:
5.1 Cash or equivalent
In order to comply with money laundering regulations, cash donations of over £50 will not be accepted. Cheques are accepted and should be made payable to ‘The KEHS Trust’. The Trust accepts payments by Credit Card and Direct Debit which can be made via a donation form or online here. All cash (or equivalent) gifts are processed by the Development & OE Office on behalf of the Trust and any such gifts should be sent to: The King Edward VI High School for Girls Birmingham Trust, Development & OE Office, King Edward VI High School for Girls, Edgbaston Park Road, Birmingham, B15 2UB.
5.2 Shares
The Trust can accept both publicly traded securities and closely held securities.
Publicly traded securities: Marketable securities may be accepted subject to completion of the necessary transfer formalities and the payment of any Stamp Duty. As a general rule, all marketable securities will be sold upon receipt unless otherwise directed by the Trustees acting on the advice of their appointed investment advisers. In some cases marketable securities may be restricted by applicable securities laws; in such instance the final determination on the acceptance of the restricted securities will be made by the Trustees, acting on such advice as they deem to be necessary.
Closely held securities: Closely held securities, which include not only debt and equity positions in non-publicly traded companies but also interests in limited partnerships and limited liability companies, or other ownership forms, can be accepted subject to the approval of the Trustees. However, such gifts must be reviewed prior to acceptance to determine:
There are no restrictions on the security that would prevent the Trust from ultimately converting those assets to cash.
The security is marketable or likely to become marketable in due course (without imposing any undue costs, administrative or other burdens in the interim).
The security will not generate any undesirable tax consequences for the Trust.
If potential problems are identified on an initial review of the security, further review and advice from suitable outside professionals may be sought before making a final decision on acceptance of the gift. The Trustees (acting on any necessary advice) will make the final determination on the acceptance of closely held securities. In the normal course of events every effort will be made to sell non-marketable securities as quickly as possible, unless professional advice is to hold the security or to defer its sale.
5.3 Tangible personal property
Tangible personal property includes art, furniture, books, School memorabilia, coin and stamp collections, jewellery, vehicles and any other personal property item owned by a donor. It excludes property and land (see 5.4). Trustees will examine a potential gift of tangible personal property for the item’s financial value, its potential use by the Trust and/or the School, any associated ongoing risks or costs to the Trust and/or the School (e.g. insurance) and, if the item will not be used or kept, whether the item could be sold quickly and converted into cash.
5.4 Real estate (property and land)
Gifts of real estate may include gifts of developed property or undeveloped land. Prior to acceptance of gifts of real estate the Trust shall require a structural survey or other similar review of the real estate to ensure that it offers no significant on-going financial or environmental risks or costs to the Trust. The cost of such survey or review will generally be an expense of the donor. Prior to acceptance of the real estate, the gift will have to be approved by the Trustees acting on such advice as they deem to be necessary. Some criteria for acceptance of the real estate (but not an exhaustive list) are as follows:
Is the real estate useful for the purposes of the Trust?
Is the real estate marketable?
Are there any restrictions, reservations, easements or other limitations associated with the real estate?
Are there on-going costs, which may include insurance, taxes and mortgages associated with the real estate?
Does the structural survey show that the real estate is in a reasonable state of repair and likely to remain so prior to disposal?
The Trustees may accept a remainder interest in a personal residence, farm, or vacation property subject to the provisions above. The donor or other occupants may continue to occupy the property for the duration of the stated life. On the death of the donor, the Trustees may use the property or convert it to cash at their absolute discretion.
5.5 Bequests
The Trust will accept bequests for the benefit of the Trust. The Trust asks donors wishing to leave a bequest to execute an appropriate Codicil or include in their Will the suggested wording available in the legacy brochure or online here. The Trustees are also keen that such donors complete and return a pledge form so that they can keep accurate records of those who have made a provision in their Will or Codicil and such pledge form should be kept updated from time to time (e.g. if the size and/or conditions attaching to the bequest changes).
5.5 Other gifts
The acceptance of any other gifts not listed above would have to be discussed by the Trustees.
6. Gift acceptance decision making process
The final decision on the acceptance of gifts shall rest with the Trustees. All reasonable efforts will be made to adhere to this policy and guidelines, as agreed from time to time, but this will not restrict the absolute discretion of the Trustees to make a decision even if this actually or apparently contradicts the policy.
7. Reporting and reviewing
Reporting: The Trust is audited every year and produces a formal report and financial statement which is available on the Trust website, on request from the Development & OE Office or via the Charity Commission.
Reviewing: This policy will be reviewed annually to include any new types of gifts that the Trust will accept and to ensure it complies with new legislation.
8. Approval
These policies and guidelines have been reviewed and accepted by the Trustees of the Trust. The Trustees of the Trust must approve any changes to, or deviations from, these policies.
Ethical Policy
A. Fundraising practices
- The Trustees of the Trust will be responsible for agreeing the fundraising strategy for the Trust.
- All fundraising for the Trust will be undertaken by the Development & OEA Office, King Edward’s School, Edgbaston Park Road, Birmingham, B15 2UA or representatives and volunteers working on behalf of this office.
- All fundraising undertaken by the Development & OE Office shall be monitored and reviewed by the Development Committee who will report to the Trustees in accordance with its written terms of reference.
- The Trustees will allow the Development & OE Office to actively seek funding for a particular project provided that it:
- Is fully-costed (including all additional staff and running costs.
Is approved by the Principal and the External Relations Committee as being strategically important in improving the provision of education at the school
- Fits with the Trust’s charitable objects, namely: “The advancement of education by supporting the provision of education at King Edward VI High School for Girls (the “School”) in such ways as the Trustees see fit in particular (but without prejudice to the generality of the foregoing) by providing funds to support the provision of bursaries to girls on the basis of financial need to enable them to attend the School.
- Involves no or minimal net cost to the Trust in terms of financial commitment at the end of the period covered by the gift.
- Fundraising solicitations on behalf of the Trust will:
- Be truthful;
- Accurately describe the intended use of donated funds;
- Be made in accordance with any applicable requirements under Part II of the Charities Act 1992 and The Charitable Institutions (Fundraising) Regulations 1994
- Volunteers and employees who solicit or receive funds on behalf of the Trust shall:
- Adhere to the provisions of these guidelines;
- Act with fairness, integrity, and in accordance with all applicable laws;
- Adhere to the provisions of applicable professional codes of ethics standards of practice etc. which might also apply to them as individuals;
- Cease solicitation of a prospective donor who identifies solicitation as harassment or undue pressure;
- Disclose immediately to the Trustees any actual or apparent conflict of interest;
- Not accept donations for purposes that are inconsistent with the Trust’s charitable objects as set out above.
- Paid fundraisers, whether staff or consultants, will be compensated by a salary, retainer or fee, and will not be paid finders’ fees, commissions or other payments based on either the number of gifts received or the value of funds raised. Compensation policies for fundraisers, including performance-based compensation practices (such as salary increases or bonuses) will be consistent with the school’s policies and practices that apply to non-fundraising personnel.
- The Trust will not sell either its donor or alumni lists.
- The Trustees will be informed at least annually of the number, type and disposition of complaints received from donors or prospective donors about matters that are addressed in these guidelines.
B: Acceptance of gifts
The following principles should be considered for all gifts which may, in the opinion of the Trustees, have a controversial dimension, but which should in any case be considered in the case of all gifts that may amount to over £1 million in total value:
- Does the potential gift fit with the Trust’s charitable objects as set out above?
- Is there published or other credible evidence that the proposed gift will be made from a source that arises in whole or in part from an activity that:
- Evaded taxation or involved fraud?
- Violated international conventions that bear on human rights?
- Involved any illegal activity?
- Is there evidence that the proposed benefaction, or any of its terms will:
- Require action that is illegal?
- Seriously damage the reputation of the Trust or the school?
- Create unacceptable conflicts of interest?
- Harm the Trust or school’s relationships with stakeholders (e.g. donors, parents, staff, pupils).
In the case of potential gifts which may conflict with any or all of the above principles, it is the responsibility of the Development Director, at an early stage in discussions and certainly before an ‘ask’ has been made, to alert the Trustees. The Trustees will then decide whether or not further discussion should be pursued with the potential benefactor.
C: Rights of donors
All fundraising solicitations will be undertaken by the Development & OE Office, King Edward VI High School for Girls, Edgbaston Park Road, Birmingham, B15 2UB or appointed representatives of this office. Printed solicitations (however transmitted) will include the address or other contact information for this office.
- All fundraising solicitations will disclose the Trust’s name and the purpose for which the funds are requested.
- Donors and prospective donors are entitled to the following, promptly upon request:
- The Trust’s most recent annual report and financial statements;
- Confirmation of the charitable status of the Trust;
- A copy of this ethics code
- Donors and prospective donors are entitled to know, upon request, whether an individual soliciting funds on behalf of the Trust is a volunteer or an employee.
- Donors will be encouraged to seek independent advice if the Trust has any reason to believe that a proposed gift might significantly affect the donor’s financial position, taxable income, or relationship with other family members.
- Donors’ requests to remain anonymous will be respected.
- The privacy of donors will be respected. Any donor records that are maintained by the Development & OE Office on behalf of the Trust will be kept confidential and in accordance with the Data Protection Act 1998. Donors have the right to see their own donor record, and to challenge its accuracy.
- Donors and prospective donors will be treated with respect. Every effort will be made to honour their requests to:
- Limit the frequency of solicitations;
- Not to be solicited by telephone or other technology;
- Receive printed material concerning the Trust.
- The Trust will respond promptly to a complaint by a donor or prospective donor about any matter that is addressed in this ethics policy. A designated member of the Development & OE Office or volunteer will attempt to satisfy the complainant’s concerns in the first instance. A complainant who remains dissatisfied will be informed that he/she may appeal in writing to the Trustees and will be advised of the outcome of the appeal.
D: Financial accountability policy
- The Trust’s financial affairs will be conducted in a responsible manner, consistent with the ethical obligations of stewardship and the legal requirements of national regulators.
- All donations will be used to support the charitable objects of the Trust.
- All restricted or designated donations will be used for the purposes for which they are given. If necessary due to programme or organisational changes, any proposed alternative uses will be discussed where possible with the donor or the donor’s legal representative.
- Annual financial reports will be factual and accurate in all material respects and will:
- Disclose the total amount of fundraising revenues;
- Disclose the total amount of fundraising expenses;
- Identify government grants and contributions separately from other donations;
- Be prepared in accordance with generally accepted accounting principles and standards.
- The cost effectiveness of the Trust’s fundraising programme, undertaken by the Development & OE Office, will be subject to periodic review by the Development Committee in accordance with its written terms of reference.
Financial Information
The KEHS Trust (RCN: 1159413) is registered with the Charity Commission in England & Wales.
Each year, it uploads its full, audited accounts to the Charity Commission website. You can access these records here.
