PAPER D

 

 

                                                                                                              Purpose : For Decision

                        REPORT TO THE EXECUTIVE

 

Date :              3 DECEMBER 2002

 

Title:                FORMATION OF THE BRENDA JAMES TRUST FUND

                       

REPORT OF THE PORTFOLIO HOLDER FOR EDUCATION, AND LIFELONG LEARNING

 

IMPLEMENTATION DATE: 13 DECEMBER 2002

 

 

 


SUMMARY/PURPOSE

 

1.      Members are asked to agree to the establishment of the Brenda James Trust Fund in order to receive a bequest from Mrs. Brenda James and put it to use to develop music in Island Schools.

 

 

BACKGROUND

 

2.      In 2001 the Isle of Wight Council was approached by Solicitors, acting as trustees of a bequest left by their client, Brenda James, for the benefit of young people on the Isle of Wight.

 

3.      The Solicitors were keen to identify the ways in which the money that had been left could best be put to a use that was in keeping with Mrs. James’ profession as a schoolteacher, who had a love of music.

 

4.      Following long discussions and a great number of meetings, the Solicitors are clear  that it would be consistent with the will for part of the bequest to be used to benefit musicians in schools.  To this end it has been working with the Council’s School’s Music Service to identify the objectives that could be realised by using the bequest.

 

5.      These broad objectives have now been agreed with the Solicitors and are summarised below for information:

 

·        Providing tuition in musical instruments

·        The provision of musical instruments and equipment

·        The payment of business and awards for music tuition and education

·        Assistance to enable pupils to receive music tuition

·        Subsidising musical events

 

6.       The possible practical application of these objectives are set out in Annex 1 herewith.

 

7.      In order that the bequest can be “passed on” for the benefit of school musicians, it is necessary to establish a charitable trust to administer it.  A draft trust deed has been created in conjunction with the Council’s legal department and the name of the trust established as the Brenda James Trust Fund.

 

STRATEGIC CONTEXT

 

8.      The development of the trust for the objectives set out contributes to the theme of developing learning and skills as set out in the Community Strategy and to the objectives of raising education standards and promoting lifelong learning in the Corporate Plan.

 

9.      The establishment of the trust to increase the availability of school based music tuition is a specific task (Nr.11) in the current Community Development Service Plan.

 

CONSULTATION

 

10. Extensive dialogue has taken place with RJR as the trustees of the original bequest.  These discussions have also involved the Youth Service and a local youth arts organisation to advise on the opportunities for allocating the bequest for the widest benefit of young people.

 

FINANCIAL/BUDGET IMPLICATIONS

 

11. The trust will receive a sum in the order of £60,000 from the Brenda James Bequest and it would seek to use this fund and the income derived from it to deliver the trust’s objects.

 

12. There is no additional Council expenditure associated with this proposal other than officer time in administration.

 

LEGAL IMPLICATIONS

 

13. The proposal for the Trust is that the Council is sole trustee. Discharge of the duties of trustee will be an executive function, delegated under the recommendation to th e Strategic Director of Education and Community Learning.

 

14. In order to ensure that the trust is administered efficiently and in accordance with the terms of the bequest, it is proposed that he trust is to be administered with the benefit of an advisory group comprising of:

 

·        The relevant portfolio holder

·        The Head of Music

·        A teacher from a community school

 

15. The power to undertake activity and to incur expenditure in developing and improving understanding and practice of the arts (in addition to powers created by the Education Acts) is created by s145 Local Government Act 1972. S139 Local Government Act 1972 establishes the power in the local authority to accept gifts of property.

 

OPTIONS

 

i.   Members agree to the establishment of the Brenda James Trust Fund for the purposes set out in this report, the council being sole trustee (subject to registration by the Charity Commissioners).

 

ii.   Management of the trust be specifically delegated to the Strategic Director of Education and Community Development (or a person nominated by him).

 

iii.  Management of the trust be specifically delegated to the Portfolio Holder for Education and Lifelong Learning.

 

iv.   That an advisory group be established, including the Portfolio Holder for Education and Lifelong Learning, in order to make recommendations and the Head of Music to oversee the administration of the trust.

 

EVALUATION/RISK MANAGEMENT

 

16. The establishment of the Trust offers the Council a real opportunity to increase the range and scope of the music tuition that it is able to offer to young people, especially those that are less well off. Without the Trust there would be no vehicle by which the Council could accept money from the bequest and the opportunity would be lost.

 

17. Management of the trust could be undertaken in a number of ways. Essentially there is a choice to be made between involving one or more members in the operational administration of the trust, or establishing a structure which devolves this function to a senior officer who has the ability to seek guidance from an advisory body including the relevant portfolio holder and an expert in the field of music education. It is suggested that this approach best meets the need for efficient administration which draws on the portfolio holder only when it is necessary to do so to achieve the purposes of the trust.

 

RECOMMENDATIONS

 

That options i, ii and iv be adopted

 

BACKGROUND PAPERS

 

·        Draft Trust Deed

·        Correspondence from Robinson, Jarvis & Rolf, Solicitors (exempt)

 

 

 

Contact Point: John Metcalfe 823825

 

D PETTITT

Strategic Director of Education and Community Development

J WAREHAM

Portfolio Holder for Education and Community Development

JILL WAREHAM

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annex 1

 

 

 

BRENDA JAMES LEGACY TRUST FUND

 

 

 

Possible activities to be supported:

 

 

·        One-off day-long projects to provide taster experiences for large numbers of pupils from LEA schools delivered by visiting professional artistes as advised by the Head of Music Service.  Educational benefits would include providing an opportunity to many new pupils of playing a musical instrument, leading to an increase in the numbers of those going on to acquire a skill for life.

 

·        Establishment of a sheet music resource library to be made available to pupils from less well off backgrounds.

 

·        Establishment of a bursary scheme specifically to support pupils from less advantaged backgrounds who show above average musical aptitude.  All lessons to be delivered by qualified and experienced Music Service staff in accordance with LEA and DfES policies and procedures.

 

·        Establishment of a “minority instrument bank” to improve accessibility of all pupils to large and expensive but essential band and orchestral instruments.