News

Awards for all make things easier for Durham’s Deaf Community!

The Lottery fund Awards for all has awarded a grant of £10.000 to support a local deaf charity based in Spennymoor in its work with Deaf people and their families.

Codeaf (county Durham Equal Access Forum) has been given the award to help set up support groups for families with a deaf member.

Commenting on the award Richard Moriarty – Co.deaf’s projects Development Officer said “we are delighted that Awards for all has enabled this work to take place. Thanks to this grant Deaf people’s families will be supported in learning to use sign language and other communication techniques, alongside other families and deaf youngsters, this will give lots of people particularly children the opportunity to support each other and learn together.

Parents of Deaf children will be more able to support their child as the youngster develops and learns as their communication skills will improve over time and they will be able to fully communicate with their deaf youngster in a manner suited to the deaf child’s needs.

 

The project will also provide support in coping with problems caused through deafness in the family – with free advice and information alongside the opportunity to try different specialist equipment before people buy it to ensure what they are getting suits their needs adequately.

 

DRAFT - PROPOSED NEW Co.deaf Constitution

 

1.             Name and status

The Forum shall be known as the County Durham Equal Access Forum (Co.deaf)

 

2.             Objects

The objects of the Forum are to promote and uphold the social, educational, communicative, legal, medical and welfare rights of all deaf people who live in County Durham and the surrounding area.  (The deaf residents of this county are defined as anyone with any degree of hearing loss who will use any type of communication method)

And in particular to provide

 

Promotion of Equality and Diversity for Deaf, deafened, deaf-blind and hard of hearing people

The promotion of equality and diversity for the public benefit by:

·        the elimination of discrimination on the grounds of disability;

·        advancing education and raising awareness in equality and diversity;

·        promoting activities to foster understanding between people from diverse backgrounds;

·        conducting or commissioning research on equality and diversity issues and publishing the results to the public;

·        cultivating a sentiment in favour of equality and diversity.

 

 

Advice and counselling

  • The relief of the physical and mental sickness of persons in need by reason of being or becoming Deaf, deafened, deaf-blind and/or hard of hearing people, in particular by the provision of counselling and support.
  • The provision of free advice and assistance to persons who, through lack of means or communication skills, would otherwise be unable to obtain such advice.
  • To relieve the mental and physical sickness of Deaf, deafened, deaf-blind and  hard of hearing people resident in Co. Durham and the surrounding areas, suffering from bereavement or loss by the provision of counselling and support for such persons.

 

 

Relief of Sickness

  • The relief of sickness and the preservation of health among Deaf, deafened, deaf-blind and hard of hearing people residing permanently or temporarily in Co. Durham and the surrounding areas."
  • To assist in the treatment and care of persons suffering from mental or physical illness of any description or in need of rehabilitation as a result of such illness, by the provision of facilities for work and recreation.
  • To promote and protect the physical and mental health of sufferers of Deafness deaf-blindness and  loss of hearing in Co. Durham and the surrounding areas through the provision of support, education and practical advice
  • To advance the education of the general public in all areas relating to Deafness, deafened deaf-blind and  hard of hearing people
  • To preserve and protect the health of patients by providing and assisting in the provision of facilities, support services and equipment not normally provided by the statutory authorities.
  • To advance the education of the public in Deaf matters by the provision of lectures, information and by the publication of newsletters devoted to Deaf, deafened deaf-blind and hard of hearing people."

 

 

 

 

3.             Powers

 

(1) In addition to any other powers it may have, the Charity has the following powers in order to further the Objects (but not for any other purpose):

 

(a) to raise funds. In doing so, the Charity must not undertake any

substantial permanent trading activity and must comply with any

relevant statutory regulations;

 

(b) to co-operate with other charities, voluntary bodies and statutory

authorities and to exchange information and advice with them;

 

(c) to establish or support any charitable trusts, associations or

institutions formed for any of the charitable purposes included in the

Objects;

 

 

(d) to acquire, merge with or to enter into any partnership or joint venture arrangement with any other charity formed for any of the Objects;

 

(h) to set aside income as a reserve against future expenditure but only in accordance with a written policy about reserves;

 

(j) to employ and remunerate such staff as are necessary for carrying out the work of the Charity. The Charity may employ or remunerate a

trustee only to the extent it is permitted to do so by clause 5 and

provided it complies with the conditions in that clause;

 

(k) to:

 

(i) deposit or invest funds;

(ii) employ a professional fund-manager; and

(iii) arrange for the investments or other property of the Charity to

be held in the name of a nominee; in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000;

 

 

(l) to provide indemnity insurance for the Directors or any other officer

of the Charity in relation to any such liability as is mentioned in subclause

(2) of this clause, but subject to the restrictions specified in subclause

(3) of the clause;

 

 

4                 Indemnification of Employees and Trustees

 

 

1) The income and property of the Charity shall be applied solely towards the promotion of the Objects.

 

(2) (a) A trustee and/or employee is entitled to be reimbursed from the property of the Charity any reasonable expenses properly incurred by him or her when acting on behalf of the Charity.

 

(b) Subject to the following restrictions a trustee may benefit from trustee indemnity insurance cover purchased at the Charity's expense

 

The following liabilities are excluded-

i) Any liability that by virtue of any rule of law would otherwise attach

to a director of a company in respect of any negligence, default breach of duty or breach of trust of which he or she may be guilty in relation to the Charity;

 

ii)  the liability to make a contribution to the Charity's assets as specified in section 214 of the Insolvency Act 1986 (wrongful trading).

 

iii) fines;

 

iv) costs of unsuccessfully defending criminal prosecutions for

offences arising out of the fraud, dishonesty or willful or reckless

misconduct of the Director or other officer;

 

v) liabilities to the Charity that result from conduct that the

Director or other officer knew or must be assumed to have

known was not in the best interests of the Charity or about

which the person concerned did not care whether it was in the

best interests of the Charity or not.

 

(3) None of the income or property of the Charity may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the Charity. This does not prevent a member who is not also a trustee receiving:

 

(a) a benefit from the Charity in the capacity of a beneficiary of the

Charity;

 

(b) reasonable and proper remuneration for any goods or services

supplied to the Charity.

 

 

 (4) No Trustee may:

 

(a) buy any goods or services from the Charity;

 

(b) sell goods, services, or any interest in land to the Charity;

 

(c) be employed by, or receive any remuneration from the Charity;

 

(d) receive any other financial benefit from the Charity;

 

unless:

 

(i) the payment is permitted by sub-clause (5) of this clause and the

Trustees follow the procedure and observe the conditions set

out in sub-clause (6) of this clause; or

 

(ii) the Trustees obtain the prior written approval of the

Commission and fully comply with any procedures it

prescribes.

 

(5) (a) A Trustee may receive a benefit from the Charity in the capacity of a beneficiary of the Charity.

 

(b) A Trustee may be employed by the Charity or enter into a contract for the supply of goods or services to the Charity, other than for acting as a Director.

 

(c) A Trustee may receive interest on money lent to the Charity at a

reasonable and proper rate not exceeding 2% per annum below the

base rate of a clearing bank to be selected by the Directors.

 

(D) A Trustee may receive rent for premises let by the Trustee to the

Charity if the amount of the rent and the other terms of the lease are

reasonable and proper.

 

 

 

(6) (a) The Charity and its Trustees may only rely upon the authority

provided by sub-clause 5 if each of the following conditions is

satisfied:

 

(i) The remuneration or other sums paid to the Trustee do not

exceed an amount that is reasonable in all the circumstances.

 

(ii) The Trustee is absent from the part of any meeting at which

there is discussion of:

 

• his or her employment or remuneration, or any matter

concerning the contract; or

 

• his or her performance in the employment, or his or her

performance of the contract; or

 

• any proposal to enter into any other contract or arrangement

with him or her or to confer any benefit upon him or her that

would be permitted under sub-clause 5; or

 

• any other matter relating to a payment or the conferring of any

benefit permitted by sub-clause 5.

 

(iii) The Trustee does not vote on any such matter and is not to be

counted when calculating whether a quorum of Trustees or executive committee is present at the meeting.

 

(iv) The other Trustees are satisfied that it is in the interests of the

Charity to employ or to contract with that Trustee rather than

with someone who is not a Trustee. In reaching that decision

the Trustees must balance the advantage of employing a

Trustee against that disadvantages of doing so (especially the

loss of the Trustee's services as a result of dealing with the

Trustee's conflict of interest).

 

(v) The reason for their decision is recorded by the Trustees in the

minute book.

 

(vi) A majority of the Trustees then in office have received no such

payments.

 

(b) The employment or remuneration of a Trustee includes the

engagement or remuneration of any firm or company in which the

Director is:

(i) a partner;

(ii) an employee;

(iii) a consultant;

(iv) a director; or

(v) a shareholder, unless the shares of the company are listed on a

recognised stock exchange and the Director holds less than 1%

of the issued capital.

 

4.                MEMBERSHIP

Membership will be made via application to the executive committee.

 

a)    Membership shall be open to any person who has any degree of hearing loss.  Members shall respect any method of communication recognised and qualified by CACDP.

 

b)    Corporate members shall be representatives of organisations who will uphold the objectives of the Forum and whose applications are approved by the Executive Committee.

 

3.1    Unless otherwise stated reference to members hereafter shall be taken as meaning categories a) or b) inclusively.

 

3.2    Subscription fees (if any) shall be payable on such rates as the Forum at general meeting shall from time to time determine and shall become due within 28 days after such decision and on every 1st January thereafter.  Members must inform the secretary of any change in address.

 

3.3    Any member may resign from the Forum by giving notice in writing to the secretary of his/her intention to do so and upon the 31st December of the year in which the notice is given; he/she shall cease to be a member of the Forum.

 

3.4    The Executive Committee shall deem any member who is:

i)                   More than 28 days in arrears to have resigned and

ii)                 Request any member, in writing, whose conduct, in their opinion, is detrimental to the Forum’s objects to resign.  Should such a member fail to resign after receiving such a request, that member shall be allowed an opportunity to speak to the Executive Committee in reply before the decision is made permanent.

 

4.      Officers and committee

4.1           The Executive Committee shall consist of no more than 15 persons and no less than 5 persons.  For a decision to be carried, a quorum of no less than 4 Executive Committee members is required.

 

4.2           Should there be less than a quorum of the Executive Committee present at a meeting where a decision is to be carried, the meeting will be adjourned for no less than 14 days to enable a quorum to be gathered.

 

4.3           No changes to this constitution can be made without the agreement of not less than 4 members of the Executive Committee and in agreement with the charity’s trustees

 

4.4           At the inaugural meeting and every annual general meeting the Forum shall elect a chairperson and such other members of the Executive Committee as the Forum may from time to time decide.

 

4.5           Nomination from the members of the Forum for members of the Executive Committee must be made in writing and must be in the hands of the secretary at least 28 days before the annual general meeting.  Should nomination exceed vacancies, election shall be by vote at the annual general meeting.

 

4.6           The chairperson and members of the executive committee shall hold office until the conclusion of the annual general meeting of the Forum next after their appointment.

 

4.7           The duty of the Executive Committee shall be to carry out the general policy of the Forum and, subject to any conditions imposed from time to time by the Forum, shall provide the administration, management and control of the affairs and property of the Forum.

 

4.8           The Executive Committee shall have the power to co-opt persons whether or not being members of the Forum, to serve on the committee. 

 

 

4.9           The Executive Committee shall meet not less than 4 times a year and shall be entitled to conduct its business during the year by email, letter, fax or other means of written communication.

 

4.10     The Executive Committee may fill any casual vacancy in the Executive Committee or trusteeship and any person appointed to fill that vacancy shall hold office until the conclusion of the next annual general meeting of the Forum and shall be eligible for re-election at that meeting.

 

4.11     The Executive Committee may employ and pay for from the funds of the Forum any assistance required in order to carry out the duties of the Forum and any reasonable expenses incurred by members of the Executive Committee in due discharge of their duties.

 

5                   Auditors and accounts

5.1           The Forum shall appoint one or more qualified persons to carry out an audit or independent examination of the annual accounts (as required by the charities act 1993) and may determine their remuneration. (If any).

 

5.2           The Executive Committee shall cause to be kept true accounts of the monies received and expended for or on account of the Forum and of the assets, credits and liabilities of the Forum.  The accounts shall be closed on 31st December every year and shall be subject to an audit or examinations by the duly appointed person(s).

 

6                   Power to appoint representatives

6.1    The Executive Committee shall have the power to appoint any member of the Forum to act as its representative and to confer upon such representative voting powers on behalf of the Forum and to pay the reasonable expenses of any such representative.

 

7                   General Meetings

7.1           The annual general meeting of the Forum shall be held in each year at such time (not being more than 15 months since the last annual general meeting) and place as the Executive Committee shall determine.  The secretary shall give at least 21 days clear notice in writing to the members of the Forum.  Other meetings of the Forum shall be at such time determined by the Forum.

 

7.2           The secretary to the members of the Forum shall call a special meeting of the Forum at 14 days notice in writing on written demand of not less than 8 members or by the Chairperson of the Forum or by the Executive Committee.

 

7.3           At the annual general meeting, the business shall include the election of a Chairperson and Executive Committee members, the appointment of auditors and the consideration of the annual report of the work done by the Forum and of the audited accounts.

 

7.4           The quorum of the annual general meeting or general meeting shall be the lesser of either one quarter of the total numbers of members of the Forum or 6 members of the executive committee or such other number as the Forum may from time to time determine.

 

7.5           At any general meeting a resolution put to vote of the meeting shall be decided by show of hands.

 

7.6           In the case of equality of votes the Chairperson shall hold the casting vote, in addition to the vote to which he/she may be entitled to as a member.

 

7.7           The demand of a poll from the members shall not prevent the continuance of a meeting for the transaction of any other business other than the question of which the demand was made.

 

8                   Indemnification of the Executive Committee

8.1           Every member of the Executive Committee shall be entitled to be indemnified out of the assets of the Forum against all losses or liabilities legally incurred by him or her in the course of executing the business of the Forum as authorised by the Executive Committee.

 

9                   Notices

9.1           Any notice required to be served under these rules shall be deemed to be duly served by posting the same to the last known address of the member as recorded in the Forum’s books.

 

10             Alteration of the constitution

10.1     This constitution may from time to time be altered or new rules made at a general meeting, provided the particulars of any proposed alternations or rules are

(1)approved by the executive committee and trustees

(in accordance with 4.3 above)

 

(2)specified in the notice governing the general meeting,

and

(3)providing the same shall be approved by not less than two thirds of the members recorded as attending such meeting and providing that no alternation shall be made that shall have the effect of allowing the property of the Forum to be applied for purposes which are not charitable in law.

 

11             Procedure for dissolution

11.1     If, at any time the Executive Committee shall decide that the purposes of the Forum cannot continue to be carried out, they may, by resolution, determine that the Forum be wound up but such resolution shall be effective only if it is confirmed by the Forum in general meeting (the notice of which shall state the terms of the resolution).

 

11.2     If upon the winding up or dissolution of the Forum, there remains after the satisfaction of it’s debts and liabilities, any property whatsoever, the same shall not be paid or distributed amongst the members of the Forum but shall be given or transferred to some other institution having charitable objects similar to the objects of the Forum.  Such institution to be determined by the members of the Forum at or before the time of the dissolution.

 

 

Standing Orders

 

1.    The secretary of the Executive Committee shall issue the summonses of all meetings.

 

2.    Copies of the minutes of the last meeting of the Executive Committee shall be sent out as soon as possible after the meeting in which they relate to and not later than the notice convening the subsequent meeting

 

3.    The order of business at every meeting shall be:

 

a)                To choose a person to preside if the Chair and vice chair are absent.

b)                To read and approve as a correct record the minutes of the last meeting.

c)                To deal with business arising from the last meeting.

d)                To receive the reports (if any) of the officers.

e)                Any Other business specified on the Agenda.

f)                  Any Other business not specified on the Agenda if time allows.

 

4.    As soon as the minutes are read the Chair shall put the question that the minutes of the last meeting be signed as a true record.  No motion or discussion shall take place upon the minutes except for their accuracy.  If no such question is raised the Chair shall sign the minutes as a true record.

 

5.    All reports and papers which are to be included on the agenda must be received by the secretary at least 7 days before the date of the meeting.

Rules of Debate

1.    Courtesy

 

1.1    A member shall put up his/her hand when wishing to speak and shall address the Chair.  If two or more members wish to speak the Chair shall call on one to speak first.  A member, when speaking, shall address the Chair.  While any member is speaking the rest shall remain silent.

1.2    The Chair has the power to intervene during a debate.  If the Chair intervenes the person speaking will stand down until the Chair calls on that person to resume.

1.3    If, in the opinion of the Chair, the question before the meeting has been sufficiently discussed the matter shall be put to the vote and if it is carried the subject of debate shall be deemed to be disposed of for that day or the matter shall stand adjourned as the case may be.

1.4    When a matter is under debate, no other motion shall be moved except the following:

a)                To amend a motion

b)                To postpone consideration of the matter

c)                To adjourn the meeting

d)                To adjourn the debate

e)                To proceed to the next business

f)                  That the matter now be put to the vote

g)                That a member be not further heard

h)                That a member do leave the meeting

 

2.    Appointments

 

2.1           Where there are more than two persons nominated for any position to be filled by the Executive Committee and of the votes given there is not a majority in favour of one person, the name of the person with the least votes shall be struck off the list and a fresh vote shall be taken.  And so on until a majority of votes is given in favour of one person.

 

3.    Motions affecting Employees

 

3.1           If any question arises at the meeting as to the appointment, promotion, dismissal, salary conditions of service or the conduct or fitness of any person employed by the Executive Committee, it shall be considered by the Executive Committee.

 

4.    Disorderly conduct

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