Agenda Itemapps.bedford.gov.uk/ExecDecisions/Files/D438995393003588.pdf · Should ACCM UK cease to...

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Transcript of Agenda Itemapps.bedford.gov.uk/ExecDecisions/Files/D438995393003588.pdf · Should ACCM UK cease to...

Page 1: Agenda Itemapps.bedford.gov.uk/ExecDecisions/Files/D438995393003588.pdf · Should ACCM UK cease to operate, the Council will have the ability to terminate the lease. Concern was also
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*(1) Mayor/March 2020/Transfer of Cauldwell Community Centre under the Community Asset Transfer Policy

Agenda Item *

For publication Bedford Borough Council – The Mayor Date – March 2020 Report by – The Chief Officer for Economic Growth and Property Subject – Transfer of Cauldwell Community Centre under the Community Asset Transfer Policy

1. Executive Summary

This report recommends transfer of Cauldwell Community Centre under the Council’s Community Asset Transfer Policy on lease for 25 years to ACCM UK.

2. Recommendations

The Mayor is recommended to: a. Approve the grant of a 25 year lease to ACCM UK under the Council’s Community Asset Transfer Policy; and b. Authorise the Chief Officer for Economic Growth and Property to enter into further dialogue to finalise the terms of the leases

and service level agreements to a deliver sustainable community centre at this location.

3. Reasons for Recommendations

The recommendations provide for the Mayor to consider the application for community asset transfer as outlined and to enable the detailed negotiations to be undertaken to bring effect to the decision.

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4. Key Implications

(a) Policy The Council’s approved Corporate Asset Plan has referenced the transfer of Community Centres for several years. Brickhill Community Centre was transferred under the Borough’s Asset Transfer Policy in 2012, Wixams Community Centre was transferred to the community in February 2013 and Church Lane Community Centre was transferred in 2018. Transfers of Faraday, Jubilation, Southfields and Tavistock have been approved. In 2016/17 the departmental savings project to realise £39,000 per year by removing the remaining support for Community Association’s managing Community Centres was approved. This was predicated on the Cauldwell, Faraday Square, Jubilation, Southfields and Tavistock Community Centres (and Church Lane Community Centre) being transferred into alternative ownership and the ending of the lease with the Church of England for the other two Community Centres. The saving was realised in April 2019 and essential support is now provided by Economic Growth and Property.

The Council’s Community Asset Transfer Policy sets out the framework for such transfers into community ownership. This was supplemented in November 2017 with a statement on the transfer of community centre assets approved by the Mayor. A copy of the statement can be found at Appendix A

The statement’s main purpose was to apply the Community Asset Transfer Policy to the project in respect of the Community Centres.

(b) Legal Issues

To ensure that the property interest transferred is retained for the community for the purpose of providing a Community Centre, the Council will only transfer a leasehold interest, in this instance for 25 years. A service level agreement associated with the lease will set out what has been agreed between the Council and the applicant regarding future provision of services from the property. ACCM UK is a registered charity whose activities are listed as being tackling ‘health inequalities and all forms of abuse, providing information and training to communities and professionals to raise awareness. Working with other organisations to develop services, deliver practical health and well-being programmes to tackle health inequalities amongst minority communities in Bedfordshire.’ Although operating these activities from Cauldwell Community Centre will be consistent with the proposed user provisions within the lease, ACCM UK’s purpose does not extend to running a community centre for the benefit of the wider

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community. Before the lease can be completed, legal advice is that ACCM UK will need to widen its objectives and scope of its activities so that it is legally able to provide the services set out in the service level agreement. The land that is the subject of this community asset transfer is set out at Appendix B.

(c) Resource Implications

During the first five years of the term, the Council will retain responsibility for essential repairs identified within the building condition surveys, which was completed in autumn 2019. The survey identifies a total of £268,529 in priority repairs that may be required in the first five years, which is broken down as follows:

Priority 1 (urgent) Priority 2 (essential) Priority 3 (recommended) Total £15,559 £111,389 £141,590 £268,529

Of these works, a total of £183,455 relates to mechanical and electrical installations, which, although technically have exceeded their life expectancy, are still operating satisfactorily and, with regular maintenance, will continue to do so for the foreseeable future. Further detailed assessments will be undertaken to determine the extent of works required and these will be prioritised as part of the Repairs and Renewal (R&R) programme alongside all other operational buildings. A provision of £15,000 per annum will be included within the R&R programme to cover prioritised repairs to Cauldwell Community Centre, which officers estimate is the average amount required based on the condition survey information. The tenant will be required to meet the cost of service contracts and day-to-day repairs from commencement of the leases, which will free up part of the Repairs and Renewal budgets for investment in the retained estate. The expenditure by the Council (and not recharged to the Community Centres) over the previous four financial years for the service contracts for each concerned centre is as follows:

2016/17 2017/18 2018/19 2019/20 Total £2,469 £11,587 £7,879 £4,177 £26,112

All Community Centres are subject to relief in respect of National Non-Domestic Rates. This situation is anticipated to continue into the period following transfer.

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(d) Risk Implications The highest risk to the Council is its responsibility for the maintenance of the buildings concerned. It is proposed to limit that risk to a five-year period following transfer, should items identified in the condition survey on the premises actually reach the point of needing replacement/repair. These risks are quantified in the resource section above. A schedule of works will be agreed with ACCM prior to granting the lease in order to cap the Council’s exposure.

ACCM will be required to ensure that regular servicing and good housekeeping is undertaken in order to minimise the risks of failure of key elements within the buildings. Failure to comply with this will invalidate the Council’s obligation to meet the cost of replacement or repair during the first 5 years. The evaluation of the proposal put forward by ACCM UK raised questions regarding the Charity’s financial security due to its dependence upon grants. Granting a lease of 25 years will increase the potential of ACCM UK to raise funding from a range of organisations. Sufficient assurances in respect of future funding have been provided to enable officers to recommend that the lease should proceed. Should ACCM UK cease to operate, the Council will have the ability to terminate the lease. Concern was also expressed in relation to ACCM UK’s commitment to continuing the current activities at the community centres. Information regarding the proposed governance structure for management of the centre have addressed these concerns. The SLA that will be attached to the lease will require ACCM UK to operate the centre for the benefit of the local community.

(e) Environmental Implications

There are no direct environmental implications arising from the proposals in this report.

(f) Equalities Impact

In preparing this report, due consideration has been given to the Borough Council’s statutory Equality Duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations, as set out in section 149(1) of the Equality Act 2010.

A relevance test for equality has been completed. The equality test determined that the activity has no relevance to Bedford Borough Council’s statutory equality duty to eliminate unlawful discrimination, advance equality of opportunity and foster good relations. An

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equality analysis, therefore, is not needed. ACCM UK, however, will be required, via the SLA, to demonstrate its commitment to equality of opportunity through publishing its Equal Opportunities Policy on its website.

5. Details

In mid-2017 community organisations were invited to submit applications for the transfer of community centres. Unfortunately no satisfactory bids were received for Cauldwell Community Centre. As subsequent bidding round also failed to result any acceptable proposals. ACCM UK expressed an interest in submitting a bid for the transfer of Cauldwell Community Centre during discussion regarding the occupation of their current premises in Conduit Road, which are also owned by the Council. Officers facilitated a meeting between the current management committee for the centre and ACCM UK. At that meeting, it was agreed that there was significant synergy between the two organisations and that ACCM UK’s proposals for the building would enhance rather than conflict with current community centre activity. On this basis, ACCM UK was invited to submit a bid to take over the management of the community centre via community asset transfer. A copy of ACCM UK’s application can be found at Appendix C. Officers evaluated this bid against the same criteria as the other community centre bids. There were two key concerns, which required further clarification:

1. ACCM UK’s financial position as the charity is heavily dependent on grant funding and current funding streams were limited. Further discussions with the Trustees of ACCM UK have provided further evidence that funding can be secured. Holding a long-term lease was one of the conditions for a National Lottery grant and it was agreed, therefore, that a 25 years lease outside of the Landlord and Tenant Act 1954 would be recommended. This will provide the security of tenure required, whilst enabling the Council to manage the risks in the longer term.

2. ACCM UK’s application was not specific about how it would secure current and future use by the local community. Information has now been provided regarding the proposed governance structure, which will include a committee similar to that currently in operation. The user clause with the lease and SLA to be attached to the lease will further safeguard the interests of the current users and local community.

ACCM UK’s formal aims and objects are the relief of poverty and sickness, the advancement of education, the preservation and protection of good health among minorities in England and Wales and other parts of the world.

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The organisation works with ‘hard to reach BAME and other disadvantaged communities in Bedford to address social, economic and health inequalities by empowering disenfranchised users in overcoming physical, mental, emotional or socio-cultural obstacles through improved education, improved practical language and learning tools imbuing whole communities. Through education and awareness programmes communities enthuse confidence to make informed decisions to improve their own and families’ health wellbeing.’ ACCM UK works in partnership with a number organisations including the Council, Police, NHS, faith and community organisations and national charities.

The proposal is to grant ACCM UK a 25 year lease outside of the Landlord and Tenant Act 1954 based on the standard lease developed for community centres. The lease will be on a full repairing and insuring basis; however the Council will retain responsibility for essential repairs listed in the building condition survey completed in 2019 as detailed in the Resources Implications section above. ACCM UK will vacate the premises at Conduit Road, which will be used to meet the accommodation requirements of another charity.

6. Summary of Consultations and Outcome

The following Council units or Officers and/or other organisations have been consulted in preparing this report: Portfolio Holder Management Team Finance Manager Legal Services Cauldwell Community Centre Management Committee

7. Ward Councillor Views

The Ward Councillors are both members of the Cauldwell Community Management Committee, which has confirmed its support for this proposal.

Report Contact Officer: Margaret Birtles, Manager for Asset and Estate Management

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File Reference: Not applicable Previous Relevant Minutes: None Background Papers: None Appendices: Appendix A: Community Centre Asset Transfer Statement 2017

Appendix B: Cauldwell Community Centre Ownership Plan Appendix C: ACCM Completed Application

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TRANSFER OF COMMUNITY CENTRE ASSETS STATEMENT

Introduction 1. This statement sets out the approach to the intended transfer of the Borough

Council’s interest in Community Centres from 1 April 2019.

2. This statement confirms the Council will consider an asset transfer of the Community Centres, the basis of the transfer and how requests will be processed. It establishes a transparent process for this to occur.

3. The statement sets out the basis for organisations to bid for these key local

amenities, when they are offered for lease and to keep them part of local life in accordance with the provisions of the Localism Act.

The Community Centres

4. This Statement concerns the following six Community Centres:

Cauldwell Community Centre, Althorpe Street, Bedford MK42 9HP Church Lane Community Centre, 147 Church Lane, Bedford MK41 0PW Faraday Community Centre, Kelvin Avenue, Bedford MK42 9ND Jubilation Community Centre, Moulton Avenue, Bedford MK42 0HL Southfields Community Centre, Southfields, Kempston, Bedford MK42 7NR Tavistock Community Centre, Princes Street, Bedford MK40 2BX The Council also has Community Centres at the following two locations. The owner of the land is the Church of England and the Council has a long lease of that land. The Council has advised the Diocese of the Church of England that it will surrender its leases for the two locations. Notwithstanding this, the Council remains committed within its practical powers to Community Centres continuing at the two locations. The Council will work with the Diocese with the ambition that this is achieved. The two locations are: Queens Park Community Centre, Marlborough Road, Bedford MK40 4LF Scott Hall Community Centre, Barford Avenue, Bedford MK42 0DS

Eligible Organisations

5. The Council will, as far as the Community Centre property assets are

concerned, consider a transfer to organisations which can provide a service to the whole community where the use of the facility will continue to be available to all residents within the Borough.

Basis of Transfer of Council Assets

6. The Council’s general Policy for the Community Asset Transfers, established a

number of criteria that sets out the basis of the interest in its assets that will be transferred to third parties. These criteria form the basis of the specific matters,

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which are set out below, to provide some basic principles regarding the future management of the Community Centres:

a. To ensure that the property interest transferred is retained for the

community for the purpose of providing a Community Centre, the Council will only transfer a leasehold interest. The lease will set out what has been agreed between the Council and the applicant regarding future provision of services from the property. The maximum length of lease will be 99 years, although leases may be for a shorter period. Only in exceptional circumstances will the Council consider leases for a longer period.

b. All leases will contain a provision to enable the Council to terminate it

should the property not be used primarily as a Community Centre, unless such changes have been formally agreed in writing.

c. The Council reserves the right, in some circumstances, seek to charge

a rent for any Community Centre property transferred (see f. below). d. The party receiving the property and/or open space interest will

be expected to bear all costs of managing and maintaining the property and transfer of a property interest does not imply any ongoing financial assistance from the Council (not otherwise referenced in this statement). The Council will continue to insure any buildings transferred and will recover the cost of this from the party to whom the Community Centre building is transferred.

e. At the end of any lease the Council will expect the property to be

returned in the condition that it was made available. f. Where the Community Centre asset either generates a rent or where a

rental could be derived from it, or where the asset has development potential that could generate a future capital receipt the Council will seek to maintain that benefit or establish agreement by which that rental income provided additional investment in the Centre and its facilities. Income from casual hirings would not, for the purposes of this provision, constitute rent.

g. The Council will not normally seek anything other than a nominal

consideration for the lease of the Community Centres other than as set out in (f) above.

h. If the organisation to which the Community Centre is transferred is

wound up or liquidated the lease will enable the Council to regain possession of the asset either for use by itself or by others.

i. The Council will propose a standard lease document to ensure a

smooth and quick asset transfer. The organisation receiving the interest in the asset will be expected to bear their own costs.

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j. Whilst other uses will be permitted, any longer term arrangements with third parties will require the Council’s express approval to ensure that the property remains available for the purpose of a Community Centre.

k. The Council encourages and welcomes investment in the Community

Centres and anticipates that applicants will raise or bid for external funding to enable investment in the Community Centre as a condition of the transfer. However, any major works would require the Council’s prior approval, the purpose again being to ensure that the property remains suitable for the use for which it was released (or any subsequently agreed variation).

Determining Applications for the Transfer of Community Centres

7. This section sets out how the Council will respond to, assess and determine

requests it receives for the transfer of an interest in any of its Community Centres.

8. All requests should initially be submitted on the transfer application form

(Appendix A) and Business Plan to the Chief Officer for Democratic and Registration Services who will co-ordinate the response to all requests. Organisations applying for a Community Centre to be transferred must also complete the Business Case element of the transfer application.

9. All requests will initially be considered by a Project Team of Officers drawn from

the Council’s Property, Legal, Finance and Programme Monitoring Office. 10. The Timetable proposed for the transfer of the Community Centres to which this

statement refers is as follows:

Milestone description start finish Completion of information packs for each of the eight premises; including Condition Surveys, valuations, premises plans, restrictions of existing leases/covenants and running costs 18/11/2016 12/07/2017

Formal invitation of expressions of interest in the transfer of Community Centres/Business lease of the Centres from 1 April 2019 16/07/2017 17/10/2017 Shortlist those to be invited to submit a proposal (other than Management Committees who will be able to submit) 18/10/2017 07/11/2017

Submission of proposals for the transfer of Community Centres/Business Lease for the Centres from 1 April 2019 08/11/2017 31/01/2018

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Determination from submissions of preferred organisations for the transfer of Community Centres/Business lease of the Centres from 1 April 2019 01/02/2018 30/04/2018

Engagement of legal services, negotiation of the terms of the transfer of the centres and signing of agreements to contract 01/02/2018 30/09/2018

Remaining steps in preparation for the transfer of the Community Centres/Business lease of the Centres (including possible vacation by existing users/TUPE etc.) 01/10/2018 31/01/2019

Formal transfer to take place 01/04/2019 11. The information to be provided by the Council to those who express an interest

in receiving the transferred Community Centre Asset is as follows. This is designed to assist them in preparing their business case for the future operation of the Community Centre: a. Overview b. Maps and Site Plan c. Inventory d. Costings for reactive works, programmed preventive maintenance,

employee costs. e. Last Inspected Accounts f. Condition Survey g. Immediate Area Report including the official register of title. h. Table of Council arranged services and the community association

management committee arranged services i. Future Service Offers – such as HR, payroll, occupational health and

training; insurance; building maintenance and service; utility supplies; DECs

j. Records for service visits and inspection reports including: asbestos register and air conditioning

k. Package for Transfer - including Heads of Terms l. Attendance and Usage m. Frequently Asked Questions

In addition, others details such as current hirings and events can be found at: http://www.bedford.gov.uk/community_and_living/community_centres.aspx

12. The Project Team and other officers, if relevant, will review the application having regard to the following matters together will any other that are considered relevant in respect of each application:

a. that the applicant has the skills to manage the property on an on-going

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basis and the capacity and capability to meet the responsibilities in respect of legislative requirements;

b. that the applicant has the financial resources and skills to continue to

manage the facility, including how the applicant will manage the Community Centre as it ages, including a commentary of its eventual replacement plan if this occurs during the life of the lease;

c. that the applicant has a sound governance and operational management

structure and the financial accountability to fulfil its legal liabilities associated with the property, such as health and safety and equality and that the organisation will demonstrate appropriate accountability to the local community. This will be assessed using a recognised quality management assessment;

d. how, via the proposed business plan etc., the applicant will continue to

provide benefit to the community and continued public access to the facility;

e. the impact of the proposal on existing operational property and/or open

space and the Council’s property and open space portfolio and in particular any potential fragmentation of management of contiguous areas of property;

f. any financial implications that will affect the Council arising from

the proposal;

g. this will also include whether there are any legal restrictions that prevent the Council releasing the property as requested;

h. agreement with the applicant of the continuing use of the property as a

Community Centre. This will form a key term in any lease granted;

i. that the application is consistent with the Council's approved Corporate Plan;

j. in dealing with the application the Council will have regard to

the unrestricted value of the property, and

k. any proposed disposal at an undervalue will be in accordance with any statutory requirements prevailing at that time.

l. The commitment to the delivery of the service requirements set out in

Appendix B to this statement as the basis on which the Community Centre will continue to operate as such beyond the transfer date.

13. The Chief Officer Democratic and Registration Services will also consult with

Ward Members to obtain their view on the application. This will not occur in situations where an individual Member has a personal and prejudicial interest and, for example, is, in another capacity, a member of the organisation making the application.

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14. In receiving the views of the Ward Councillors, the Chief Officer Democratic and Registration Services will then consult with, and obtain the views of, the Mayor.

15. Upon receipt of the Mayor’s views and having completed all other

investigations, as set out in this document, the Chief Officer Democratic and Registration Services will submit the proposal for consideration, whether the requested transfer could be approved.

16. Chief Officer Democratic and Registration Services will prepare and submit a

report to the Mayor recommending that the request is approved or not. In either situation, reasons will be given for the recommendation made.

17. The Chief Officer Democratic and Registration Services will notify the applicant

of the outcome of the application within 21 days of the decision of the Mayor. 18. Unsuccessful applicants may appeal in writing within one month of the decision

being notified to them, providing such additional information as it considers appropriate. Any appeal will initially be considered by the Project Team.

Post Transfer use of Community Centres Transferred

19. Where, in the opinion of the Chief Officer Property and Economic Growth, the

above criteria are not being complied with, discussions will be undertaken with the organisation, prior to the report to the Mayor, to identify how any failures can be rectified. The agreed action will be included in the report to the Mayor.

20. Should a satisfactory resolution of any failings not be possible the Council will

give consideration to forfeiting the lease and returning the asset to it.

Issued: October 2017

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Appendix A

Once complete, return this form to: Chief Officer Democratic & Registration

Service, Bedford Borough Council, Borough Hall, Cauldwell Street, Bedford MK42 9AP

Community Centre(s) Asset Transfer Application

1. Indicate which Community Centres this application relates to Cauldwell Community Centre, Althorpe Street, Bedford MK42 9HP Church Lane Community Centre, 147 Church Lane, Bedford MK41 0PW Faraday Community Centre, Kelvin Avenue, Bedford MK42 9ND Jubilation Community Centre, Moulton Avenue, Bedford MK42 0HL Southfields Community Centre, Southfields, Kempston, Bedford MK42 7NR Tavistock Community Centre, Princes Street, Bedford MK40 2BX Queens Park Community Centre, Marlborough Road, Bedford MK40 4LF* Scott Hall Community Centre, Barford Avenue, Bedford MK42 0DS* *These properties are not owned by the Borough Council. The owner of the land is the Church of England and the Council has a long lease of that land. The Council has advised the Diocese of the Church of England that it will surrender its leases for the two locations. Notwithstanding this, the Council remains committed within its practical powers to Community Centres continuing at the two locations. The Council will work with the Diocese with the ambition that this is achieved.

2. Details of you/ your organisation

Contact Name:

Postal Address:

Email:

Telephone:

Website:

Organisation Name (if applicable):

Organisation Reference Number (e.g. Companies House/ Charity

Commission):

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3. Brief description of the Applicant/ Organisation

4. Application Preparation. Please confirm which of the following documents you have read in relation to the to the community centres this application concerns

Overview Maps and Site Plan Inventory Costings for reactive works, programmed preventive maintenance,

employee costs. Last Inspected Accounts Condition Survey Immediate Area Report including the official register of title. Table of Council arranged services and the community association

management committee arranged services Future Service Offers – such as HR, payroll, occupational health and

training; insurance; building maintenance and service; utility supplies; DECs

Records for service visits and inspection reports including: asbestos register and air conditioning

Package for Transfer - including Heads of Terms Attendance and Usage Frequently Asked Questions

Please provide below any comment on the above that you consider relevant:

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5. Summary of Objectives and Key Outcomes of Proposal. Please explain what the proposal will achieve and issues it aims to address.

6. Detailed Description of the Proposal and anticipated benefits. Details

should include the proposed activities, how these will benefit the community and how these benefits will be measured. To be successful, a proposal will need to demonstrate a contribution in at least 2 of the following themes:

a. Support People b. Enhance Places c. Crate Wealth d. Empower Communities

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Description of the Proposal and anticipated benefits continued

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7. Governance Arrangements. Please explain proposed management arrangements for the asset and legal status of the organisation to which the property will be transferred.

8. Evidence of Need. Please provide evidence of the local need for the

services that will be provided from the property, this could include demographic data, evidence of demand, survey results etc.

9. Risks and Barriers. Please outline the key risks and barriers to the

success of the proposal and explain how these will be overcome.

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10. Impact of unsuccessful bid. Please outline the impact on the community of the bid for transfer of this asset being turned down by the Council.

11. Resource plan. Please summarise how the running costs and any required capital investment will be funded and reasons for not offering market value for the property. A budget forecast should be provided on a separate sheet. Also please provide details of how the activities will be staffed (paid and voluntary).

a. Financial/funding

b. Staffing

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12. Key Performance Indicators. Please propose between 3 and 6 KPIs through which your organisation will be able to demonstrate to the Council on a bi-annual basis that the community benefit is being delivered (e.g. numbers, frequency and types of events, average or total attendance figures, total number of volunteer hours, user satisfaction data.

13. Community Asset Transfer Service Requirements. Please set out

your commitment to the service requirements published by the council or otherwise reference any issues you have with compliance with those issues

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Appendix B COMMUNITY CENTRE ASSET TRANSFER SERVICE REQUIREMENTS

1. The Tenant will provide, in accordance with good practice, the following

services: a. A well-managed, safe and clean community centre (the Centre), office

and meeting room facilities, with opportunities for training and volunteering, involving a wide range of hard to reach people in activities leading to improved community engagement, community cohesion and civic pride.

b. A range of activities primarily but not exclusively aimed at, including but not limited to:

i. Training ii. Volunteering opportunities iii. Community development activities iv. Room and space lettings and hire v. Networking sessions and events vi. Information sharing vii. Research and policy development viii. Access to ICT and Internet facilities

2. To provide and maintain a website for the Centre that provides information

relating to the centre and, as a minimum the information specified in clauses 3(d), 7 and 10 below.

3. To manage and operate in accordance with good practice a system for hiring

the Centre which encompasses the following: a. An efficient and welcoming reception to all hirers and persons or groups

seeking to hire b. An efficient booking system in accordance in all respect with practices

and procedures. c. A safe and efficient system for the collection of hire charges and one

which follows good accounting practice d. To implement and publish on the website a set of scale hire charges in

respect of the Centre e. To publish on the website the programme of regular activities that are

open to the general public

4. To comply with the following requirements in relation to governance and administration:

a. Where the Tenant is not a registered charity at the date of this Lease, the Tenant shall use all reasonable endeavours to obtain such registration in compliance with the Charities Act 2006

b. To ensure that the Tenant is able to meet the legal obligations of Charity Trustees to constantly seek to identify areas of expertise needed to properly, legally and successfully develop and promote the use of the Centre and to use all reasonable endeavours to acquire the relevant expertise through recruitment and training.

c. To establish and maintain a Management Committee d. To publish the constitution for the Management Committee

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e. To keep minutes to record of all meetings of the Management Committee and Sub-Committees

f. To keep proper books of accounts and supporting written records in accordance with lawful requirements and good accounting practices.

5. At all times to use all reasonable endeavours to obtain sponsorship, grant assistance and donations from third parties other than the Council.

6. To indemnify and keep indemnified the Council from and against all damage,

damages, actions, proceedings, costs, claims, losses, demands or expenses however arising in any way from this Lease or the use or hire of the Centre and at all times to effect and maintain with a reputable insurance company sufficient third party and employers liability insurance and on demand to produce to the Council the policies of such insurances and the then current renewal receipt.

7. To maintain and publish on the Centre website the following:

a. A complaints policy and procedure b. An equalities policy c. Health and Safety Policy d. Safeguarding Policy

8. To keep and maintain a Site File at the Centre in which is contained

comprehensive and up-to-date information concerning the Centre, including but not limited to:

a. A Report concerning the incident of Asbestos at the Centre b. Manuals, where they exist, for fixtures, fittings and plant at the Centre c. A list of chemicals kept at the Centre for the purpose of complying with

the Control of Substances Hazardous to Health (COSH) Regulations 1994

d. Risk Assessment Reports e. Health and Safety Policy f. A record of Property Maintenance Inspections g. The record of control and monitoring of Legionella h. Any other information considered appropriate by the Tenant having

regard to its obligations under the health and safety Policy and any other information reasonably requested by the Council to be included in the same

9. To undertake all necessary safety checks including, but not limited to: a. Annual safety checks of portable electrical appliances used at the Centre b. Annual safety checks of mechanical plant and equipment e.g. lifts and air

conditioning. c. Safety checks of fixed electrical wiring at such intervals as the Council

shall reasonably determine d. To provide, maintain and regularly test the fire equipment at the Centre

10. The Tenant will publish an annual monitoring report on its website that will

include the following information: a. Hiring details for the previous years b. Annual accounts for the centre c. The Annual Report d. Consultation with service users

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e. Development/training of staff/volunteers f. Development plans/budget g. Details of funding

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Bedford Borough CouncilProperty Services

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You are not permitted to copy, sub-license, distribute or sell any of this datato third parties in any form.

Cauldwell Community Centre, 48 Althorpe Street, Bedford© Crown copyright and database rights 2017 Ordnance Survey 100049028.

@ A41:1,250Scale Drawn By: LJW

Date: 11 July 2017

LegendCauldwell Community Centre51 Althorpe Street

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Once complete, return this form to: Chief Officer Democratic & Registration

Service, Bedford Borough Council, Borough Hall, Cauldwell Street, Bedford MK42 9AP

Community Centre(s) Asset Transfer Application

1. Indicate which Community Centres this application relates tox Cauldwell Community Centre, Althorpe Street, Bedford MK42 9HP Church Lane Community Centre, 147 Church Lane, Bedford MK41 0PW Faraday Community Centre, Kelvin Avenue, Bedford MK42 9ND Jubilation Community Centre, Moulton Avenue, Bedford MK42 0HL Southfields Community Centre, Southfields, Kempston, Bedford MK42 7NR Tavistock Community Centre, Princes Street, Bedford MK40 2BX

Queens Park Community Centre, Marlborough Road, Bedford MK40 4LF* Scott Hall Community Centre, Barford Avenue, Bedford MK42 0DS*

*These properties are not owned by the Borough Council. The owner of theland is the Church of England and the Council has a long lease of that land.The Council has advised the Diocese of the Church of England that it willsurrender its leases for the two locations. Notwithstanding this, the Councilremains committed within its practical powers to Community Centrescontinuing at the two locations. The Council will work with the Diocese withthe ambition that this is achieved.

2. Details of you/ your organisation

Contact Name: redacted

Postal Address:

redacted

Email:

Telephone:

Website: www.accmuk.com

Organisation Name (if applicable): ACCM (UK)

Organisation Reference Number (e.g. Companies House/ Charity

Commission):

Charity Commission No: 1128904 Companies House No: 06584024

3. Brief description of the Applicant/ Organisation

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ACCM (UK) was set up in May 2008 after the founder undertook consultation and research and established that there was no charity working to address the needs and services in Bedford targeting Black, Asian and Minority Ethnic (BAME) and other vulnerable communities in Bedford. The Founder also established that Bedford was a very diverse town with Wards listed under the IMD as most deprived Wards with high health, social and economic inequalities. ACCM (UK) set up in 2008 was to try to address and reduce these inequalities to make Bedford a safe, healthy and better place for its citizens. Since 2008 it has become the most respected community organisation which helps over 2,000 people a year over the last 11 years.

4. Application Preparation. Please confirm which of the followingdocuments you have read in relation to the to the community centres thisapplication concerns

X Overview x Maps and Site Plan x Inventory x Costings for reactive works, programmed preventive maintenance,

employee costs. x Last Inspected Accounts x Condition Survey x Immediate Area Report including the official register of title. x Table of Council arranged services and the community association

management committee arranged services x Future Service Offers – such as HR, payroll, occupational health and

training; insurance; building maintenance and service; utility supplies; DECs

X Records for service visits and inspection reports including: asbestos x Package for Transfer - including Heads of Terms x Attendance and Usage x Frequently Asked Questions

Please provide below any comment on the above that you consider relevant:

All documents are relevant to the application.

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5. Summary of Objectives and Key Outcomes of Proposal. Please explainwhat the proposal will achieve and issues it aims to address.

The organisation's formal aims and objects are the relief of poverty and sickness, the advancement of education, the preservation and protection of good health among minorities in England and Wales and other parts of the world. Campaigning within grass-roots hard to reach BAME and other disadvantaged communities in Bedford to address social, economic and health inequalities by empowering disenfranchised users in overcoming physical, mental, emotional or socio-cultural obstacles through improved education, improved practical language and learning tools imbuing whole communities. Through education and awareness programmes communities enthuse confidence to make informed decisions to improve their own and families’ health wellbeing.

Reaching out to men and women who are victims of all forms of abuse including sexual abuse, illegal and harmful traditional practices cultural practices which are often linked to hidden domestic abuse leading to lifelong hidden physical and psychological health problems.

We also run ESOL, IT and citizenship classes enabling users with little or no English to gain skills and knowledge of English to gain confidence for employment, engage in their communities are able to access and use statutory services for their benefit.

Working in partnership with local, regional and national organisations including; Bedford Borough Council – Healthwatch, Public Health Team, Safe

guarding Teams, housing Teams Bedfordshire Police Local community groups Faith and Community Leaders Private housing providers Cancer UK Diabetes UK British Association of Physicians of Indian Origin (BAPIO) We are also working to help/support local social prescribing from local

GPs And many other local oganisations

Key Outcomes:

Improved physical health Improved mental health of BAME residents including those with chronic

illness, Improved parenting – calmer, happier and more confident Victims of all forms of abuse, safe, happier and free from harm confident to

rebuild their lives. Peer led self-help Mental Health groups will to develop resilience Elderly people will improve their health through activities and feel less lonely Drop in Community Hub to enable homeless people and others to get

support to make their lives healthier and economically active Speaking after ESOL sessions will enable learners to be economically

independent and improve social interaction

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6. Detailed Description of the Proposal and anticipated benefits. Detailsshould include the proposed activities, how these will benefit thecommunity and how these benefits will be measured. To be successful, aproposal will need to demonstrate a contribution in at least 2 of thefollowing themes:

a. Support Peopleb. Enhance Placesc. Crate Wealthd. Empower Communities

ACCM (UK)’s proposal and anticipated benefits will involve all listed from a to d themes. We propose activities, benefits and how they will be measured for a, b and d themes as follows:

Bedford residents of all ages and cultural backgrounds experiencingdifficulties in coping with negative emotional, physical and mental healthissues;

Residents with long term mental health issues discharged into thecommunity after closure of our local mental health unit in need of afriendly and familiar safe haven;

Free Coffee mornings Mondays to Fridays 10 am-12 noon available tohelp isolated residents develop support networks while accessingappropriate signposting to activities boosting confidence and morale

Developing and supporting a Self-help group for service-users withComplex Post Traumatic Stress Disorder (leaflet attached for Reference);

Support young people to address substance misuse, domestic abuse,depression and confusion leading to minor antisocial behaviour inpartnership with Bedford YMCA through Radio broadcasting, training andsociable skills development, reduce abuse from social media, lonelinessand self-harm;

Continued support of ACCM’s elderly Italian group and new AfricanCaribbean pensioners’ group by offering diversity of group activities andskills development opportunities including volunteering to make use ofprevious career skills;

Support parents and young people to reduce metal health and generationgap differences that lead to family conflicts

Outreach and facilitate yoga, meditation and mindfulness for vulnerableresidents in deprived local wards including Sharnbrook, Goldington andKingsbrook;

Raise awareness through monthly workshops with health experts aboutmanaging diabetes, high blood pressure, cancer, heart disease, nutritionand mental health issues. Bridging the inequality gap.

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Description of the Proposal and anticipated benefits continued

Beneficiaries per year based on our current activities though we anticipate these numbers will go up:

Over 3,000 disadvantaged Bedford residents will access a range of ourservices;

Over 50 victims of domestic violence, sexual and forms of abuse willbenefit from one-to-one counselling or support services

35 young people will benefit from counselling, confidence building, skillsand training towards employment opportunities;

24 parents and their children and families will benefit from Positiveparenting sessions and group activities

Over 300 older people from all walks of life will benefit from creative,fitness activities, outings and support groups

20 people making use of our allotment space will benefit from improvedmental health and healthy eating

Based on 2017 -2018 data at least 700 individuals with multiple issuesincluding lifelong mental health will be offered one to one support includinglegal advice, counselling, housing or information

How beneficiaries will be involved:

Service-users’ views are captured during initial interviews, through focusgroup meetings, termly and programme-end feedback forms;

Local faith and community leaders referring people with mental healthissues such as depression also advise us of outstanding and unmetlocal need;

Beneficiaries with lifelong mental health needs have set up two self-helppeer led groups facilitated and supported by ACCM (UK)

Councillors from Castle, Kempston, Cauldwell, Shanbrook, Kingsbrookand Queens Park wards are regularly invited to feed back to ACCMabout local peoples’ concerns;

ACCM (UK) is user-led. Trustees, staff and volunteers arepredominantly of BAME heritage and include former service-users;

A majority of ACCM (UK) work is promoted by two-way word-of-mouth; ACCM (UK) services constantly evolve and are informed by shared

learning and cross-referrals with partner organisations; Existing groups using Cauldwell Community Centre will continue to be

supported to provide even better services for their groups and we aim tooutreach more form the Cauldwell Community Centre area. We havebeen informally been approached to start retired people day centreactivities at least once a week.

We also hope to increase our ESOL classes and other activities We’ll be working in close collaboration with the Hospital, Jenson and

Meiklejohn pharmacies, Offa Road Mosque, Muswell Road ValmakiCentre, Durwent Road Womens’ Centre, Victoria Road Church, OffaRoad Church, Ampthill Street Sikh Gurdwara, Sue Rider charity shopand the local GP surgeries as a starting point.

.

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Description of the Proposal and anticipated benefits continued

How we will measure Impact

Regular focus groups and one-to-one questionnaire and discussions; Feedback from our stakeholders and support organisations; Feedback from local faith and community leaders; Independent evaluators monitoring and evaluating our programme as

required.

Theme d - Creating Wealth

We will with the support of the Council apply for a grant from The National Lottery Community Fund for capital improvement of the building with the aim of:

Creating extra space for offices, training and meeting rooms over thecurrent Hall

Improving the current hall and equip it with new technology so it is up todate with conferencing facilities.

The hall and new meeting rooms and offices will then be hired out toimprove community facilities generate income for charitable purposes

Improved and attractive Centre will attract new business such as socialprescribing as GP’s and health professionals will be confident to referpeople to us generating new income for the centre.

ACCM (UK) owning the Centre with Long Lease will help us generatenew funding as funders will have confidence in us due to security of theCentre.

In the medium term, the centre will become self-sufficient, self-financing In the long term the centre will become self-sustaining

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7. Governance Arrangements. Please explain proposed managementarrangements for the asset and legal status of the organisation to whichthe property will be transferred.

We would like to propose that:

In the first year or two we will enlist the co-operation of some of theCauldwell Community Centre Management as we settle into the building.The Management will be led by a Chair who will be nominated by the twoTeams.

After this period we may request that one or two of the members join theACCM (UK)’s Management Committee or Board of Trustees to continuemanaging the Centre.

The Bedford Borough council will continue to be part of the Governanceas they will be invited to attend meetings

We will continue to provide community work brief to local Councillors andanyone who requests it

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8. Evidence of Need. Please provide evidence of the local need for theservices that will be provided from the property, this could includedemographic data, evidence of demand, survey results etc.

ACCM (UK) has been operating in Bedford and surrounding areas for eleven years now and has built up excellent working partnerships and relationships with local communities, statutory, private and voluntary sector organisations. Evidence of need:

A key ACCM UK objective is to eradicate health inequalities in Bedford as access to the highest attainable standard of physical, mental and spiritual health is a fundamental human right. Inequality happens when access to information about health and services available, resources for, say, improved diet, housing and fitness are limited by digital, language, confidence, educational achievement and cultural constraints and an uptake of health care opportunities are not equally distributed.

ACCM (UK) in partnership with Healthwatch Bedford Borough organised one of the largest and unique Health and Wellbeing Fair. Objective was to educate people specifically from Black Asian and Minority Ethnic communities in terms of their health and wellbeing rights and opportunity to speak to providers. We had over 1,200 people who benefited. Evaluation from feedback was very positive.

Bedford is amongst Britain’s top 20% most deprived and Queens Park,Cauldwell, Castle, Harpur and Kempston wards experience some of the worst health inequalities; findings from ACCM UK’s August 2015 ‘Health Needs of Minority and Disadvantaged Communities’ survey undertaken with BAME men and women of aged 21-66+ indicated that 39 of 56 respondents were at risk of diabetes, 30 reportedly suffer from respiratory conditions, 36 reported mental health illness, 14 were diagnosed with dementia and most were not effectively equipped with strategies for managing poor physical and mental health.

ACCM UK’s programme of informal activities and workshops will therefore provide opportunities for empowering Bedford’s most vulnerable residents with skills and confidence to address unhealthy behaviour, a lack of access to services and environmental factors.

Majority of our female users from Asian background are stay at home young mothers, with little or no knowledge of English and IT. Running ESOL and IT classes have attracted at least 70 learners each year over the last 6 years we have run these classes. They are still very popular and in demand. With the availability of Cauldwell Centre we will attract many more from Cauldwell and Kingbrook areas.

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9. Risks and Barriers. Please outline the key risks and barriers to thesuccess of the proposal and explain how these will be overcome.

Key risks and barriers:

Cauldwell Ward is one of the most deprived Wards in Bedford with diverse communities residing and working in the Ward. It will be challenging to get them to engage with our services at first but this will be overcome as we promote our services and resident come to know about them. Our multi-cultural, multi-lingual staff have vast experience in community engagement.

Continuation funding to sustain the extensive programmes we wish torun or is a challenge, but we are ready to take this challenge to benefitthe Bedford community. We know current funding environment is verycompetitive and hostile to small charities such as ACCM (UK).However, we have been successful in attracting funding in the pastand are confident that our track record would help/support us tominimise the funding risk.

Many minority residents, not just in Cauldwell, often see new servicesin their area as a threat to their existing life style or cultural or religiousbeliefs or family. We will overcome this as we have done elsewhereby organising Come and Meet Us Social Events to break the ice. Ouraim is to create a welcoming environment, which is safe pleasant andfit for purpose. Improved facility will be a big plus factor to get the localcommunity engaged.

There are also language, faith and cultural barriers. We will overcomethese as our staff and volunteers speak majority of the languages andare from these communities. We will also enlist Faith and CommunityLeaders who will be made part of ACCM (UK)’s operations

Risk of noise from some groups or activities – hope to secure fundingto sound proof the property and improve acoustic of the main hall.

Hostility from some neighbours who may not like to see the end of Hostility from some neighbours who may not like to see the end of

their free existing unauthorised parking. Organise a meeting overcoffee and a biscuit to explain kindly that ACCM (UK) now owns theCentre and any parking has to be part of their business. With supportof the Council we can erect a barrier and thus minimise the risk. Weforesee the daily use of the carpark increasing considerably as thecentre becomes more active so we would expect the unauthorised useto diminish.

Empty land next to the Centre as used by drug dealers. Negotiate withthe Council to see if we can secure the land and use it forallotments/purposeful activity for our service users. This will ensurethere are other people around that will deter drug users or dealers. Asthe Centre becomes busy and used all the time this will make the areasafe especially for parents who want to use the play area. We havealso discussed the need for a higher barrier to prevent intruders withthe Council Officials and Cauldwell Councillors.

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10. Impact of unsuccessful bid. Please outline the impact on thecommunity of the bid for transfer of this asset being turned down by theCouncil.

ACCM (UK) will be devastated if we do not secure Cauldwell Community Centre as we have now put all our hope in this Centre with the support of Cauldwell and other Councillors, the Council Officers and our users who are ready to move.

The Centre has what the Charity needs to deliver its work to benefit the whole Bedford Community in particularly Cauldwell very much needs a Charity that can make a difference to its community working in partnership with existing groups and attracting new ones after improving the Centre facilities.

The community will be deprived of the facilities and benefits we intend to provide especially making the areas safe as it is used. Cauldwell as a deprived Ward will never improve or reduce inequalities if there is no changed in delivering and involving local people in the making a difference to their lives for the better.

Other groups that are keen to use the centre in collaboration with ACCM (UK) will miss out.

ACCM (UK) will not be able to vacate our present location, which the Council have other plans for

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11. Resource plan. Please summarise how the running costs and anyrequired capital investment will be funded and reasons for not offeringmarket value for the property. A budget forecast should be provided on aseparate sheet. Also please provide details of how the activities will bestaffed (paid and voluntary).

a. Financial/funding:

Over the last Years our Income has been just over £100,000 a year with core funding coming from Big Lottery Fund now called the National Lottery Community Fund (NLCF). See attached Year End Accounts for May 2019.

We are currently in negotiations to extend NLCF grant for a further five years to 2025.

We will continue to generate new funding through applications to various Trusts and bidding to Public Contracts including the Council, The National Lottery Community Fund, Allen Lane Foundation, Wixamtree Trust, Awards for All, The Harpur Trust to name a few.

This year we have been successful in raising small grants including: May 2019 - £9,400 in partnership with Healthwatch from Awards for All

and various amounts form the Mayor and other funders towardsBedford Health Fair.

Year 2019/2020 - £9,500 from NHS for organ donation programme October 2019 - £10,400 from SEMLEP for skills development to

unemployed people in Bedford Applied for £8,000 from Heart Foundation to undertake work on healthy

heart. awaiting o hear The Bedford Office of Police and Crime Commissioner for £15,000 to

work with victims of all forms of abuse.

We anticipate generating income from hire of rooms and the hall to support programmes that we will run. Currently the hall is used 1/3 of its potential, raising approximately £9k. We plan to make full use of the hall thus expect to raise about £20,000 to £25,000. This will pay for the upkeep and the caretaker.

b. Staffing;

Currently ACCM (UK) has four staff and these will continue until new funding is generated to take on more staff. We also have 6 volunteers and we hope to recruit at least four more from Cauldwell Communities

All our current staff and volunteers have agreed to re-join ACCM (UK) in the move to Cauldwell Community Centre. To ensure that our activities are within the budgets of projects to be under taken we will expand our volunteer capacity to recruit more volunteers from Cauldwell and Kingsbrook areas.

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12. Key Performance Indicators. Please propose between 3 and 6 KPIsthrough which your organisation will be able to demonstrate to theCouncil on a bi-annual basis that the community benefit is beingdelivered (e.g. numbers, frequency and types of events, average or totalattendance figures, total number of volunteer hours, user satisfactiondata.

1. Health and wellbeing activities – reducing health inequalities:

Based on our eleven years in operation over 3,000 attend our activitiesundertaken at ACCM (UK)’s offices and outreach Community Centres.Some of these activities are undertaken in partnership with Councillors

The number of users will rise as we start prompting our new activities inCauldwell especially targeting the Hospital that will refer users to ourservices.

Our work in partnership with Healthwatch on various health andwellbeing programmes including organ donation and social prescribingwith also bring in new users and beneficiaries..

2. Reducing all forms of abuse:

Each year ACCM (UK) supports over 50 victims of all forms of abuseincluding sexual and domestic abuse, female genital mutilation andforced arranged marriages. This number will increase as we developsimilar services in the Cauldwell area especially with the hospitalreferrals.

We hope to establish good working relationship and referral systemswith the Bedford Women’s Centre that also supports female victims ofdomestic abuse.

We also have close working relationship with other groups such asMrs Kumari a local activist who supports women and girls victims ofhidden abuse whom we hope to bring into our fold and work closelytogether.

3. ESOL and IT

While we will continue to deliver ESOL and IT to existing learners atWoburn Road we will establish new ESOL and IT sessions in CauldwellCommunity Centre as there is a need due to large population of minorityAsian women.

4. Community Hub / One Stop Shop

This will run free coffee morning for Cauldwell users especially attractingelderly people who live in isolation and homeless people who will meetothers, share experiences, play games, have talks on health andwellbeing, exercises, support into social or own housing and or signingon social benefits to enable them to start real lives. Funding fromSEMLEP will help support homeless and unemployed people into paid orvolunteering work, or training.

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5. Allotments for health

This will be a new programme one the Council agrees that we take overthe piece of land next to the car park for allotments so local people cangrow own fresh vegetable, herbs or flowers for health reasons and forfun. This will also teach people about the environment and recycling.

13. Community Asset Transfer Service Requirements. Please set outyour commitment to the service requirements published by the councilor otherwise reference any issues you have with compliance with thoseissues

ACCM (UK) is local Charity that is determined to make a difference to all citizens in Bedford Borough. A good example is the organising of the first and very successful Bedford Health Fair in partnership with Healthwatch that attracted national executive dignitaries to Bedford and over 1,000 people attended. We hope that this will be a catalyst of other health fairs to empower communities about local health services and providers. NHS England and national Health Providers are now aware of Bedford’s action to improve the health of its citizens.

ACCM (UK) is Charity established to improve the health and wellbeing and reduce all forms of abuse to the Bedford Citizens by making a difference to their lives. This reflects Bedford Borough Council’ and national strategies and Policies. These include mental health programmes, domestic violence, supporting elderly people to live longer and healthy and reducing homelessness or rough sleepers.

With this Asset ACCM (UK) will have more security as it knows accommodation is secure leading to developing more work, activities and services for the benefit of Bedford communities.

New funders will be attracted to this asset as they will have confidence in funding ACCM (UK) on grounds that the Council appreciates our work for them to offer a building.

Once we secure capital grants enough to improve the Centre, more groups or organisations will want to hire or use it, bringing in more funds that will be put back into the Centre.