Daily Archives: October 27, 2008

David Keen writes to the Charity Commissioners

Cross-posted from:

Letter to Charity Commissioners about the Society of St. Stephen the Great, and the former SPCK bookshops

Thanks to David for this. As always, comments are welcome here; but please be sure to also post your comments on David’s original post.

Thank you — Phil Groom.

David writes:

With no reply from Mark Brewer after 2 weeks, I have re-sent the original letter from the 498 ‘We Support Dave Walker‘ Facebookers. I will also be putting the following letter in the post later today. I’m not really interested in who gets back to me first, I just want justice.

Re: St. Stephen the Great Charitable Trust (charity no. 1109008, registered 12/4/05, removed 8/8/07)
St. Stephen the Great (charity no 1119839, registered 27/6/07)
St. Stephen the Great Charitable Trust (subsidiary of St. Stephen the Great, registered 19.8.07)

Dear Charity Commissioners,

I have a number of concerns about the charities listed above, and would be grateful if you could look into them.

The St. Stephen the Great Charitable Trust (SSGCT) has not filed any accounts with you since March 2006, either in its original incarnation as a registered charity, or as a subsidiary of ‘St. Stephen the Great’ (SSG) SSGCT was removed from registration on 8.8.07 and re-registered as a subsidiary of SSG on 19.8.07. It is now over 30 months since any financial records have been submitted. In the meantime the company has attempted to file for bankruptcy in the USA, is subject to 30 claims through employment tribunals in the UK, and employees are reporting that pension contributions have not been kept up to date.

The claim for bankruptcy itself was thrown out by the US courts, on the basis that the main creditors were in the UK, and legal action was promptly begun against the principal SSG trustee for attempting to use the US courts to evade their responsibilities elsewhere.

Saint Stephen the Great is also the name of a trading company, registered at Companies House (Company No. 061105190), whose Directors are the same as the SSG charity Trustees. It was incorporated on 16.2.07 and as yet has filed no accounts, their last return was due in March 2008 and is now more than 7 months overdue.

SSGCT ran a chain of bookshops, which it acquired from the Society for Promoting Christian Knowledge (SPCK) in 2006. In June 2008 the Chairman of SSG and SSGCT emailed shop staff to inform them that:
“SSG (St Stephen the Great – limited liability company) has been terminated as the trading company to operate the bookshops formerly known as SPCK Bookshops…. The bookshops will now be operated by ENC Management Company”
ENC is listed on the Companies House website as Company Number FC028292, and it’s Directors and Secretary are the same 3 people as the St. Stephen the Great charity trustees, and the directors of the St. Stephen the Great trading company.

My concerns are as follows:
1. Your website states: Trustees of charities with income exceeding £10,000 in their last financial year are required to complete and submit an Annual Return and a copy of the trustees’ annual report and accounts. This must be done within 10 months of the end of the charity’s financial year. 

SSG/SSGCT has not done this. In view of the financial situation detailed above, financial transparency would seem to be vital, yet the latest accounts only cover 2005-6. As a private citizen I would be fined if my tax return was submitted more than 9 months after the end of the tax year, but this has now been 30 months and rising. What is happening, and what processes are being followed to make SSG/SSGCT publish its accounts? Many suppliers and staff remain unpaid, and there seem to be pension payments missing as well. It is vital that up to date accounts are published to enable these claims to be properly processed.

2. If the bookshops are now being run by ENC Management Company, which has no formal relationship with any of the SSG charities, then is there a proper process for the transfer of assets from a charity to a private company, and has this been followed?

3. A memo from one of the ENC Directors, Mr Phil Brewer, to shop staff in August 2008 stated: “ On all purchases of 10 GBP or more, offer a 2 GBP discount if a donation of 1 GBP or more is made. They must also fill out a gift aid form.” A scanned copy of this memo is attached, retrieved from https://spckssg.wordpress.com/2008/08/24/philip-brewer-says-immediately-post-this/

However, given that the chain is now being run by ENC Management Company (a registered company) and not SSG (a charity), then is it legitimate to claim gift aid on purchases? If not, what is the legal position of staff who are being asked to do this?

4. The memo also instructs staff (no.5) inform customers that ‘thirdspacebooks’ – a website set up to support the bookshops – ‘supports charity’. However, ordering books through the site (http://thirdspacebooks.com/) merely takes you to Amazon, and there is no indication on the site of which charities it supports.

5. The confusion of names does not help, nor does the fact that Third Space Books, in its photographs of the shops, shows them still trading under the name ‘SPCK’, a name SSG is not entitled to use.

My concern in this is as someone who has used these bookshops, and has become concerned about various aspects of the way this business is run. If you are not already looking into these irregularities, can I please ask you to do so as a matter of urgency. There are 30 former staff, and many more suppliers, who remain unpaid by this organisation, and financial transparency is essential to make sure that people receive what they are owed.

Yours sincerely
Rev David Keen