Tania Clench
Associate, Head of Charities & Education

MEET THE TEAM

How we do it

Charities & Education

Contact

Tania Clench
Associate, Head of Charities & Education

tania.clench@asb-law.com

How we do it

We know that most charities and education establishments are the responsibility of part-time trustees and governors, who often have other full-time responsibilities elsewhere. It is imperative that busy trustees, governors and their senior management team have complete confidence that relevant issues are being identified and flagged by their legal advisers so they are not exposed to any unnecessary liability.

In practical terms, this translates into a need for well-informed, pro-active advice.

Exactly what we provide.

Charities

  • Advising on the acquisition of a charity specialising in provision of services for adults with learning difficulties, which included extensive land and buildings
  • Advising on the collaboration of two well-known charities to provide a residential unit for people with acquired brain injuries
  • Advising a number of hospices and hospitals on their foundation including relating to their general running
  • Advising on the incorporation of a charity as a company limited by guarantee and the transfer of assets by vesting declaration to preserve legacies
  • Advising a senior executive on the creation of a charitable trust (grant giving) including assisting with the creation of the trust, the incidence of gift aid on set up, the objects of the trust and all steps to registration
  • Setting up various not-for-profit companies including joint ventures between the private and public sectors, taking care not to breach the Capital Finance Regulations
  • Advising various charities on their procurement requirements including the acquisition of software and hardware, long-term supply agreements, and terms and conditions for the purchase of goods and services

Our Education team has:

  • advised a number of FE Colleges on large-scale restructuring exercises, including assessing strategic priorities, identifying areas of risk and suggesting alternative options,  addressing all appropriate consultation procedures and dealing with challenges/grievances by affected staff.
  • advised in connection with the proposed merger of two independent schools, including looking at governance issues, liaising with the Charity Commission and identifying the steps required to achieve a single vision for the merged school. 
  • advised an FE College on the sub-contracting of certain train to gain and apprenticeship functions, termination of sub-contractor relationships, funding claw-back and TUPE implications on further sub-contracting and functions being taken in-house.
  • advised on the appropriate structuring for a new Community Interest Company to form an Apprenticeship Training Agency, relevant funding arrangements and  contractual arrangements with third party employers and training providers.
  • investigated and/or provided assistance to clerks of FE Colleges in connection with allegations made against senior postholders at various Colleges to achieve satisfactory resolutions with the minimum of operational disruption.