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How to challenge funding cuts Compact Advocacy Programme. The Compact. Agreement between Government and Voluntary and Community Sector Outlines ways of working Emphasis on partnership working Mutual benefit to both sectors and to wider society. Challenging Funding Cuts. Campaigning
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The Compact • Agreement between Government and Voluntary and Community Sector • Outlines ways of working • Emphasis on partnership working • Mutual benefit to both sectors and to wider society
Challenging Funding Cuts • Campaigning • Impact • Compact / Public Law
Key Compact Principles • Assess the impact on beneficiaries, service users and volunteers before deciding to reduce funding • Where there are restrictions on future resources, discuss the potential implications as early as possible • Give a minimum of three months’ notice • Give organisations an opportunity to respond
Public Law • Public bodies must act lawfully • Public bodies must act fairly • Public bodies’ decisions must not be perverse or irrational • Maladministration
Compact and the Law “It seems to me that the Compact was more than a wish list but less than a contract. It is a commitment of intent between the parties concerned.” His Honour Judge Mackie, November 2007 in the judgement from R(Berry) v Cumbria County Council
Equalities duties • Public body must be proactive • Duty to have ‘due regard’ • Equality Impact Assessment
Deciding to challenge • Remember your independence • Decide what to challenge • What is the preferred solution? • Compact/Public Law/Private Law? • When/Who/What?
In practice… • Colchester Shopmobility – decision challenged and retaken • Praxis – appropriate notice period and full cost recovery • Reading / Merton
Resources • Empowering the Voluntary Sector 020 7520 3161 evsadvice@ncvo-vol.org.uk • www.navca.org.uk/evs/ • “Keeping it legal” – Guide for third sector organisations on WRC website • Factsheets on www.publiclawproject.org.uk • www.compactvoice.org.uk • www.ncvo-vol.org.uk