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Introduction

There may be a number of reasons why you would consider becoming a committee member within a committee-run early years provision, for example, you have experience within education, business, or finance, you are a parent of a child who has attended the provision, or you live within the local area and are interested in supporting your community.

This document is designed to support committee members to understand their roles, responsibilities, and liabilities within a committee-run early years provision. It will include information around:

• Roles, responsibilities, and liabilities.
• Governance models, for example a registered charity, charitable incorporated organisation, or community interest company.
• Ofsted requirements.
• Recruitment of new committee members.

The guidance and information in this document are correct at the time of publication and will continue to be updated. However, it is your responsibility to keep information up to date and meet any legal requirements which may affect your setting. You can find the most up to date guidance from and .

Any changes to your committee should be reported to both Ofsted and the Charity Commission within 14 days.
If you would like further advice about working as a committee, please contact the Early Years Commissioning Team eycommissioningteam@surreycc.gov.uk

What is the role of the committee?

When setting up a committee-run early years provision, the main role of the committee is to act as the governing body or 'registered person' with Ofsted. This means that it is the committee who holds the overall responsibility and liability for the provision, and not the manager or any staff member.

• You will need to appoint a nominated individual who will be able to complete the registration with Ofsted and notify them of any changes to people who make up the registered body, or to the premises or the provision. Only the nominated individual will be able to make changes. This is often tasked to the chairperson but can be any member of the committee.

The committee should also consider the following to ensure the efficient and effective operation of the early years provision in line with its registration and constitution. This should include:

• Meeting the legal requirements to operate as a childcare setting and registered charity
• Sound financial systems are established and maintained, and the setting is sustainable to run
• Confidentiality is upheld at all times.

Further guidance on these responsibilities is given within this document.

Constitution or governing document

• This should include a clear description of the purpose of the charity and makeup of the committee, for example numbers of committee members and officers required and whether this can or should include staff members and parents.
• Remember to bear in mind that there will be some issues that staff and parents cannot vote on due to conflict of interest, for example matters around staff pay or childcare fees and whether this allows for robust decision making.
• The makeup of your committee quorum should be outlined within your constitution. Committee meetings will need to be quorate in order to allow for decisions to be made. An example of this is 'A quorum for Committee meetings is not less than half the Committee, including any two of the Officers'. If the quorum cannot be met the meeting will need to be cancelled or rearranged.
• You are able to change your charity constitution at any time if you feel it is not working and it should be regularly reviewed and updated.

You can find a list of further required legal documents in Appendix 1.

Registration requirements

To ensure your committee-run early years provision is correctly registered you should complete the following:

• Ensure the correct details for all committee members are held by the Charity Commission. You can check the details of your organisation at
• Register your provision with Ofsted Daycare roles that must register with
• All committee members must complete an to establish their suitability to become a committee member. You do not need a DBS to complete the EY2 form, however a DBS check will be required in addition before you will be issued with a letter of suitability – therefore it is advisable to apply for both at the same time so as not to cause additional delay.
• All committee members must have an up to date DBS check. The DBS should be completed via Ofsted, other routes may not be accepted and will further delay your application to become a committee member – please check the
• Please note Ofsted will not confirm your suitability if your details are not recorded with the Charity Commission.
• Please note that you are not a confirmed committee member until all checks have been completed and you have been issued with a letter of suitability – this means that the person who previously held the role within the committee still remains responsible and liable for the early years provision until you have been confirmed, even if they have resigned.
• You must update the Charity Commission and Ofsted within 14 days of there being any change to the committee members, their name, or contact details. An additional 14 days will then be given to complete the EY2 form for new members.
• An should be completed to remove any former committee members, or make changes to the name or contact details of any committee members listed with Ofsted Early years and childcare services:

Please see Appendix 2 to ensure you complete all the required actions to maintain your registration.

Governance

Your committee's governance model is the legal structure within which your organisation operates.

There are a number of for your early years provision to choose from, it is very important that you take the time to consider which one is suitable for you and the liabilities associated with each.

The three governance models which are most commonly used for committee-run early years provision are:

Registered charity

Many voluntary sector businesses become registered charities as this enables them to apply for funds and grants from charitable trusts and foundations. Run and managed by a voluntary management committee, the organisation is accountable to the Charity Commission and has to comply with charity legislation.

A registered charity is an unincorporated organisation – this means that committee members are personally liable for any shortfall in finances, redundancy pay, and debts and can be pursued for payment. A registered charity can change governance model to become a Charitable Incorporated Organisation (CIO) which limits personal liability, please see Appendix 3 for further information.

Charitable Incorporated Organisation (CIO)

A CIO is an incorporated structure designed for charities. You create a CIO by. You don't need to register with Companies House. Trustees have limited or no liability for CIO debts or liabilities.

Community Interest Company (CIC)

The CIC is a not a charity but a limited company which exists for the benefit of the community rather than private shareholders and has special additional features. The CIC Regulator has to approve as a CIC and ensures that it is established for community purposes and that its assets and profits are dedicated to these purposes. CICs should be registered with Companies House and not the Charity Commission.

A CIC has limited or no liability for company debts or liabilities.

Key points

• As a Registered Charity, committee members are personally liable for any shortfall in finances, redundancy pay, and debts and can be pursued for payment.
• As a CIO Trustees have limited or no liability for CIO debts or liabilities.
• A CIC is not a charity but a limited company for community benefit. It has limited or no liability for company debts or liabilities.

Roles and responsibilities within the committee

Points for consideration when putting together an early year's committee:

• Committee members should have an interest in the early years provision and have skills or knowledge which would be beneficial – this might include early years' experience, financial knowledge, business management, community work, or being a parent or grandparent.
• Committee members should understand the role of the committee and the specific responsibilities of the designated roles.
• Committee members should be supportive of each other's roles and work towards shared goals.
• The committee should be in regular contact with the early years provision and support the manager in their role, this will include visits to the provision
• The committee should be involved in all aspects of decision making around the running of the provision and should take an active role.
• The committee should be familiar with the aims and objectives, policies and procedures and legal frameworks the early years provision works within.

Roles of the Officers within the committee:

Chairperson

With the manager of the setting, the Committee Chair develops aims and objectives for the year. They plan agendas for committee meetings to accomplish the committee's aims and objectives and ensure that actions are carried out between meetings

• Could be the 'Nominated Individual' for the group with Ofsted
• Oversee the recruitment, induction, training and appraisal systems for all new staff and volunteers
• Line manages the manager and any paid office staff. For example, administrator, financial support
• Carry out regular supervision with the manager and any paid office staff to allow them to ask questions, raise concerns and discuss training needs and continued professional development
• Conduct the annual appraisals of the manager and any paid office staff
• Chair committee meetings, conduct voting if required, and hold the casting vote
• Delegate tasks to other committee members
• Act as spokesperson for the setting where necessary
• Conduct an Annual General Meeting (AGM) as stated in the setting's constitution, and give the Chairperson's Annual Report
• Act as the first point of contact for management issues
• Work with the Treasurer and committee to ensure that financial sustainability is maintained
• Evaluates the committee's efforts and communicates accomplishments yearly to the committee, staff, parents of children attending the setting and other interested parties as required.
• In conjunction with the Treasurer presents yearly accounts to the committee and has overall responsibility for these funds and the use of these funds to ensure that financial management of the setting is robust and sustainable.
• The Chair and Manager/Lead are responsible for keeping committee members fully informed, with timely reports of all committee meetings and committee work.

Secretary

• Organise correspondence on behalf of the committee
• Prepare and circulate meeting agendas in advance
• Arrange venues or virtual invites for meetings
• Take minutes and keep written records of committee meetings and AGMs.
• Ensure minutes are circulated to committee members and staff, and that a copy is kept on file (ensuring any confidentiality issues are recorded and circulated appropriately)
• Ensure adequate notice is given to all parents/members of the Annual General Meeting (AGM)
• Assist the Chairperson to maintain staff and committee/volunteer records, including Ofsted EY2/EY3 forms and DBS checks and ensure the nominated individual advises all appropriate bodies such as Ofsted, Charities Commission, of any changes.
• Maintain an up to date list of committee members and contact details.
• Keep diary dates for renewals such as insurance, Ofsted registration, Safeguarding Training, gas certificates and fire regulation checks.
• Update staff contracts, terms and conditions and job descriptions, following review by the Committee
• Organise advertising and marketing activities, including updating the setting's prospectus, website, leaflets, posters, and social media.
• Ensure quorum is met for meetings

Treasurer

• Follow the Roles and responsibilities within the committee Points for consideration when putting together an early year's committee:
• Committee members should have an interest in the early years provision and have skills or knowledge which would be beneficial – this might include early years' experience, financial knowledge, business management, community work, or being a parent or grandparent.
• Committee members should understand the role of the committee and the specific responsibilities of the designated roles.
• Committee members should be supportive of each other's roles and work towards shared goals.
• The committee should be in regular contact with the early years provision and support the manager in their role, this will include visits to the provision
• The committee should be involved in all aspects of decision making around the running of the provision and should take an active role.
• The committee should be familiar with the aims and objectives, policies and procedures and legal frameworks the early years provision works within. Roles of the Officers within the committee: Chairperson
• With the manager of the setting, the Committee Chair develops aims and objectives for the year. They plan agendas for committee meetings to accomplish the committee's aims and objectives and ensure that actions are carried out between meetings
• Could be the 'Nominated Individual' for the group with Ofsted
• Oversee the recruitment, induction, training and appraisal systems for all new staff and volunteers
• Line manages the manager and any paid office staff for example administrator, financial support
• Carry out regular supervision with the manager and any paid office staff to allow them to ask questions, raise concerns and discuss training needs and continued professional development
• Conduct the annual appraisals of the manager and any paid office staff
• Chair committee meetings, conduct voting if required, and hold the casting vote
• Delegate tasks to other committee members
• Act as spokesperson for the setting where necessary
• Conduct an Annual General Meeting (AGM) as stated in the setting's constitution, and give the Chairperson's Annual Report * Act as the first point of contact for management issues
• Work with the Treasurer and committee to ensure that financial sustainability is maintained
• Evaluates the committee's efforts and communicates accomplishments yearly to the committee, staff, parents of children attending the setting and other interested parties as required.
• In conjunction with the Treasurer presents yearly accounts to the committee and has overall responsibility for these funds and the use of these funds to ensure that financial management of the setting is robust and sustainable.
• The Chair and Manager/Lead are responsible for keeping committee members fully informed, with timely reports of all committee meetings and committee w