As adopted at the Inaugural General Meeting on 14 October 1993 in
Wakefield, England, and amended at the Annual General Meetings on
18 September 1996 in London, England, and 15 June 1998 in Glasgow,
Scotland.
Name
1 The
name of the association shall be "Caring for Children" (CfC).
Registered
office
2 The
registered office of the Association shall be in England.
Aim
3 The
aim of the Association will be to promote and encourage high standards
of care for children and young people and ensure that their developmental
needs are met.
Objects
4 The
objects for which the association is established are:
(a) To
promote and encourage high standards of care for children and young
people and ensure that their developmental needs are met.
(b) To collaborate with other national and international organisations
in the development, publication and adoption of statements of agreed
values and standards of conduct in the care of children and young
people.
(c) To initiate, support, encourage and contribute to the development
of policies in relation to all aspects of the upbringing of children
and young people which exemplify and build on the principles of the
UN Convention on the Rights of the Child.
(d) To support, encourage and contribute to the development of child
care practice which exemplifies and builds on the principles of the
UN Convention on the Rights of the Child and is underpinned by the
agreed values.
(e) To initiate, support and encourage research in the UK and abroad,
and in particular research in which cross-cultural and cross-national
perspectives are examined, into all aspects of the development of
children and young people, their needs, the social and environmental
contexts of their upbringing and the impact of child care philosophies,
procedures, policies and practice on their upbringing.
(f) To identify, integrate, develop and publicise sources of information
about child care philosophies, procedures, policies and practice in
the UK and abroad and in particular sources in which cross-cultural
and cross-national information is presented.
(g) To promote a wide knowledge of research and developments in all
aspects of child care philosophies, procedures, policies and practice.
(h) To
keep in touch with members of the Association and with other persons
and bodies working with children and young people in order to exchange
knowledge and experience in child care.
(i) To represent the views and experience of members in matters of
child care philosophies, procedures, policies and practice.
(j) To take all necessary measures alone or in association with other
persons or bodies to encourage the recruitment and professional development
of people with the potential and/or capacity to provide high standards
of care for children and young people.
(k) To value the contributions of child care workers, both direct
carers and those who support them, so that they feel confident in
themselves and function effectively.
(l) To initiate, support, promote and encourage a wide range of opportunities
for the education, training and professional development of people
working with children and young persons, their supervisors, managers,
consultants, advisors and inspectors and any other persons whose work
has an impact on the quality and provision of care for children and
young people.
(m) To influence the provision of education and training so that the
value and relevance of training programmes is enhanced for child care
workers.
(n) To promote and encourage high standards of education, training,
supervision, management, consultancy, support and inspection in child
care.
(o) To initiate, support, promote and encourage the monitoring and
evaluation of child care philosophies, procedures, policies and practice
alone and in association with other persons and bodies.
(p) To support and promote the welfare of anyone working with children
and young people, whether in receipt of remuneration or not, alone
or in association with other persons or bodies in order to promote
and encourage high standards of care for children and young people.
(q) To provide advice, support, consultation and consultancy services
to persons and bodies involved in the provision, management, support
and inspection of care for children and young people.
(r) To improve the professional and technical competence of members
and others concerned with the care of children and young people by
the promotion at international, national and local level of the interchange
of information and experience through meetings, lectures, discussions,
seminars, courses and conferences, the management and endowment of
research, the publication, purchase, sale, hire and distribution of
books, papers, reports, journals, audio-visual and computer generated
materials and by any other means.
(s) To support members of the Association, alone or in association
with other persons and bodies, though the provision of advice, support,
counselling and, where necessary, representation in order to promote
and encourage high standards of care for children and young people.
(t) To establish and maintain relations for and to initiate, support,
encourage and provide for the interchange of information and experience
with child care practitioners, supervisors, managers, trainers, consultants,
inspectors and others concerned with child care, philosophies, procedures,
policies and practice in any part of the world and to provide for
the affiliation of the Association with any body in any part of the
world whose objects are sufficiently like those of the Association
to justify such affiliation.
(u) To support, encourage and collaborate with bodies whose objects
are sufficiently like those of the Association that such support,
encouragement or collaboration enables the objects for which the Association
is established to be achieved more effectively.
(v) To support and encourage the establishment of new bodies in the
UK and abroad for the purpose of achieving the objects of the Association
more effectively.
(w) To initiate, support, promote and encourage the monitoring and
evaluation of support and other services provided to people involved
in the care of children and young people and the education, training
and consultation for or support, management, and inspection of their
work.
(x) To seek and, where necessary, administer funds to enable any or
all of these objects to be achieved.
Assets
5 The
income and property of the Association, whencesoever derived, shall
be applied solely towards the promotion of the objects of the Association
as set forth in this constitution and no portion thereof shall be
paid or transferred directly or indirectly, by way of dividend, bonus
or otherwise howsoever by way of profit, to the members of the Association.
Providing that nothing herein shall prevent the payment, in good faith,
of reasonable and proper remuneration to any officer or servant of
the Association, or to any member of the Association in return for
any services actually rendered to the Association, nor prevent the
payment of interest at a reasonable or proper rate on money lent or
reasonable and proper rent for premises demised or let by any member
to the Association.
6 If
upon the winding up or dissolution of the Association there remains,
after the satisfaction of all its debts and liabilities, any property
whatsoever, the same shall not be paid or distributed among the members
of the Association but shall be given or transferred to some other
institution having objects similar to the objects of the Association
and which shall prohibit the distribution of its or their income and
property among its or their members to an extent at least as great
as is imposed on the Association under or by virtue of Clause 5 hereof,
such institution or institutions to be determined by the members of
the Association at or before the time of dissolution.
Membership
7 Any
person in the UK, Isle of Man or Channel Islands who:
1 is committed to the setting of high standards in child care
2 supports the UN Convention on the Rights of the Child
3 supports the Social Care Association's Code of Practice
4 pays such a subscription as shall be determined
on or before the fourteenth day of October 1993 shall be a founder
member of the association and shall be entitled to vote at the inaugural
meeting of the Association.
8 Thereafter,
membership of the association shall be open to any person or organisation
in the UK, Isle of Man or Channel Islands who:
1 supports the objects of the association
2 supports the UN Convention on the Rights of the Child
3 supports the Association's Code of Practice
4 pays such a subscription as shall from time to time be determined.
An organisation
who is a member shall not hold any office of the Association.
9 Every
member of the Association shall sign a written consent to become a
member.
10 The
Council shall cause to be kept a register of Members of the Association.
11 Membership
of the association shall not be transferable and shall cease on receipt
by the Secretary of a notice in writing of resignation from the member,
on expulsion from the association following an enquiry by the Ethical
and Professional Standards Committee or where the subscription of
the member is more than three calendar months in arrears.
12 Provided
that a member expelled from the Association shall have been given
a reasonable opportunity of explaining his/her conduct and that the
expulsion shall have been confirmed by an Appeals Committee which
shall have been decided by the Council of the Association.
General
Meetings
13 General
Meetings of members shall be held from time to time on the instructions
of Council or at the request of twenty members in writing to the Secretary:
to approve
the annual report of the association,
to determine
the policies of the association,
to amend
the constitution of the association,
to establish,
determine the remit of or dissolve standing committees.
14 Notice
of a General Meeting shall be given in writing to all members at least
one calendar month before the date of the meeting. Such notice shall
specify the time and place of the meeting and, where practicable,
the matters to be considered. Provided that the accidental omission
to give notice of a meeting to, or the non receipt of such notice
by any person entitled to receive notice thereof, shall not invalidate
any resolution passed or proceeding transacted at any meeting.
15 The
Association shall hold a General Meeting in every calendar year and
not more than six months after the end of the financial year as its
Annual General Meeting.
16 Any
motion signed by a proposer, seconder and twelve other members or
duly passed and recorded in the minutes of a meeting of Council, a
Standing Committee, a Local Group, a Special Interest Group or a Project
Group and submitted to the Council not less than twenty-one days before
the date of the General Meeting should be placed on the agenda.
Proceedings
at General Meetings
17 Every
person who is a member and every organisation who is a member shall
have one vote.
18 Except
for motions affecting the Constitution of the Association, any motions
and amendments shall be passed by a simple majority. In the case of
an equality of votes the chair of the meeting shall be entitled to
a second or casting vote.
19 Motions
affecting the Constitution of the Association shall be passed by a
two thirds majority of those present and voting. There shall be no
amendments to such motions and the chair will not be entitled to a
second or casting vote.
20 No
business shall be transacted at any General Meeting unless a quorum
is present when the meeting proceeds to business. Save as herein otherwise
provided, one percent of the members whose subscriptions are not in
arrears at the beginning of the calendar month preceding the one in
which the General Meeting is held or ten members, whichever is higher,
personally present or, in the case of an organisation, personally
represented shall form a quorum.
21 If
within one hour of the time appointed for the holding of a General
Meeting a quorum is not present, the meeting, if convened at the request
of members, shall be dissolved. In any other case, it shall stand
adjourned to a time and place as the Council may determine. If at
such adjourned meeting a quorum is not present within one hour from
the time appointed for holding the meeting, the members present shall
be a quorum.
22 The
Chair (if any) of the Association if present shall chair every General
Meeting but if there be no such Chair or if at any meeting s/he shall
not be present at the time appointed for holding the same or shall
be unwilling to preside, then the members present shall elect a chair
to preside at the meeting.
23 Whoever
chairs a General Meeting may, with the consent of any meeting at which
a quorum is present (and shall if so directed by the meeting) adjourn
the meeting from time to time and from place to place but no business
shall be transacted at any adjourned meeting other than business which
might have been transacted at the meeting from which the adjournment
took place. Whenever a meeting is adjourned for thirty days or more,
notice of the adjourned meeting shall be given in the same manner
as the original meeting. For meetings adjourned for less than thirty
days the members shall not be entitled to notice of an adjournment
or the business to be transacted at an adjourned meeting.
24 The
Association in General Meeting may make By-Laws regulating the management
of the Association, the conduct and conditions relating to meetings,
the conduct and conditions relating to members and in respect of such
matters as are by this Constitution required to be dealt with in By-Laws
and in respect of such other matters as the Association in General
Meeting shall think fit provided that no Bye- Law may be made or shall
be valid if it shall contravene or be inconsistent with the Constitution.
Council
25 The
Council of the Association shall consist of the Chair, Vice- Chair,
Secretary, Treasurer and such National Convenors and Standing Committee
Convenors as have been duly elected.
26 Founder
members shall in General Meeting appoint such officers as shall be
duly nominated by two founder members and elected by a simple majority
of those founder members present and voting to serve from the date
of the first General Meeting until 31st December 1994.
27 For
appointments made after the date of the first General Meeting, nominations
for office shall be made by two members of the association whose registered
addresses must, in the case of National Convenors, be in the area
which the National Convenor being nominated will represent and shall
be submitted to the Secretary by 31 October in the year in which a
term of office expires or within two months of a casual vacancy occurring.
28 Where
there is more than one nomination for an office, the Secretary shall
cause a postal ballot of members, in the case of National Convenors
of those members whose registered addresses are in the area which
the National Convenor will represent, to be held within one calendar
month of the closing date for nominations to elect the officer by
single transferable vote.
29 The
term of office of elected members of Council shall be two years commencing
on January 1 in the year after election save in the case of an election
to fill a casual vacancy when the term of office shall begin on the
day following the announcement of the election result and end on December
31 in the year following.
30 Where
no member is nominated to an office, the Council shall have the power,
save in the case of National Convenors, to appoint a member to hold
office as if they had been duly nominated by two members of the Association
in the case of offices falling vacant before June 30th in any calendar
year until December 31 in the same calendar year and in any other
case until December 31 in the following calendar year.
31 The
office of a member of the Council shall be vacated if:
(a) a receiving order is made against him/her or s/he makes any arrangement
or composition with his/her creditors
(b) s/he becomes of unsound mind
(c) s/he resigns his/her office by notice in writing to the General
Secretary
(d) s/he fails to attend any of the meetings of the Council in any
period of twelve calendar months
(e) s/he ceases to be a member of the Association.
32 The
Council may coopt members of the Association whom the Council may
from time to time consider, by reason of their special experience
or expertise, to have a particular contribution to make to the work
of the Association. Provided that such co-opted members shall be entitled
to speak but shall not be entitled to vote on any matters under consideration
by the Council.
33 The
management of the business of the Association shall be vested in the
Council who may exercise all such powers of the Association and do
on behalf of the Association all such acts as may be exercised and
done by the Association and as are not by this Constitution required
to be exercised in General Meeting. Without prejudice, and in addition
to the powers aforesaid the Council shall have the following special
powers and duties:
the appointment,
supervision, remuneration and dismissal of any staff.
34 The
Council shall take such measures as are necessary to carry out the
objects of the association, and in particular, shall:
present
an annual report to a General Meeting setting out the achievements
of the association in previous calendar year and the direction and
focus of the association's work in the forthcoming eighteen months;
enter
into agreements with other organisations on behalf of the members
of the association in pursuance of the objects of the association;
seek
the support of other organisations in pursuance of the objects of
the association;
support
members in their pursuance of the objects of the association;
seek
to resolve any conflicts which may arise between members or groups
within the association through conciliation;
determine
the level of subscriptions payable by members;
manage
the resources of the association to ensure the most effective use
of those resources in pursuance of the objects of the association.
35 The
Council shall meet not less than three times in each year and at such
times as the Council or Chair shall decide. Four members of the Council
shall form a quorum.
36 The
chair at any meeting shall have a second or casting vote.
37 If
at any meeting the Chair be not present at the time appointed for
the meeting or be unwilling to preside then the Council shall elect
a member from within the Council to chair the meeting.
38 The
Council shall cause proper minutes to be made of all appointments
of officers made by the Council and the proceedings of all meetings
of the Association and of the Council, its Project Groups, Local Groups
and Special Interest Groups and Standing Committees and any such minutes
of any meeting if purporting to be signed by the chair of such meeting
or by the chair of the next succeeding meeting shall be sufficient
evidence without any further proof of the facts therein stated.
Project
Groups
39 The
Council may delegate any of their powers to Project Groups consisting
of such members of the Association as they think fit and any Project
Groups so formed shall, in the exercise of the powers so delegated,
conform to any regulation imposed on it by Council. Such Project Groups
shall have power to co-opt other persons, whether or not members of
the Association, to serve on such Project Groups. Provided that no
resolution of a meeting of a Project Group shall be of any effect
unless, of the members of the Project Group present, a majority are
members of the Association.
Local
Groups and Special Interest Groups
40 Local
Groups may be formed at the request of twelve members in a defined
geographical area in order to pursue one or more of the objects of
the Association in association with other persons in that area. Such
requests shall be made to the Secretary who shall have absolute discretion
to agree to or refuse the request. Any appeal against the refusal
of the Secretary to agree to a request shall be heard by the Council
and, if the refusal is upheld, by the members in General Meeting.
41 Special
Interest Groups may be formed at the request of twelve members in
order to pursue one or more of the objects of the Association in association
with other persons having a particular special interest. Such requests
shall be made to the General Secretary who shall have absolute discretion
to agree to or refuse the request. Any appeal against the refusal
of the Secretary to agree to a request shall be heard by the Council
and, if the refusal is upheld, by the members in General Meeting.
42 Local
Groups and Special Interest Groups may appoint such officers as they
deem necessary in order to carry out their work but must, in any case,
appoint a President, Chair or Convenor and a Secretary who shall be
members of the Association and whose names shall be notified in writing
to the Secretary.
43 The
Council may, from time to time and with the agreement of the officers
of a Local Group or Special Interest Group, delegate to any Group
such tasks and responsibilities as may be consistent with the interests
of the Group and expedient for the Group to undertake on behalf of
the Council.
44 The
Council may from time to time make grants available to any or all
Local Groups or Special Interest Groups to enable them more effectively
to pursue the objects for which they have been established.
Standing
Committees
45 There
shall be a Standing Committee for Ethical and Professional Standards
and such other Standing Committees as shall from time to time be determined
by members in General Meeting.
46 The
Vice-Chair of the Association shall be Convenor of the Standing Committee
for Ethical and Professional Standards. The Convenor of each other
Standing Committee shall be elected in accordance with the procedure
for the election of officers of the Association.
47 In
addition to the Convenor, the membership of each Standing Committee
shall consist of not less than five and not more than ten members
of the Association. The Council, in cooperation with Local Groups
and Special Interest Groups, shall appoint the membership of Standing
Committees.
48 The
term of office shall be two years commencing on January 1 in the year
after appointment except in the case of an appointment to fill a casual
vacancy when the term of office shall begin on the day following the
announcement of the appointment and end on December 31 in the year
following or upon the dissolution of the Standing Committee by resolution
of members in General Meeting.
49 Any
member of a Standing Committee shall cease to be a member if:
(a) a receiving order is made against him/her or s/he makes any arrangement
or composition with his/her creditors.
(b) s/he becomes of unsound mind.
(c) s/he resigns his/her membership of the committee by notice in
writing to the Secretary.
50 Except
as otherwise herein provided Standing Committees shall exercise such
responsibilities and undertake such tasks as are from time to time
delegated to them by the Council or by members in General Meeting.
51 Standing
Committees shall:
present
an annual report to a General Meeting setting out the achievements
of the committee in the previous calendar year and, where appropriate,
the direction and focus of its work in the forthcoming eighteen months;
cooperate
with other Standing Committees, Local Groups, Special Interest Groups
and Project Groups in pursuance of their delegated tasks and responsibilities;
cooperate
with other organisations, under the general supervision of the Council,
in pursuance of their delegated tasks and responsibilities;
manage
the resources made available to them in ways which will ensure the
most effective use of those resources in pursuance of the tasks and
responsibilities delegated to them.
52 Standing
Committees shall meet not less than once a year and at such times
as the Committee or Convenor shall decide. Four members of the Committee
shall form a quorum.
53 The
chair at any meeting shall have a second or casting vote.
54 If
at any meeting the Convenor be not present at the time appointed for
the meeting or be unwilling to preside then the Committee shall elect
a member from within the Committee to chair the meeting.
55 Standing
Committees may delegate any of their tasks or responsibilities to
committees consisting of such members of the Association as they think
fit and any committees so formed shall, in the exercise of the powers
so delegated, conform to any regulation imposed on it by the Committee.
Such committees shall have power to co-opt other persons, whether
or not members of the Association to serve on such committees. Provided
that no resolution of a meeting of a committee shall be of any effect
unless, of the members of the committee present, a majority are members
of the Association.
Ethical
and Professional Standards Standing Committee
56 The
Standing Committee for Ethical and Professional Standards shall seek
to support members in their pursuance of the objects of the association
by, among other things,
providing
guidance from time to time on such ethical and professional matters
as shall have been referred to it by the Council, members in General
Meeting, Local Groups or Special Interest Group or shall have been
considered by members of the Committee as worthy of their comment;
monitoring
the advice and support provided to members by the Association and
recommending such action as the Committee feels necessary to ensure
that a high standard of advice and support is provided to members;
providing,
alone or in association with other persons or bodies, an independent
arbitration service in ethical and professional matters to individuals,
whether members or not, and organisations;
considering
complaints made against members of the Association in accordance with
the By-Laws.
National
Convenors
57 National
Convenors may be elected to represent the interests of England and
the Channel Islands, Northern Ireland and the Isle of Man, Scotland
and Wales respectively.
58 The
registered address of a National Convenor must be in an area which
s/he represents.
59 Elections
for the office of National Convenor are held at the request of twelve
members whose registered addresses are in the area the National Convenor
will represent.
Accounts
60 The
Council shall cause proper books or account to be kept with respect
to:
(a) all
sums of money received and expended by the Association and the matters
in respect of which such receipts and expenditure take place,
(b) all sales and purchases of goods by the Association, and
(c) the assets and liabilities of the Association.
61 Proper
books shall not be deemed to be kept if there are not kept such books
of accounts as are necessary to give a true and fair view of the state
of affairs of the Association and to explain its transactions. Provided
that such books may consist of paper, magnetic or optical media and
the Council shall take such measures as are deemed necessary to prevent
the misuse or accidental erasure of any data in such books.
62 The
books of account shall be kept in such place or places as the Council
shall think fit and shall always be open to the inspection of the
members of the Council.
63 The
books of account shall be open to the inspection of members of the
Association at such times and in such places as the Council shall
from time to time determine. Provided that nothing in this clause
shall impede a member of the Association in the proper exercise of
her/his rights under the Data Protection Act 1984 and any subsequent
legislation relating to the protection of data.
64 At
the Annual General Meeting in every year the Council shall lay before
the Association a proper income and expenditure account for the completed
accounting period since the last preceding account together with a
proper balance sheet made up as at the last day of the period. Every
such balance sheet shall be accompanied by proper reports of the Council
and the Auditors.