Population Health Improvement Directorate Public Health Division T: 0131-244-6190 E: gareth.brown@gov.scot Mrs Linsay Bonar Forget-Me-Not Care and Counselling 9 Inglis Brae Blackwood Lanark ML11 9GS      ___ Our Ref: A11199922 22 September 2015 Dear Linsay Bonar, STAFFING AND FUNDING FOR FORGET-ME-NOT CARE AND COUNSELLING We have recently been informed that Forget-Me-Not’s sole qualified counseller, Catherine Johnstone, resigned from her role earlier in September, followed shortly afterwards by the resignation of another regular volunteer to the charity. As the provision of qualified counselling is a key basis for Scottish Government funding being made available to your charity I am keen to understand, and would be grateful if you would provide, in writing: a) the charity’s current staffing situation and the steps being taken to address this issue. You should also be aware that certain allegations have been made to us regarding the charity’s usage of its 2015-16 funding, which are obviously of concern to us. Under the conditions of the grant we can request access to all receipts and expenditure information pertaining to the use of Government monies. To enable us to determine whether or not this will be necessary, I would be grateful if you could provide a written description of: b) how your accounting arrangements meet section 7 of the Conditions of Grant ie “The Grantee shall ensure that adequate internal expenditure controls are in place and that resources are used economically, effectively and efficiently”; c) how the charity meets the section 6 requirement to have “adequate and proper records and books of account recording all receipts and expenditure of monies paid to it by the Scottish Ministers by way of Grant”; and St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot  d) how Forget-Me-Not has utilised Government monies from 1 April 2015 to date, set against the areas of spend you identified in your 2015-16 bid for funding. I would be grateful if you would ensure this information reaches me by Friday 23 October 2015. Once we receive the information we will review it and, if necessary, contact you to discuss whether any further action is required. I have attached, as an Annex, a copy of the Scottish Government Conditions of Grant, for your assistance and information. If you have any queries regarding this request, please don’t hesitate to contact me on the above number or by e-mail. Yours sincerely, GARETH BROWN Head of Health Protection St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot  ANNEX Schedule 1 - CONDITIONS OF GRANT Our Ref: A11199922 OFFER OF GRANT TO FORGET–ME-NOT CARE AND COUNSELLING UNDER SECTION 16B OF THE NHS (SCOTLAND) ACT 1978 Definitions and Interpretation 1. In these Conditions, the words and expressions set out in Schedule 1shall have the meaning ascribed to them in that Schedule. Amount and Purpose of the Grant 2. The amount of the Grant shall be a maximum non-recurring amount of fifteen thousand pounds sterling (£15,000) in financial year 2015-16. 3. The Grant shall only be used as a contribution towards the costs of the services set out within Forget-Me-Not Care and Counselling’s application for funding, which was received by Scottish Government on 24 April 2015. 4. The Grant is made available on the basis that Forget-Me-Not Care and Counselling continues to operate as aregistered charity. 5. No part of the Grant shall be used to fund any activity carried out, or material published by the Grantee, which is party political in intention, use, or presentation or appears to be designed to affect support for a political party. Inspection and Information 6. The Grantee shall keep and maintain for a period of 3 years after the expenditure occurs, adequate and proper records and books of account recording all receipts and expenditure of monies paid to it by the Scottish Ministers by way of Grant. The Grantee shall afford the Scottish Ministers, their representatives, Audit Scotland and other such persons as the Scottish Ministers may reasonably specify from time to time, such access to those records and books of account as may be required by them at any reasonable time in response to a written request for such access from the person seeking it and the Grantee shall provide reasonable assistance and explanation as the person carrying out the inspection may from time to time require. 7. The Grantee shall ensure that adequate internal expenditure controls are in place and that resources are used economically, effectively and efficiently. 8. The Grantee shall submit a short report setting out the use made of the Grant, to reach us no later than end March 2016. Assets and equipment 9. The Grantee shall not, without prior written consent of the Scottish Ministers, dispose of any equipment purchased with grant funds within 5 years of the award being made, where the equipment has a minimum value of £1,000 at the time of disposal. St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot  Publicity 10. The Grantee shall, where reasonably practicable, acknowledge in all publicity material the contribution ofthe Scottish Ministers to its costs. The Scottish Ministers may require to approve the form of such acknowledgement prior to its first publication. Compliance with the Law 11. The Grantee shall ensure that, in relation to the work of the organisation, they and anyone acting on their behalf shall comply with the relevant law for the time being in force in Scotland. Default 12. The Scottish Ministers may re-assess, vary, make a deduction from, withhold, or require immediate repayment of the Grant or any part of it in the event that: 12.1. the Grantee commits a Default; 12.2. the Scottish Ministers consider that any change or departure from the purposes for which the Grant was awarded warrants an alteration in the amount of the Grant; 12.3. if at any time within the duration of the Agreement: (a) the Grantee passes a resolution that it be wound up, or a court makes an order that the Grantee be wound up, in either case otherwise than for the purposes of reconstruction or amalgamation, or circumstances arise which would enable a court to make such an order or the Grantee is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986: (b) a receiver, manager, administrator or administrative receiver is appointed to the Grantee, or over all or part of the property which from time to time be comprised in the property and undertaking of it, or circumstances arise which would entitle a court or a creditor to appoint such a receiver, manager, administrator or administrative receiver. 13. In the event that the Grantee becomes bound to pay any sum to the Scottish Ministers in terms of the preceding clause 13, the Grantee shall pay the Scottish Ministers the appropriate sum within 28 days of a written demand for itbeing given by or on behalf of the Scottish Ministers to the Grantee. In the event that then Grantee fails to pay such sum within the said period of 28 days, the Scottish Ministers shall be entitled to interest on the said sum at a rate of 2 per cent perannum above the base lending rate or the equivalent of the Royal Bank of Scotland plc prevailing at the time of the written demand, from a date of the written demand until payment in full of the said sum and interest. 14. Notwithstanding the provisions of the foregoing clause 14, in the event that the Grantee is in breach of any of the conditions specified in these Conditions, the Scottish Ministers may, provided that breach is capable of a remedy, postpone the exercise of their rights to recover any sum from the Grantee in terms of the said clause for such a period as they see fit, and may give written notice to the Grantee requiring it to remedy the breach within such period as may be specified in such notice, and in the event of the Grantee failing to remedy the said breach within the period specified, the Grantee shall be bound to pay the said sum in accordance with the provisions of the foregoing clauses. St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot  15. Any failure or omission by the Scottish Ministers to exercise, or delay by the Scottish Ministers in exercising, any rights or remedy to which they are entitled by virtue of the foregoing clause 15 shall not be construed as a waiver of such rights or remedy. 16. The Grantee shall not be entitled to assign, sub-contract or otherwise transfer its rights or obligations under the Agreement without the prior written consent of the Scottish Ministers. Termination 17. Notwithstanding clauses 12 and 13 of these Conditions, the Agreement may be terminated by Scottish Ministers giving not less than 3 months’ notice in writing. Definitions “Agreement” means the agreement constituted by the Scottish Ministers’ award letter, the Grantee’s acceptance of the offer made in the Award Letter and these Conditions; “Award Letter” means the letter offering the Grant to the Grantee to which these Conditions are annexed; “Conditions” means these grant conditions; “Default” means: (a) Any breach of the obligations of either party under this Agreement (including, but not limited to, any breach of any undertaking or warranty given under or in terms of this Agreement); (b) Any failure to perform or the negligent performance of any obligation under this Agreement; (c) Any breach of any legislation; or (d) Any negligence or negligent or fraudulent mis-statement, or any other default, In all cases by either party, its employees, agents or representatives; “Financial Year” means a period from 1 April in one year until 31 March in the next; “Grant” means the grant offered by the Scottish Ministers to the Grantee as specified in the Award Letter, as varied from time to time in accordance with these Conditions; “Grantee” means Forget–Me-Not Care and Counselling; “Payment” means the payment specified in Schedule 1 hereto. St Andrew’s House, Regent Road, Edinburgh EH1 3DG www.gov.scot 