FOI Request by Mr Peter Geoghegan - 26 September 2017
Re: LOVES SAVE THE DAY - 1066963

Relevant extracts as follows:
16 March 2015 - FROM THE CHARITY COMMISSION TO SUSAN BARRINGTON-BINNS
Thank you for submitting your application [ATTACHED AS SEPARATE DOCUMENT]
Organisation Name: LOVES SAVES THE DAY FOUNDATION
Application Reference Number: 5059869
I am writing to confirm receipt of your application to register the above organisation as a
charity and to introduce myself as the case officer.
If you added any information into the Special Circumstances part of the application form then
please be assured that we will have noted this.
As you will appreciate the application will take us some time to consider. The Registration
Division is currently experiencing exceptionally high volumes of work and has extended the
time taken to respond to correspondence. I aim to be in touch with you again by 29/04/2015
00:00.
Depending upon the complexities of the application it is quite possible that there will be a
need for further correspondence between us. In order to allow me the time to give the
appropriate consideration to your application I would be very grateful if you did not contact
me (either by phone or email) to ask for an update or to discuss the application.
However, if you have not heard from me within 40 days please do contact me. When you do
respond please do so wherever possible via email using the reference I have put in the title.
How we consider your application:
The supporting guidance to the application form has already directed you to our published
guidance in How to register your charity.
In assessing your application we follow the framework set out on our website in How we
make registration decisions.
We make a full assessment of the information you have provided and will use that in making
our decision. The trustees have completed and signed the trustee declaration form
submitted with the application form to confirm that:

 • They understand the objects of the organisation and the provisions of the governing
document and their duties as trustees;
• They are not disqualified from acting as a trustee of the organisation and that all trustee
eligibility checks that are required by law have been carried out;
• The application identifies any trustee who is currently receiving or will receive any benefit;
• The information given in the application form and on the trustee declaration is true,
complete and correct; and
• They are aware that making a false or misleading statement (to the Commission) is an
offence under section 60 of the Charities Act 2011
Yours sincerely
25 March 2015 - FROM THE CHARITY COMMISSION TO SUSAN BARRINGTON-BINNS
Dear Mrs Barrington-Binns
Thank you for your application to register Susan Barrington-Binns (or Love Saves the Day
Foundation?) as a charity.
To be a charity in England and Wales your organisation must satisfy the definition of a
charity in the Charities Act 2011.
The Charities Act 2011 says that a ‘charity’ is an institution which:
 Is subject to the High Court’s charity law jurisdiction
 Is established for charitable purposes only
A charitable purpose is one which falls within the range of descriptions of charitable
purposes set out in the Charities Act 2011 and which is for the public benefit. The trustees
have a duty to carry out the charity’s purposes for the public benefit.
More information can be found about this in our published guidance available from the
Charitable Purposes and Public Benefit pages of our website:
http://www.charitycommission.gov.uk/detailed-guidance/charitable-purposes-and-publicbenefit/
The registration process and decision is described in our guidance in CC21b ‘How to register
your charity’ and in ‘How we make registration decisions’, available from the ‘Registering
your charity’ pages of our website.
http://www.charitycommission.gov.uk/start-up-a-charity/registering-your-charity/
Can the trustees please consider the following:
1.

Am I correct in assuming the name of the charity should be Loves (or Love) Saves
the day Foundation; and not your name as entered on the application.

2. Working Overseas:
The application includes a range of questions on working overseas, however as you did
not tick the relevant classification the trustees would not have had an opportunity to see
them. I would refer you to our guidance on Charities Working Internationally which can
be found on our website. need to consider when sending funds overseas and using an
agent to oversee the funds' application.

 a.
b.
c.

How are activities abroad monitored?
What report back provisions are in place that give the trustees comfort that the aid
is getting to those in need of it?

d.
e.
f.
3.

Please confirm that you have read the guidance on Charities Working Internationally
and that the trustees will act within our guidelines?

How are the intended beneficiaries identified and selected?
Do the trustees always retain discretion over how the funds of the organisation are
applied? If this discretion is left to an agent or partner – how does this work?
How is the movement of funds managed and risk assessed?

Objects: I note that the proposed charity has a range of objects including advancing
citizenship and community development. You may have seen these in the
description of purposes; however, if using either phrase as a charitable purpose, they
need to be defined to make it clear what charitable purpose is being
undertaken. Having looked at the application, citizenship, from a charity law point of
view would probably not be appropriate (I would refer you to our guidance on this). I
would suggest that as a whole the objects are simplified into a single charitable
purpose based on clause 3(e)?
a. Can I please have the trustees comments on this?

I will be keeping this case open for 8 weeks pending your reply.
Regards

Senior Case Officer Registration Division
registrationapplications@charitycommission.gsi.gov.uk
Website: www.charitycommission.gov.uk
PLEASE NOTE THE FOLLOWING:
Please quote the above reference number in all correspondence.
Our Registration team is currently experiencing exceptionally high volumes of work and has
extended the time taken to respond to correspondence. We aim to respond to any
correspondence within 30 working days. After you have replied to this e-mail, to help us to
manage our service we would be very grateful if you did not contact us before then (either by
phone or email) to ask for an update or to discuss the application.
However, if you have not heard from us in response to your email within 40 working days
please get in touch using the reference for your application.
Thank you for your patience
27 March 2015 - FROM SUSAN BARRINGTON-BINNS TO THE CHARITY COMMISSION
We acknowledge receipt of your email of the 25th March 2015 regarding a number of
queries relating to the Love Saves the Day Foundation. We are currently liaising with the
charity trustees and will reply to your queries very shortly. We will aim to do so within 7 days
of today, by close of business on Friday 3rd April.

 With Regards
27 April 2015 – FROM SUSAN BARRINGTON-BINNS TO THE CHARITY COMMISSION
Please let me know if you have any problems opening the attachment? Please can you also
advise what the next steps are in the charity registration process and whether you require
any further documentation or information from any of the trustees?
Many thanks for your continued assistance, and apologies for the delay in responding to
your email.
With Regards

27 April 2015 - FROM ALISON MARSHALL TO THE CHARITY COMMISSION
Thank you for your email of the 25 March 2015. I have now obtained all the necessary input
from the trustees and attach a letter containing answers to all of your questions raised in
your email.
CONTENTS OF ATTACHED EMAIL:
I refer to your email of the 25th March 2015 regarding the above application. In the email, you
raised a number of questions to be considered and answered by the trustees. I have set out
below, each question and each corresponding answer as follows:
Question 1
1. Am I correct in assuming the name of the charity should be Loves (or Love) Saves the
day Foundation; and not your name as entered on the application.
Answer 1
Yes the name of the charity is “Love Saves the Day Foundation”. 

Question 2. Working Overseas:
The application includes a range of questions on working overseas, however as you did not
tick the relevant classification the trustees would not have had an opportunity to see them. I
would refer you to our guidance on Charities Working Internationally which can be found on
our website. need to consider when sending funds overseas and using an agent to oversee
the funds' application.
Question 2 a.
2a) Please confirm that you have read the guidance on Charities Working Internationally and
that the trustees will act within our guidelines?
Answer 2a
I confirm that all the trustees have been provided with a copy of the guidance on
charities working internationally and that each trustee has individually confirmed that
they have read the guidance and that they will act within the guidelines.


Question 2b
How are activities abroad monitored?

 Answer 2b)
b1) The activities abroad will be monitored in the trustees monthly meetings at a senior
level held either abroad or in the UK in order to ensure that there has been a proper
end use of the charity’s funds. The Trustees will in particular, identify any specific risks
applicable to Belize and Lesotho to ensure that any due diligence and monitoring risks
for donations in those countries are adapted accordingly and enhanced due diligence
will be obtained where required.
b2) Receipts for donations will be examined along with reports from the recipients of
the donations as to the use of the funds. In some cases, where donations are in
several tranches, this will be a precondition for the application and release of the next
tranche of funds. Any concerns regarding the use of the funds will be considered by
the Trustees at these monthly meetings.
b3) International activities will also be monitored separately in an annual external audit
to take place by an external auditor or auditors in each country where the Charity has
operations who will include a monitoring report. This will include reconciliation of bank
statements, receipts and invoices as well as a report on the compliance with all local
laws and customs in Belize and Lesotho and any other countries
b4) The charity will hold a list of valuable fixed assets held in the UK and abroad and
carry out inspections and site visits abroad at least once a year.
b5) Only 3 trustees will be signatories on the Charity's bank account but they will report
to all trustees on a monthly basis. Any further specific monitoring required for each
donation will be identified at the trustees monthly meetings and established as
required.
b6) The Trustees will ensure that the funds of the charity are only applied to their
intended beneficiaries and will put in place all necessary due diligence and monitoring
of compliance in UK and abroad to ensure the prevention of fraud, money laundering
and terrorist financing or any other illegal or immoral activities. A reporting and whistle
blowing policy will be established to encourage all trustees and any other staff to report
any suspicious activity.
b7) The Charity will keep proper and adequate financial records, for the receipt of funds
and use of funds and audit trails of decisions made regarding the application of those
funds, including records of domestic and international transactions.
Question 2c.
What report back provisions are in place that give the trustees comfort that the aid is getting
to those in need of it?
Answer 2c
c1) The trustees will require monthly reports and accounts from any staff employed
overseas. In addition, any recipients of aid under the donation agreements will be
required to provide evidence on a monthly or quarterly basis by way of a donation
report demonstrating the proper administration of their objectives. If they are to receive
their donations in tranches, it may also be a pre-condition for their application for their

 next trance of funds to demonstrate that the funds are being applied properly and to
provide these donations reports.
c2) In addition, if required, a trustee will carry our a personal site visit or inspection as
deemed necessary to ensure that the aid is being properly used.
Question 2d
How are the intended beneficiaries identified and selected?
Answer 2d)
d1) There are 3 ways that intended beneficiaries are identified and selected. The first
is identification of beneficiaries in person by the Trustees when visiting Belize, Lesotho
and any other countries, and proposing a donation (to a beneficiary) to the other
trustees at the monthly meeting.
d2) The second way is by a potential beneficiary approaching the Foundation through
the Foundation’s website and making an application for a grant using the Founations
Grant application process which will be available on the website.
d3) The third method is by way of invitation, by the Foundation trustees inviting a
beneficiary to make an application for a grant.
d4) The charity will comply with all due diligence requirements for every beneficiary
and where necessary, seek enhanced due diligence.


Question 2e
Do the trustees always retain discretion over how the funds of the organisation are
applied? If this discretion is left to an agent or partner – how does this work?
Answer 2e
The trustees will be the only persons with discretion over how the funds of the
organisation are applied. This will not be delegated to a third party agent or employee.


Question 2f.
How is the movement of funds managed and risk assessed?
Answer 2f)
f(1) Funds will be managed exclusively by the trustees and only 3 trustees will be
signatories on all bank accounts. Local bank accounts will be established in Belize
and Lesotho and any other countries for the purpose of the distribution of grants to
beneficiaries in local currency in those countries. Only the trustees can accept a valid
receipt for donations. The Trustees will comply with their legal duties to safeguard the
charity’s money and assets and ensure the funds are not at undue risk. Any risks of a
loss in the movement or holding of funds will be reported to the trustees. The Trustees
will exercise fully supervisory control over the charity’s bank account.
f(2) The trustees will conduct a risk assessment at the time that the grant application
is considered for each project on a project by project basis in order to identify any risks
to funds that are being distributed to beneficiaries. This risk assessment will include
the identification of any operational, financial, reputational or external risks or any risks

 that may result in non-compliance with UK charity law and other UK law as well as
international law. The trustees will keep and update a risk register.
f(3)If necessary, the risk assessment for each project will be repeated at regular
intervals at the trustees monthly meeting. Any failures in the control systems will be
reported at the trustees monthly meeting and any necessary remedial action taken.
f(4) The initial risk assessment and subsequent risk assessments will be in writing and
held as part of the Charity’s records. In addition, the trustees annual report will include
a report on the steps that the charity has taken to manage their risks.
f(5) The Trustees will ensure that they have full knowledge of the source of funds, how
they are are applied and who and how the charitable services will be delivered. The
Charity will comply with full due diligence requirement as to source of funds and source
of wealth if required for a donor, and report any suspicious donations, identify and
agree in monthly meetings how these funds are used in order to achieve the charity’s
purposes.
f(6) The Trustees will also ensure that they have full compliance with due diligence
requirements of beneficiaries and any other uk or local partners, whether individuals
or corporate entities.
3. Objects: I note that the proposed charity has a range of objects including advancing
citizenship and community development. You may have seen these in the description of
purposes; however, if using either phrase as a charitable purpose, they need to be defined to
make it clear what charitable purpose is being undertaken. Having looked at the application,
citizenship, from a charity law point of view would probably not be appropriate (I would refer
you to our guidance on this). I would suggest that as a whole the objects are simplified into a
single charitable purpose based on clause 3(e)?
Question 3a.
Can I please have the trustees comments on this?
Answer 3a)
The Trustees agree that the objects should be simplified into a single charitable
purpose. Please confirm if we need to submit amended documentation amended with
this change?


Further Information
If you require any further information at this stage, please do not hesitate to contact me.

Yours sincerely
19 May 2016 - FROM THE CHARITY COMMISSION TO SUSAN BARRINGTON-BINNS
Thank you for your response. I am happy that the aims of the organisation are
charitable. All that remains is to put the objects on a charitable footing. This will require a
change in the governing document as agreed by the trustees. Please send me a copy of the
minutes at which it was agreed (including electronic meeting records if that saves time) and
a full copy of the revised governing document. If you wish to amend the wording of the
objects, please let me know before amending the governing document.

 Proposed new objects (note this will be the sole wording):
"Such charitable purposes for the public benefit as are exclusively charitable
according to the laws of England and Wales as the trustees may from time to time
determine."
Please respond as soon as the trustees are able to complete the process as we are keen to
progress applications as quickly as possible.
Regards
26 May 2015 - FROM ALISON MARSHALL TO THE CHARITY COMMISSION
Thank you for your email. In response to your email, please now find enclosed:



A copy of Meeting Minutes dated 22 May 2015 authorising the change of the
charitable objects of the Foundation..
A full copy of the amended governing document with the amended charitable
objects clause at clause 3 on page 3.

Please do let me know if you need any more information or supporting documents or if you
have any problems opening the attachments?
[REQUESTED DOCUMENTS ATTACHED SEPARATELY]
1 JUNE 2016 - FROM THE CHARITY COMMISSION TO ALISON MARSHALL
Dear Contact
You have applied to register the above organisation as a charity.
We are satisfied that LOVES SAVES THE DAY FOUNDATION is a charity and it has been
entered onto the Register of Charities with the Registered Charity Number 1161939.
Our decision
The decision to register was based on our assessment of the information supplied during the
application process and the declarations given in the trustee declaration form and we are
satisfied that LOVES SAVES THE DAY FOUNDATION is established for charitable
purposes only for the public benefit.
The trustee declaration gives a reminder that it is an offence under section 60 of the
Charities Act 2011 to provide false or misleading information.
What to do now Please ensure all of the trustees read this email.
The charity's details will be publicly available on our website within 48 hours.
It is essential that the trustees check that all the details on the Register of Charities are
accurate and that they are kept up-to-date by requesting a password to access our online
services. With a password they can also obtain a Registration Certificate.
It is the trustees' duty to operate their charity for the public benefit.

 In applying to register LOVES SAVES THE DAY FOUNDATION as a charity we have
referred you to our guidance in What makes a charity (CC4). Our guidance explains and
links to the Public Benefit Framework and our guidance in Public Benefit: running a charity
(PB2) and Public Benefit: reporting (PB3).
Operating a charity and reporting: sources of support and guidance We recommend
the trustees read our guidance on the trustee role and board.
Registration is just the first stage of a potentially long journey for many charities. Our website
has a huge amount of specialist advice and guidance to help a charity run as effectively as
possible and assist in the most common areas that affect charities.
Use the Managing your charity section of our website to notify us of any changes and
comply with legal obligations; whether it is filing accounts or completing the Annual Return,
changing the governing document or alerting us to a serious incident.
Yours faithfully
1 JUNE 2015 - FROM THE CHARITY COMMISSION TO SUSAN BARRINGTON-BINNS
Dear Applicant
You have applied to register the above organisation as a charity.
We are satisfied that LOVES SAVES THE DAY FOUNDATION is a charity and it has been
entered onto the Register of Charities with the Registered Charity Number 1161939.
Our decision
The decision to register was based on our assessment of the information supplied during the
application process and the declarations given in the trustee declaration form and we are
satisfied that LOVES SAVES THE DAY FOUNDATION is established for charitable
purposes only for the public benefit.
The trustee declaration gives a reminder that it is an offence under section 60 of the
Charities Act 2011 to provide false or misleading information.
What to do now Please ensure all of the trustees read this email.
The charity's details will be publicly available on our website within 48 hours.
It is essential that the trustees check that all the details on the Register of Charities are
accurate and that they are kept up-to-date by requesting a password to access our online
services. With a password they can also obtain a Registration Certificate.
It is the trustees' duty to operate their charity for the public benefit.
In applying to register LOVES SAVES THE DAY FOUNDATION as a charity we have
referred you to our guidance in What makes a charity (CC4). Our guidance explains and
links to the Public Benefit Framework and our guidance in Public Benefit: running a charity
(PB2) and Public Benefit: reporting (PB3).

 Operating a charity and reporting: sources of support and guidance We recommend
the trustees read our guidance on the trustee role and board.
Registration is just the first stage of a potentially long journey for many charities. Our website
has a huge amount of specialist advice and guidance to help a charity run as effectively as
possible and assist in the most common areas that affect charities.
Use the Managing your charity section of our website to notify us of any changes and
comply with legal obligations; whether it is filing accounts or completing the Annual Return,
changing the governing document or alerting us to a serious incident.
Yours faithfully
10 June 2015 – FROM SUSAN BARRINGTON-BINNS TO THE CHARITY COMMISSION
Dear Sirs,
Please can you advise if our charity is now registered and let us have a charity registration
number if possible?
We have received our first request for a donation and therefore are making this enquiry.
Many thanks for your assistance.
With Regards
10 June 2015 – FROM THE CHARITY COMMISSION TO THE CHARITY’S EMAIL
ADDRESS
Copy of e-mail sent 1 June 2015. Please note copies also went to 2 of the trustees.
Dear Contact
You have applied to register the above organisation as a charity.
We are satisfied that LOVES SAVES THE DAY FOUNDATION is a charity and it has been
entered onto the Register of Charities with the Registered Charity Number 1161939.
Our decision
The decision to register was based on our assessment of the information supplied during the
application process and the declarations given in the trustee declaration form and we are
satisfied that LOVES SAVES THE DAY FOUNDATION is established for charitable
purposes only for the public benefit.
The trustee declaration gives a reminder that it is an offence under section 60 of the
Charities Act 2011 to provide false or misleading information.
What to do now
Please ensure all of the trustees read this email.

 The charity's details will be publicly available on our website within 48 hours.
It is essential that the trustees check that all the details on the Register of Charities are
accurate and that they are kept up-to-date by requesting a password to access our online
services. With a password they can also obtain a Registration Certificate.
It is the trustees' duty to operate their charity for the public benefit.
In applying to register LOVES SAVES THE DAY FOUNDATION as a charity we have
referred you to our guidance in What makes a charity (CC4). Our guidance explains and
links to the Public Benefit Framework and our guidance in Public Benefit: running a charity
(PB2) and Public Benefit: reporting (PB3).
Operating a charity and reporting: sources of support and guidance
We recommend the trustees read our guidance on the trustee role and board.
Registration is just the first stage of a potentially long journey for many charities. Our website
has a huge amount of specialist advice and guidance to help a charity run as effectively as
possible and assist in the most common areas that affect charities.
Use the Managing your charity section of our website to notify us of any changes and
comply with legal obligations; whether it is filing accounts or completing the Annual Return,
changing the governing document or alerting us to a serious incident.
Yours faithfully