Can someone explain "conflict of interest" to me, regarding being on a committee?

[Ripeberry]

Not sure where to put this, but its a valid question i think.
I'm on a pre-school committee and being pressurised in being the Chair, just because i've been on the said committee for 3yrs.
My DD2 will be leaving the pre-school next July and i think i've done my time.
Also to complicate things,i'm going to set up as a chilminder in my own home by December and that is going to take up quite a bit of my time anyway.
So, legally, How can i be the Chairperson of a pre-school and a childminder.
Would it not mean that i was benefiting my business by being there?
Also, just to keep everybody sweet for now, i've taken on the role of secretary and Ofsted registered person for EYFS.
But, i'm going to be so gutted if this is going to affect my childminding career, just because other parents can't make time.

Our old constitution (standard PLA one) didn't allow anyone to stay on the committee for more than 3 years -- that might be your get-out card?!

I don't know about cm being a conflict of interest, I don't really see it myself. One of the preschools locally had a succession of CMs as the chairperson, though.

Also by the way, i had hoped to step down this year from the committee, but we lost 5 off the committee, the chair, the secretary, the treasurer and two of the general members.
But at least we managed to find a new Treasurer and of course little me had to take up secretary. The Chair has just run for the hills screaming! been doing it for 5yrs.

It depends what is in your constitution. i am not sure how being a childminder is a conflict of interest. however if you don't want to be chair then you really ust have to say no.

if you can't say no and you are going to be the chair and you are worried about a conflict of interest, i would suggest two things.

make upa conflict of interest form and sign ithere

and phone ofsted for advice and see what they say and get them to put it in writing.

Try not to take all the weight of this on yourself. If it's time for you to stop, step away politely but firmly. You don't need an excuse, you've really done your bit. That's what i told myself anyway! Such a relief not to have to worry about it anymore.

I would use conflict of interest if I wanted out

You could be seen to be recruiting children from pre-school customers

Thanks peanut, gives me a better idea, but constitution is the standard model from the PLA, which says you leave when your child finishes at the pre-school.
Our chair dropped us right in it and has not even written a resignation letter, should he have done one?

i think that your existing committee need to do some work on getting members. maybe you can alter your constitution ( at an agm or special meeting) to reflect that all parents of children attending the pre -school are automatically members and have a vote. - i would suggest one vote per family then two parent families do not have more rights than single parents.

hen some campaigning to get people to come along

I don't see that conflict of interest would come into it - you're actually working against your interests by continuing to make the playgroup a success as opposed to running it into the ground and making the local parents rely solely on childminders . Unless you're explicitly advertising your CM business while acting as Chair, I think you'd be fine.

HOWEVER - being a chair is a huge responsibility and takes a lot of time and effort - if all your instincts are screaming that you don't want to do it, then be tough and walk away. I know that's a lot easier said and done, but as someone who has been guilted into many committees, please don't take it on unless you actively want it. People always appear out of the woodwork to take over in the end.

Katymac, yes that's exactly what i think! Can you image the kind of flack i'll get off other childminders?

here says
A well- drafted constitution of an unincorporated association should include provisions, which are equivalent to such company law provisions.

Firstly, there may be a provision that makes it explicit that a resignation is only acceptable if a minimum board of management members remain. This imposes an explicit obligation on the outgoing board of management member to ensure that an appropriate appointment, or appointments, is/are made before his/her departure
This provision also gives the practical solution of anyone interested in the organisation going back to the last resigning individual to impress upon them this duty
If this solution is not available, there may be an express provision allowing any remaining board of management members to act only for the purpose of bringing the number up to the required minimum, either by direct appointment, or by calling a members? meeting
If this solution is not available, there may be an express provision allowing any member to summon a members meeting for the purpose of making the required appointment to the board of management
In the case of an unincorporated association in the absence of express provision a resolution will meet a pass by all the current members
If there are no validly appointed board of management members and no validly appointed members, then advice should be taken, as strictly speaking the only proper resort is to the Court, or for charities, to the Charity Commission, so they may exercise powers of intervention back to top

Hassled, that's the thing. When you're starting out as a childminder you have to advertise all over the place.
Thank you all for replying, got some ammo.

I dont see why this should affect your childminding career? Are you saying that you shouldnt be a childminder because of your role on the committee?

I think that if you want to use it as a reason for getting off the committee then do so. Otherwise just declare the conflict of interest to the others on the committee, let them decide if they can live with it, and if they can just be careful not to use the committee as a platform for advertising your childminding.

She doesn't want to be chair of the committee & wants to use that as an excuse

She shouldn't need an excuse as after 3 yrs she should leave anyway

Thanks for that link Hellmouth, very interesting. Sounds like we need legal help from the PlA or something similar.
I've already arranged for a body similar to this to meet with us and the after school club who are directly affected.
Maybe they know a way to get out of this mess.
But i think running it as a "break even business" might be the best way and our pre-school leader can be the "manager".

I would just hold out with - I will be leaving in July anyway so I am not going to take on chair - I am already doing secretary, have done 3 years already - I have done my share. And to top it all - I am going to be too busy as well.

So - time for others to take a turn.

And stick to it - there is always pressure if they think you might give in.

As far as the chair resigning - I think there should at least have been a letter, and preferably a committee meeting.

i think that overly complicates things.

you have a bank account anc constitition and committee and are an unincorporated association - thats fine.

it just takes some work to get and keep members.

like i already suggested - make all parents automatically members.

if you run it like a company you will have a lot of legislation to catch up on.

tax implications etc.

Oh Faff! Why do they make these things SOO complicated? We just want somewhere for our kids to go for a couple of hours not have to run a business!
Back to square one!

It is running a business, Ripeb, that's the truth.

unfortunately the days of a group of mums running a place for their kids to play for a few hours are long gone. Now Ofsted is involved it is sucked into the education world and all their regulations - which makes it a daunting task for many parents to take on sadly.