Neighbourhood Renewal In N Ireland NR has in some cases not gone beyond the formation of committees in which a lot is discusssed but little actually gets done. Some years ago now, Andrew Mawson ststed he had little faith the NR concept as he had experienced the same scenario as outlined above. I am involved in a NR Partnership in Belfast. I want to know what has been learned from mainland GB in the roll out of NR that we could usefully implement here. Is there anything available or people to talk to? Many thanks

Below are details of a consortium that wants to clarify its liabilities.

Background

*It was formed 5 years ago and has just over 10 member organisations. It has a name, logo, branding and website.

* The members meet monthly. They have developed protocols, membership, procedures for electing officers, running sub-groups which in one case has its own funding streams.

* The consortium bids for work and then delivers work, sometimes branded with the consortium's brand, sometimes with the individual member's own brand, sometimes with a mixture of both. They have protocols for bidding, planning and delivering and reporting on work.

* The consortium uses funding (as specified in the bid) to pay for staff to service the consortium but who are employed through one of the members.

* Bids are submitted in the consortium's name. There is a lead organisation and a statement to sub-contract to other members. Each member who delivers work is issued a commissioning letter and a sub-contract to deliver. The member is responsible for insurance and managing the liability of the services it delivers. Work sub-contracted to members can include events open to the VCS and public sector and branded with the consortium's logo, name.

* Members understand that if they do not deliver the work they are sub-contracted to deliver they will not receive payment.

* Members accept that they are wholly liable for work they are sub-contracted to deliver.

Questions

* What is the legal identity of the consortium? Is it a network, an informal partnership, an unincorporated organisation or something else?

*To what extent are members liable for other members actions, as opposed to the lead body being liable for its sub-contractor's actions? This subdivides into:

**When the member is sub-contracted to deliver work but does not deliver at all/to schedule/to specification/to an agree standard

**When a member delivers work they have been sub-contracted to carry out on behalf of the consortium and to which a third party takes offence and wants to complain - do members have control over whether the third party should be directed to complain to the sub-contractor or the consortium?

**How liable are other members when one member speaks on behalf of the consortium ?

**Can protocols/agreements be put in place to cover the liability of the 2 previous questions?

*Bearing in mind the various agreements and contracts used to cover liabilities when sub-contracting work and cover of financial liabilities, what are the other possible liabilities consortium members might incur and how likely is it that they will occur? (I think this is an enquiry along the lines of a nature, level and likelihood of risk analysis). Sub questions to this are:

**What are the implications of liabilities regarding its current legal structure?

**Can these liabilities be covered effectively through protocols/insurances?

We are a charitable company running a national grant funded project for past 3 years which has seen a network of 'partners' form. All of these are independent non-profit organisations, located throughout England and offer a diverse range of products, services and inherent expertise.

Over time, the potential within this network has become evident and opportunities to trade in the marketplace as a 'network' are rapidly emerging - such as collective bargaining, becoming a sales/distribution channel for suppliers to get to market, collective 'bidding' for grants and other commissioned work, and trading with others in the network.

However, there are a number of challenges to resolve in order to realise these opportunities and we have identified a need for agreement on the 'rules of engagement'. Some of the visible issues are:- who serves as the 'accountable body'; can any member 'speak on behalf of the network' and broker 'deals' for the network; how do individual members reconcile their own charitable objectives/ethics/etc.; can individuals opt out of specific opportunities where they perceive a 'clash'; how would financial relationships work.

Can you advise on the types of 'governance' model that might be applicable to this or suggest a template 'partnership agreement' or should the 'network' consider forming a separate legal entity? I understand from a colleague that there was a post on ExpertsOnline previously offering free legal service to charities from a solicitor - is that still available?