H3 Solicitors Limited

Whilst acting as Project Manager to the charity, Churchill Forge Trust, I commissioned Helen Harvie at H3 Solicitors to help the charity resolve several longstanding issues relating to the appropriation of a heritage asset to a charitable trust so that they could run this as a small visitor attraction. The previous owner had deceased some 50 years earlier, and whilst the family continued to run the site, the executors of the Will had failed to appropriate the asset to a charitable trust who could effectively run the attraction. Instead, the charity trust who operated the site did so without the legal right and also raised funds used to make repairs, again without the powers to do so. In addition, the charity that was operating the site did so under an outdated set of Memorandum and Articles of Association which made little reference to changes in charity law. I needed someone who could offer significant experience in charity law, alongside property law, as well as the personal ability to persuade, and negotiate, with members of the Trust who comprised direct family members and independent volunteer Trustees, many of whom struggled to comprehend fully the legal complexities of the situation. Throughout the lengthy process, Helen Harvie demonstrated a clear understanding of charity law, helping advise the Trustees on changes to the legal governance structure that were required and worked hard to ensure that the appropriation process was completed. At all times throughout the time, she demonstrated the need to protect the charity’s property and worked to ensure that the family and the wider Trustees understood their responsibilities in relation to the charity. For example, initially the owner - a member of the family - demanded that only part of the site was appropriated to the charitable trust as the buildings nearest to her property if used for certain purposes could impact adversely on her privacy. Helen reminded the Trustees of their responsibilities to the charity and suggested a number of ways to try and limit the impact on everyone involved. On another occasion, Helen worked alongside the Trustees to discuss widening the Trustee board to bring in new skills, and also to ensure that the family members could not use undue influence to encourage or prevent activity taking place that they felt would impact indirectly on them as they live adjacent to the site. Again, Helen’s main aim was to safeguard the charity both now and in the future. At all times in her contact and meetings with the Trustees, Helen was clear in her communications, patiently explaining the legal position effectively to those who didn’t necessarily have an extensive legal knowledge or background. She was also decisive in her decision making, explaining clearly the reasons why a certain action was recommended, and had a sense of authority backed up by extensive knowledge that gave the Trustees confidence in following her advice. I would recommend Helen to other charities and if necessary, I would not hesitate to bring her in again to provide legal advice on all aspects of charity law.

I would on behalf of the Trustees and Jan to say 'Thank you'. Personally I would like to thank you for all that you did for the Trust, set aside the fee structure, you were there for me. I recall chatting with you, about a problem, whilst you were travelling, safe of course! Recently how quick you were to agree to be at the end of the phone, just in case, I recall at 5 minutes notice, wow! Your patience and that kind smile and temperament guided us through some difficult times, but you were always with us. Thank you Helen, for being there for us and thank you for being Helen.

I have found her legal advice to be invaluable and her approach to working with and engaging the wider voluntary and charity sector exemplary. It is sometimes hard for organisations to afford and know how and when to engage solicitors and legal advisers especially those organisations that are smaller and rely wholly or heavily on volunteers. We have instructed Helen to be our main legal adviser as Community First. Her advice on issues including 3 mergers in last 6 years has enabled us to focus on our operational matters and ensures our governance is effective and follows best practice leading to successful outcomes with minimum of fuss.

I was recommended to Helen Harvie H3 solicitors in August 2017. I was, at that time, Chair of Worthing Scope, a charity working in the Worthing area to support adults and children with complex needs. Helen supported us throughout the whole process and was always available to advise the Board on the many and varied aspects of these negotiations. She attended, and advised at, all meetings with the senior staff of Guild Care and also the many consultation meetings with Worthing Scope members, staff, clients, parents and carers who, quite naturally, had serious concerns about the possible changes. Helen is able to explain complicated legal matters with clarity and our Board were at all times confident that we were being professionally guided through a very difficult period for our charity.

Helen has provided us with an exceptionally professional and high-end service for many years and tackled some challenging obstacles head on, with extremely successful outcomes. In doing so, Helen demonstrated a clear understanding of our needs as a registered charity and the sector in which we operate. Her services have been delivered in a comprehensive manner with accurate and timely communications. We have found her advice to be relevant to our specific needs and in all cases compliant with our statutory obligations. I have no doubt in her ability and I believe that her registration as an Interim Manager is entirely appropriate.

Helen has been advising the charity for the over 10 years. In that time, she has - dealt with the original incorporation of the charity and its change from a charitable association to a charitable company. This involved the change of name too from RAVS to VSNS and included change of the objects. On several occasions she has run training courses and then offered group discounts for dealing with certain types of charity, e.g. libraries converting into independent charities and the Befriending Scheme. She recently converted the charitable company into a CIO. In terms of training she has run various courses over the years, some of them pro bono. They included courses on charity law, charity structures, governance, GDPR and legal updates. She has run a couple of joint trainings with VSNS and VASWS - one was on the Charity Governance Code and another was on the legal aspects of finance for trustees. She has always acted with integrity and in a friendly and supportive manner and we have appreciated her services to strengthen the voluntary sector across Surrey.

I took over as Chairman and realised that I, and the other trustees, needed help and guidance to assist us in the effective management of the Trust. A trustee of another charity, which had obtained advice from H3 solicitors and, particularly, Helen Harvie, recommended I speak to Helen. This I did and, immediately it was clear Helen had all the experience of charity law and management this Trust needed. Over recent months, Helen has guided us through the removal of the former Chairman from the Trust and the appointment of a replacement trustee, and ensuring that the founding Trust Deed was in accordance with current legislation. At a meeting with all trustees she impressed with her knowledge of all charity matters, and her advice on how to overcome the problems created by the sudden departure of the former Chairman was invaluable. With Helen's advice, trustees decided the way forward was to form a Charitable Incorporated Organisation (CIO). Helen guided us through the complexities of the Trust's property portfolio and successfully registered the new CIO with the Charity Commission. I know I speak for all trustees when I say Helen's comprehensive knowledge of all things charity, coupled with a friendly manner and an ability to explain charity law in layman's language means it is a pleasure to work with her.