This statement is made to ensure a balanced and fully informed approach to decisions taken.
The unanimous decision by Trustees to terminate the Hire Contract (in accordance with the mutually signed and agreed Hire Contract Terms) with the Mudeford Wood Pre-School, which is a hirer of part of the premises of the Mudeford Wood Community Centre, was not taken lightly. It followed a number of years of this Hirer continually breaching statutory fire and health and safety regulations, their Hirer’s contractual Terms and Conditions of Hire and associated legal agreements. The Hirer has been given many documented verbal and written warnings about the consequences of non-compliance following significant effort and measures being taken by this Trust and the Local Authority to help them comply.
It is of important note that MWCT Trustees have a legal obligation to ensure compliance for the safety and well-being of all Hirers of the Mudeford Wood Community Centre that has been managed by local community volunteers since the lease and day-to-day operational management responsibility was assigned to MWCT. This has been undertaken in a spirit of successful co-operation with the Local Authority as Landlord of the Centre. In addition to other investment in facilities, the Trust has funded maintenance and other work at the Centre, often strictly the Landlord’s responsibility, but undertaken to improve the Centre’s facilities for all Hirers and recognising Local Authority budget constraints.
Unfortunately, claims made by the Hirer are not supported by the documented evidence. The Pre-school is only present during weekdays during term-times meaning that there are significant periods during evenings, weekends and at other times when the areas they use are hired by others. This demonstrates that the Trust seeks to offer the Centre's facilities to the Community in line with our charitable object.
The Business Case for the DfE grant was produced and submitted by MWCT volunteers having sought input from the Playgroup about their needs and the local authority for planning guidance and approval. The Trust provided matched funding, to that awarded by the DfE, from other grants and its reserves to develop the area the Pre-school and other Hirers use. Financial records provide the necessary evidence of this. The Trust is fully aware of the educational purpose intended for the bespoke area it developed and has every intention of allowing that to continue with a new hirer. Indeed, the Trust intends to enable provision of a superior service to that currently provided with a 52 week wrap around facility.
The Local Authorities (Christchurch Borough Council and Dorset County Council initially and Bournemouth, Christchurch and Poole Council latterly) have been kept fully informed of the situation with the existing Hirer as it has developed over a number of years. Indeed, representatives of these authorities have had direct involvement in attempting to help the Hirer to understand the importance of abiding by their contractual obligations but, sadly, to no avail. Local Councillors have also been fully involved. The Pre-school's behaviour, its impact upon all Centre hirers and their users, plus their refusal to comply with the law and their legally enforceable obligations put the Centre in jeopardy and at risk of immediate closure by the statutory authorities. This would impact everyone that hires or uses the Centre and could no longer be tolerated.
It is important everyone has the full facts behind this Trust’s decision that is supported by documented evidence. The Trust has formally resolved that its decision to terminate this Hire Contract is not negotiable and irrevocable. The Pre-school has been aware of the consequence of its non-compliance as indicated above over several years. They have consistently abused our trust (which included their request for us to use sensitivity and discretion about promulgation of our decision) and the Centre's facilities. Their attitude of entitlement and mis-representation of facts has been unhelpful.
On behalf of Mudeford Wood Community Trust
8th November 2024
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