Some really sensible comment there and of course it only works in partnership. But it also demonstrates a little misunderstanding.
The status of a CivCom is that of an ‘excepted’ charity. That charity is not legally responsible to the ACO and is in fact responsible to the charity commission. The Charities Act makes it crystal clear that the only authority over a charity’s funds are its trustees. There have been several cases where the ACO have fallen foul of this and also have been criticised by the Charity Commission.
There can be no argument that a CivCom should be exercising any control over the squadron, that is not their role. Uniform volunteers and civilian volunteers come together over a common area which is the cadets. The staff/CO decides programme and the CivCom decide funding. With permission the cadets may raise charitable funds which are then held by the trust and are administered under charity law.
However, in the absence of better understanding and training, the simple fact is that there is a rub between these two elements which needs mutual respect. To the staff the cadets are cadets, to the CivCom the cadets have the legal status of beneficiaries. Being a uniform volunteer is a serious commitment (admittedly among the other priorities of life in general) . Being a CivCom trustee is similar, but has the added spice that your personal finances may be on the line if the trust fund runs into problems.
I am not trying to emphasise one over the other, just explain that there is no doubt over the ownership of the train-set - the CO decides who plays with it, how and when the CivCom trust owns it.
As I have written before in this thread, there is no authority for the ACO over the charitable aspects of the squadron and this is a matter of written record. So we come back to the need for better training on these areas and some full-frontal honesty from the organisation with both civilian and uniform volunteers as to exactly how it is. Instead, there are numerous issues and bad experiences and I have to say complete inconsistencies throughout the UK regions in the way the ACO operates in this area (e.g. Scotland where every CivCom has to formally register as a charity direct and not to the ACO). in just that situation, ACP-11 becomes almost irrelevant.
Not fronting up to this allows the ACO to operate in a manner whereby it can tackle arising problems as if they are one-offs and local issues. Fronting up would probably disenchant many COs and would probably damage some squadrons as CivCom trustees who didn’t understand their commitment would run a mile. (Though this might not be perceived as a bad things for some of the less active CivCom members )
So there isn’t really an incentive for the ACO to train people in these areas when
a) they are a bit boring
b) the majority of ACO officials do not understand them
c) to do so would limit problem solving and keeping a lid on things
d) the resulting knowledge would untrain the focus on cadet business
e) the ACO would actually be admitting it has no authority to uniform volunteers
f) to do so would reveal that the new ACP-11 introduced in the last 24 months has been done so unlawfully as the organisation cannot vary the CivCom charity constitution without the trustees of each squadron individually voting to accept (or reject) them - chaos!
Nevertheless, I sincerely believe that a better understanding of obligations, duties, roles and commitments that is closer to the actual legal position would strengthen the organisation and prevent alot of the conflicts that do develop between COs and over enthusiatic CivComs.