Foreword:

This is a broad document that does not seek to reflect the detail of practices within individual Camphill communities in Scotland but to provide an overview of the main commonalities across Camphill places in Scotland in their relationships with those who live and work in them.

Some terms used have a particular interpretation within the Camphill context and a glossary of those is included at the end of the document. The terms referred to are emboldened in the body of the text. The use of the term ‘co-worker’ differs among communities in Scotland but, for the purposes of this document, it is used in reference to unsalaried workers. Also for the purposes of this document, the term ‘co-worker’ is sub-divided into ‘vocational co-worker’ and ‘volunteer co-worker’ and ‘worker’ is the generic term used to encompass all who work in communities. These categorisations may vary across communities.

1. Introduction

The Camphill Movement, which was founded in 1940, works to create intentional communities in which vulnerable children, students and adults, many with learning and developmental disabilities, can live, work and grow with others in healthy social relationships. These are based on mutual care, respect and learning. The Camphill movement was inspired by Christian ideals as articulated by Rudolf Steiner and, whilst people of many different faiths live and work in Camphill places, it continues to be influenced mainly by Christian ideals. The movement is based on the acceptance of the spiritual uniqueness of each human being, regardless of ability, religious and racial background.

Camphill Communities endeavour to create a rich life and support context for vulnerable adults and children. In the course of their work, they establish extensive links to local facilities and initiatives, which gives each member of the community scope for meaningful work, personal expression and growth, while actively contributing also to the life of the Camphill community.

This document should best be read in conjunction with individual communities’ handbooks and similar documents, including their policies and procedures and, for employed workers, their individual contracts of employment.

Nothing in this document is intended to imply the existence of any contract of service or employment – express or implied – except in relation to employees, who have formally entered such contracts.  The contents of this document do not affect any worker’s statutory rights.

2. Management outline

All Camphill communities in Scotland are members of Camphill Scotland and the Association of Camphill Communities in Great Britain and Ireland. Each has its own legal identity and is a registered charity - or is part of Camphill Village Trust, which is a registered charity. Communities either own their property and lands or rent them from Trusts or other landlords. Their Councils of Management devolve day-to-day management responsibility to community management/co-ordinators groups, the composition of which varies across communities but normally consists of a number of workers appointed by the members of the community - some are unsalaried co-workers and others are salaried employees.

Much of the regulatory framework within which we operate is derived from Scottish care legislation and the inspection framework associated with the funding arrangements. Many parents or next of kin of the people in our care take a close interest in our community life. The Council members are ultimately responsible in law for the communities’ governance – including all legal, financial, health & safety and other policy matters. They have responsibilities, including statutory duties under the Charity and Trustee Investment (Scotland) Act 2005, to ensure that the Community is run with openness, integrity and honesty in all respects. Council members are recruited because of the individual experience and skills they can bring to the individual Community and are provided with induction training in their roles and responsibilities. They support the Community through giving freely of their expertise, commitment and time.

3. Camphill Community Members

People who choose to live and be cared for and educated in Camphill Communities do so either with the support of fees, normally paid by local authorities, or through Supporting People arrangements in the Camphill Villages. If they so wish, each adult or child in the care of a Camphill community enjoys his/her own private room, together with the Community’s shared spaces and facilities.

All communities are joined regularly by some volunteer co-workers who live and work there for 3-12 months. These are usually aged 19 to 25 years and often come from abroad. Volunteers participate in induction and foundation programmes and, during their stay, they receive reimbursement of ‘reasonable expenses’ at the discretion of each community’s management/co-ordinators group.

Unsalaried vocational co-workers, often with family, commit themselves in trust to a longer period of living and working in the communities. Most will either have spent their volunteer co-worker stage in a Scottish community or will have come here after gaining experience in a Camphill Community or equivalent setting elsewhere. As a guideline, two years’ experience and associated training in a Camphill Community or equivalent setting is the basis for qualifying as an unsalaried vocational co-worker.

Many communities are also home to a number of long-serving, retired, unsalaried Camphill co-workers. They may involve themselves in community life in a free and flexible way and are part of the communities’ economy. Their expenses are normally provided from community funds.

Salaried workers are also part of each community. Contracts of employment, employment law and other statutory regulations and policies influence strongly their relationship to the community.

The work of those members of the communities is often supported on a goodwill basis by local volunteers from the wider communities.

4. Legal status of unsalaried vocational co-workers

The legal and tax status of unsalaried vocational co-workers is unusual. Successive pieces of legislation in the fields of charity, tax and employment law, including the introduction of National Minimum Wage legislation, have created a need to clarify a number of ‘boundaries’ in the relationship of individual unsalaried co-workers to their communities, HM Revenue and Customs etc. A significant step in this direction was the legal Opinion given by Peter Trevett QC who concluded (1998) that

“A co-worker's "membership" of a Camphill Community is a relationship based on mutual trust and shared beliefs and not on the existence of any rights enforceable by a co-worker or by the Community of which the co-worker is a part. Benefits are not provided to a co-worker and members of his or her family under any agreement that the co-worker makes with a Community on becoming a member of it, but are provided informally by the Community based on its perception of the needs of that individual whilst living within the Community.”

and in conclusion:

“No co-worker has a contract of service or employment with a particular Community”

This ruling has deep implications on how a wide range of arrangements between unsalaried co-workers and their communities are shaped. Wherever benefits to co-workers and their families are involved, the principle of mutual trust and the power of discretion by the communities’ Councils of Management are paramount.

The Trevett Opinion subsequently led to HM Revenue and Customs agreeing an arrangement whereby unsalaried co-workers are considered to ‘carry out a vocation’ within the scope of Case II Schedule D and are regarded as self employed for National Insurance purposes. These arrangements have now been implemented in Scottish communities.

5. Life-sharing & community participation

Camphill Communities fulfil their objectives by promoting a life-sharing, supportive, community approach. This encompasses work, cultural activities and social participation and responsibilities as part of each individual’s personal aspirations and growth. The shared life in the houses provides a strong continuity of relationship and support. It is the aim in all communities to uphold the dignity of each individual; to help each person towards self-knowledge and self-confidence; to respect the needs and strivings of each community member and to uphold the image of the community as a whole. A balance is found for each person between the expression of his/her own needs, rights and wishes, and consideration of the needs, rights and wishes of other members of the community. Whilst each person’s individual values and spiritual orientation are respected, each Camphill community expects recognition of anthroposophy and the insights of Rudolf Steiner and Karl König as fundamental to its existence, life and creativity.

All members of each community are expected and encouraged to share responsibility for the physical, social and economic wellbeing of the community. Responsibility for specific tasks or areas of concern may be vested in an individual or group according to interest and ability. There is opportunity to share information and participate in planning, consultation and decision making, e.g. in house and community meetings that are attended by community members.

6. Accommodation

Each resident member of a community is provided with appropriate accommodation that is maintained to a good standard, and is warm and light. Every effort is made to provide accommodation that recognises the needs of the family. No tenancy rights may be acquired by anyone through living in any of the communities’ houses.

7. The Work

The primary work areas for all workers in a community are dictated by the objectives and responsibilities of the individual community. Core tasks and responsibilities are identified for each worker. These form an important basis for workers’ personal development, which is reviewed regularly through a process of supervision and review. Implicit in all core tasks is compliance with professional standards, policies and procedures. Many work commitments are bound by timetables but others may be carried out in a flexible way that calls for appropriate time management on the part of the worker. Details are worked out with the Management/Co-ordinators Group. All unsalaried co-workers are expected to participate in shared general house tasks which may include cooking meals, cleaning and laundry tasks, transport duties, minor maintenance tasks etc. There is a similar expectation of salaried workers as far as their contracts of employment and contractual tasks will permit.

A worker’s involvement in work outside of a community may be supported by the Community but needs first to be discussed and detailed arrangements agreed with the community. Income derived from external work will be retained by the individual or applied to the communities’ funds as agreed in each case. Normally, for unsalaried co-workers, such income will flow into community funds.

8. Personal Development

Personal development is viewed as being of paramount importance to all members of Scotland’s Camphill communities. For all workers, this entails both the enhancement and deepening of skills as well as the growth of more personal inner aspects and interests. Most communities have in place mentoring and peer review processes for all workers, whether salaried or not. The supervision, mentoring and review processes for each worker help to elucidate these and to provide the necessary time and resources.

Camphill communities benefit from the creativity and personal fulfilment of all their members. It is recognised that these qualities are intimately bound up with developing one’s personality on a deeper, personal level that may involve work, activities and study that are not related directly to the core tasks of the worker. Communities favour making it possible for workers to find appropriate and sufficient time that may be dedicated to these developments but the scope for this varies from community to community. Clear arrangements are agreed between the individual worker and his/her community.

Communities encourage co-workers to take up training opportunities (beyond initial induction and/or foundation programmes) that may lead to relevant national qualifications. Workers are also encouraged to participate in some of the substantial Camphill seminars, such as the Mental Health and Adult Communities Seminars. Again, such undertakings require to be agreed with the individual community.

A dominant influence on developmental activities in Scotland nowadays, particularly in the earlier years of membership of a community, is the statutory requirements as overseen by the Scottish Social Services Council (SSSC). A community could have its certification to continue in its current form withdrawn if such requirements were not met. Consequently, they attract a degree of priority over other developmental activities/courses, particularly where significant costs are involved in the latter.

9. Professional & statutory responsibilities, policies & procedures

All communities expect from all their workers, whether salaried or not, that their work and professional conduct is of a high standard. In the context of contractual arrangements with placing and funding bodies, communities have drawn up and implemented a range of policies and procedures, many of which are relevant to their daily work. It is very important to the continued existence of all communities that all workers familiarise themselves with these policies and comply at all times. Workers have a key role in keeping policies and procedures ‘alive’ and are expected to participate in their review and further development.

10. Personal time & holidays

Scottish communities operate no fixed scheme for free time and holidays for unsalaried co-workers. However, it is recognised that all workers need a reasonable amount of time each week as personal time. The amount of such time allowed to individuals will be influenced by workload and availability of other co-workers on any given day but communities strive to ensure that it is allocated as fairly and generously as possible. Experience also suggests that workers normally need about 4-5 weeks’ annual leave, some if not all of which will be spent away from the community. All arrangements are discussed and agreed with the individual community.

Salaried employees’ free time and holidays are governed by their individual contracts of employment.

11. Finances

Communities’ income is derived from fees, support grants and benefits of its residents, students or pupils, sale of produce, gifts and donations to the community, as well as income from external work and services of its co-workers.

The financial and other needs of unsalaried co-workers are met on a discretionary and mutual trust basis, insofar as they are perceived by the individual Community as appropriate and reasonable. Budgeting processes will reflect this and budgets are subject to Council of Management approval.

The financial and other private needs of employees are met through the payment of their wages and any other allowances in compliance with their contracts of employment.

All unsalaried co-workers are asked to register with HMRC for both tax and NI purposes and are required to submit self-assessment Tax Returns.

Scottish communities pay the NI contributions and any tax liability for their unsalaried co-workers that arise from their taxable expenses as co-workers. Tax liabilities arising from personal income, such as investment or property, are the responsibility of the individual co-worker. Community budgets provide for anticipated out-of-pocket expenses for unsalaried co-workers and personal expenses for them and their families. These personal expenses are taxable as ‘benefit in kind’.

A worker’s expenditure on behalf of his/her community needs to be authorised in advance, either as part of a responsibility area within an agreed budget or as a specific expense agreed by the community.

Communities may exercise their discretion to provide for unsalaried co-workers’ dependent children’s education costs. Such expenses are not taxable.

Communities provide personal liability insurance cover for all members of the community and house contents insurance cover for all residential members of the community.

Unsalaried co-workers joining a Community must make the community aware of any personal debts and other liabilities such as maintenance payments. At the discretion of Council, the community will endeavour to find satisfactory arrangements regarding such matters on a case-by-case basis.

Personal assets and benefits derived from these remain the affair and responsibility of the co-worker but it is helpful if such issues are addressed in an open way. The bringing of such assets into contact with communities’ life and economy is discouraged.

State benefits, such as child allowances and State pensions, remain the personal affairs of the co-worker.

12. Medical support & social support

The health and wellbeing of all community members is of paramount concern to all Scottish communities. They take all reasonable steps to ensure that workers have access to appropriate medical treatment in case of accident and illness and some will, at the discretion of Council, cover reasonable costs incurred but not necessarily for all categories of worker.

Communities occasionally encourage workers to take ‘time out’ for personal development and re-orientation. Any such support and its financial implications need to be discussed and clear arrangements made with the individual community. Decisions in this regard must be compatible with the objectives of the individual community and with the charity laws of Scotland.

The process of joining an individual Scottish community is guided by that community’s policies and procedures on recruitment. These require the taking up of confidential references, criminal background checks etc. The community may use its discretion to assist with relocation costs.

For employees, the contents of this paragraph are qualified by their individual contracts of employment.  However, as a general rule, unsalaried co-workers may choose to leave their community at any time and, unless a legal requirement has been breached, the co-worker in this situation has no rights against the community and, conversely, the community has no rights against the co-worker who chooses to leave. The community may wish to financially support unsalaried co-workers (including their families if applicable) in the transition to their next life situations. Any such arrangements are entirely at the discretion of the community and need to be within the constraints of charity law and the community’s finances.

Unsalaried members of Scottish communities have access to a ‘Social Fund’, out of which unusual medical and social needs may be met on a discretionary basis.

Communities sometimes make discretionary contributions to workers’ old age provision within a policy drawn up and agreed by their Councils of Management. For salaried co-workers, this is governed by their individual contracts of employment.

13. Workers’ Concerns

Even with the best intentions of all who live and/or work in Scottish Camphill communities, there will be situations where someone may wish to voice a concern regarding the conduct or actions of a fellow worker. Individual communities have their own procedures for all such situations and it is important that all workers joining a community make themselves aware of what these are. Most concerns can be resolved by raising the issues in direct conversation with the other worker but allegations against a fellow worker of abuse cannot. These must always be dealt with more formally in accord with the individual community’s procedures.

GLOSSARY

Intentional Community -- An intentional community is one whose members have been drawn together by a common desire [or ‘intention’] to adopt a shared way of life. This compares with the perhaps more familiar type of community where people come together in a random way, perhaps drawn together by economic or aesthetic factors, separate from any specific common intention.

Vocational co-worker -- An individual who has made a commitment to be part of the community for a substantial period and whose financial and other support needs are met on a discretionary and mutual trust basis, insofar as they are perceived by the Community to be appropriate and reasonable.

Volunteer co-worker -- An individual who joins a community as a residential volunteer for a shorter period of time and who receives just reimbursement of ‘reasonable expenses’ at the discretion of the community’s Management Group.

Local volunteers -- People who live locally (but not usually within the Camphill community) and choose on a goodwill basis to contribute some time to the work of the Camphill community.

Worker -- The generic term covering all people working in a community, be they vocational co-workers, volunteer co-workers, local volunteers or employees.

Shared life -- Normally, within Camphill, associated with the sharing a community relationship. It is typified by those being cared for sharing an extended family relationship with the co-workers caring for them. Traditionally, the co-workers would live in the ‘family’ house day and night on a long-term basis. However, this is not always so now, when some co-workers do not live in the house for all of every day or night. Nonetheless, the striving remains to live in family with those being cared for.

Anthroposophy -- Anthroposophy involves viewing people in a holistic way as physical, mental and spiritual beings. It embraces knowledge and practices based on the insights of Rudolf Steiner, who sought to demonstrate the connections between the spiritual and earthly worlds. In Camphill, anthroposophy highlights the unique and eternal aspects of each individual and encourages people to treat each other with respect, promoting everyone’s full potential.