WILL THE PAUL CUNNINGHAM NURSES FIASCO;MEAN ALL CHARITY SHOPS WILL CLOSE DOWN

Alan

I know for first hand than all registered charities should have a log book handed over to you by your solicitor for all members past and present. This should contain, NIE / Passport number, ect ect. This has to be done correct, also, the committee should be registered with the Madrid / Valencian Generialt ( not sure on spelling )
I don't believe that is the problem. I think, the fact there are paying Nurses, and volunteers with the charity, i think someone on the government side have got the wires crossed and made a huge mistake but it domes not seem they are backing down. I think the local government have got it seriously wrong and need to withdraw all complaints against PCN.
I hope they make it through because PCN off a huge service to terminally people out here and to lose them would be devastating to the local community and surrounding areas

Expat-run charity Paul Cunningham Nurses is reeling this week after a fine from the Hacienda has left it facing possible closure when the tax authority levied a €12,000 fine. Last year the shop in La Marina was visited by a Social Security Officer. She spoke to the volunteers who man the shop and demanded information such as NIE and social security numbers. The volunteers were elderly ladies who spoke little Spanish and so they called the charity’s accountant who spoke to the official on the phone. It was explained over the phone that the ladies did not have contracts or social security numbers because they were volunteers and not paid employees. The official was told of PCN’s charitable status and given the relevant registration numbers. She was even shown the ‘B’ number on the plaque outside the door; but was not impressed. The ladies said at the time that the official seemed to have no concept of voluntary work and was set in the belief that this was an infringement of human rights and that the ladies were being exploited. She demanded that the charity produce all its paperwork for inspection at the Social Security offices and wrote a fine for €6,000 and would not discuss the issue further. Charity founder Jennifer Cunningham established Paul Cunningham Nurses following the death of her son Paul to cancer. The charity provides free palliative care for the terminally ill in the same way as the McMillan Nurses do in the UK. Jennifer was incensed at the blasé and unfair nature of the fine; many Spanish and expat charities rely on a network of volunteers and so to claim this is wrong or even illegal was ludicrous. Jennifer and her solicitor produced all the paperwork which they knew to be in order and that should have been the end of the matter. Instead Paul Cunningham Nurse was issued with a fine of €10,000 for obstructing an official. Jennifer said: “I couldn’t believe it. The ladies manning the shop that day spoke little Spanish and as volunteers were unable to answer questions on the structure or workings of PCN and should not be expected to – they were not being obstructive, they just did not have the answers. This was explained but made no difference.” Jennifer appealed the fine twice and the issue appeared to be resolved until last week. This time it was a decree from the Hacienda which arrived by registered letter, which stated that the charity has three weeks to pay the fine, which now stands at €12,000 due to interest that has been added. If this is not done then the charity’s bank accounts will be embargoed and all funds seized until the €12,000 fine is met. This will effectively shut down the charity as it will not be able to function.

Jennifer said: “I think it is an outrageous way to treat any charity, especially one which supports the Spanish health service which is severely lacking in this area. We provide a much-need community service and are of benefit to hundreds of people. If they enforce that fine then the charity will be forced to close and the consequences will be terrible. Money people have donated will be seized by the government. The terminally ill will be left without help or support and it then opens the door to levy huge fines against all charities that have volunteers.”

This new development has possible disastrous implications for all charities Spanish and expat that have a similar structure. Many charities have a volunteer network; Help at Home, HELP, DEBRA, APAH, AFA, Easy Horse Care Rescue Centre and the AECC these all rely on voluntary work, will they be next to be targeted? Also, what is acceptable for a volunteer to do without having to be on contract? For example; can they visit people, fundraise, book appointments, act as drivers or is it just working in a shop or office that constitutes ‘work’ in the eyes of the Hacienda.



Stand united

Unsurprisingly the charity community is in uproar and is concerned that the Spanish government is simply looking to boost its coffers and is not looking at the consequences or havoc that this policy could wreak in local communities if all the charities are forced to close because they cannot afford to pay people to do the jobs of the volunteers or worse still have to divert money from care and research into pay packets.

Luckily, Jennifer Cunningham is not about to see her son’s memorial charity, and possibly many others, be destroyed by what she terms as ‘petty Spanish bureaucracy’. She wants to fight it every step of the way and is asking the people, charities and businesses to help with a ‘fighting fund’.

Jennifer said: “If necessary I am prepared to take this to the European Court of Human Rights, if this third appeal fails. If people want to volunteer their time and expertise free of charge, then they can do so and charities should be able to reap the benefits. Surely to tell them they can’t is an infringement of their rights.

“I need to find an excellent specialist lawyer who would be willing to offer their services to the charity at a reasonable rate. I have to be very careful with costs as paying thousands in legal fees would defeat the object.”

The first thing the charity needs urgently are helpers and campaign co-ordinators to manage the fundraising. It is also looking for bars and restaurants to house the fighting fund tins, put up posters or even hold events. Anyone wishing to help Paul Cunningham Nurses with this battle and save the charity from closure or make a donation can email [email protected] or phone Claire at the Playa Flamenca Office on 965 326 209 or pop in at Playa Flamenca Commercial Centre. Tins, posters and petition sheets are available at all Jennifer Cunningham offices and PCN charity shops.

Surely this should be brought to the attention Of the king of Spain. This is too serious to try and resolve without him. I don't believe going down the legal route is the answer. Appeal to him. Why can't we send an envoy, I'll gladly contrinbute to this.
Get our councillor on the case. This is ridiculous, and wrong. Charity works for the Spanish people as well as the rest of us. This can't be allowed to be goverened by local authorities. Go to the top, ask him to give an answer

I also wonder if this problem will spread to our Local Police, If I remember correctly, didnt the Council instigate, a group of UNPAID part time police, who will be used as and when necessary. I should think some of these have no Nat. Ins. as they may well be unemployed, so are our Local Council, likely to be fined,for some offence or other.,

I think that will only involve "Paul Cunningham Nurse" as I have been told by a neigbour that had reason to use these nurses that the Hacienda are concerned that the "charity"and Jeniffer Cunninghams other companies are too tightly intertwined.