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Forcing a divorce.

Forcing a divorce.

Postby Hairyloon » Sun Aug 13, 2017 10:22 am

An organisation suffers from a division within its membership and its board of directors. They do their best to hide that division from the public, but it begins to cause significant detriment, particularly to the service users, who cannot easily transfer to another organisation.

Arguably the best solution for everybody would be for the organisation to divide into two, in order that both halves can most effectively pursue their agenda, but the board has its head in the sand over it.

Is there any mechanism by which the service users can try to force the issue?
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Re: Forcing a divorce.

Postby Smouldering Stoat » Sun Aug 13, 2017 11:19 am

No.
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Re: Forcing a divorce.

Postby dls » Mon Aug 14, 2017 8:15 am

It does of course depend on the constitution of organisation and the status of those 'service users' within that constitution.
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Re: Forcing a divorce.

Postby tph » Sat Aug 19, 2017 6:19 pm

Can the service users setup their own alternative organisation?
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Re: Forcing a divorce.

Postby Hairyloon » Sat Aug 19, 2017 7:19 pm

tph wrote:Can the service users setup their own alternative organisation?

Not easily.
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Re: Forcing a divorce.

Postby dls » Mon Aug 21, 2017 4:50 am

In essence 'service user' means nothing in company law, unless given special status by the organisation's constitution.
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Re: Forcing a divorce.

Postby atticus » Mon Aug 21, 2017 7:11 am

Customers may be able to take their business elsewhere.
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Re: Forcing a divorce.

Postby Hairyloon » Mon Aug 21, 2017 9:31 am

dls wrote:In essence 'service user' means nothing in company law, unless given special status by the organisation's constitution.

They may be people to whom the organisation owes a duty of care, so could (for example) give rise to negligence claims
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Re: Forcing a divorce.

Postby atticus » Mon Aug 21, 2017 12:00 pm

The law provides remedies for negligence, if the breach of a duty of care leads to danage.
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Re: Forcing a divorce.

Postby dls » Mon Aug 21, 2017 1:33 pm

and having a possible claim for damages gives no direct right to interfere in teh management of the company.
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