Charity Finance: Bates Wells partners write on new SIR guidance

Rosamund McCarthy, Partner in our Charity & Social Enterprise team, and Lucy McLynn, Head of Employment, have written for the latest issue of Charity Finance on the Charity Commission’s revised serious incident reporting (SIR) guidance.

The article sets out the headline changes that the Charity Commission announced on 17 October, as well as how a serious incident is now defined by the regulator. Both authors also explain how they believe that uncertainty is still a problem for many charities, especially with regards to what they need to report in relation to work-placed incidents.

The article concludes by stating that “a basic principle of the rule of law is that if you are subject to the law you should know with certainty how it will apply to you. Asking charities to make a ‘judgement call’ about reporting means that charities continue to lack certainty about how the regime applies to them. It also risks the continuing underuse as well as overuse of SIRs”.

If you’d like to read the rest of this article, click here to access the December issue of Charity Finance (please note that this piece is behind a paywall).

This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.

All content on this page is correct as of December 6, 2018.