Bates Wells Charity & Social Enterprise Briefing | 29 October

Bates Wells highlights

A must read for all trustees – the Charity Commission has updated its guidance “Safeguarding and protecting people for charities and trustees”.  

At a glance

The Department for Education has updated its statutory policies for schools and academy trusts.

A new National Academy for Social Prescribing is being set up.

The UK government has published the 2019 Annual Report on Modern Slavery.

Charity Commission

Updated Safeguarding guidance

Last week, the Charity Commission updated its guidance “Safeguarding and protecting people for charities and trustees”. The updated guidance continues to emphasise that safeguarding responsibilities and protecting people must be a governance priority for all charities, with trustees having clear oversight and monitoring mechanisms in place. Charities’ policies and procedures must be responsive to change in order to ensure that they are fit for practice, and reviewed regularly. A number of changes have been made, and it now recommends some key sources to charities to use as guidance for best practice in the sector: NCVO’s safeguarding resource and Bond’s ‘Good governance for safeguarding’. We at Bates Wells are delighted to have been involved in the preparation of these key resources, as now adopted and recommended by the Charity Commission which we hope will continue to assist those in the sector with vital assistance in navigating what is a crucially important area, but one that can be challenging and confusing. For more see this Briefing

Fraud and cybercrime

The Commission has:

New inquiry

The Commission has opened an inquiry into Kinson Community Association (215169) due to concerns of mismanagement and/or misconduct at the charity. The community centre is set up to promote spiritual, mental, physical and social development of the Kinson community in Bournemouth.


New Philanthropy Capital has published a new ten step handbook on creating a theory of change.



The Office for Civil Society has released a newsletter on Getting Ready for Brexit, summarising the information released by the Government, to ensure that the charity sector has access to all of the information that the Government has made available. The newsletter covers data protection, settled status, EU funding and Erasmus.

NCVO also has some updates on EU funding post-Brexit in this blogpost, explaining the risks of a no-deal Brexit on ESF funding, and reporting that the Asylum Migration and Integration fund will not be covered by the government’s guarantee for some EU funding.

Health and Social Care

The Department of Health and Social Care has provided a list of medicines that can’t be parallel exported from the UK. Parallel exporting is when companies buy medicines intended for UK patients and then instead sell them on for a higher price in another country. This can potentially cause or aggravate supply problems in the UK. To parallel export the medicines on the list is considered a breach of regulation 43(2) of the Human Medicines Regulations 2012, SI 2012/1916. It will also be noted as a contravention of the wholesale dealer licence and subsequently may lead to regulatory action by the Medicines and Healthcare products Regulatory Agency. This could see the immediate suspension of wholesale dealer licences.

Data protection

In case you missed it earlier this month, Bates Wells’ Alex Jameson has published a briefing on the implications of a no deal Brexit on Data Privacy law.

Intellectual Property

The Intellectual Property Office has published:

  • a revised guidance note dated 17 October 2019 entitled “Changes to trade mark law after Brexit” that explains how the law will change if there is a no-deal Brexit.
  • guidance on the exhaustion of intellectual property rights and parallel trade after Brexit.


The House of Commons Library has published a guide to Progress of the EU settlement scheme so far: EU Settlement Scheme (EUSS) created two new statuses for EU, EEA and Swiss nationals living in the UK. These are Settled Status and Pre-Settled Status. This guide examines the existing data regarding applications under the scheme.

Access to finance

The government has announced 17 banks and alternative lenders have reaffirmed their pledge to support small and medium sized businesses (SMEs) with concrete commitments under the new SME Finance Charter.



The Department for Education has:

A report of the Parliamentary Education committee report on special educational needs (SEND) has been published thisweek.

Higher education

The Equality and Human Rights Commission has published an inquiry report Tackling racial harassment: universities challenged. The EHRC says the report has revealed that with racial harassment occurring at an alarmingly high rate across British universities, many Higher Education Institutions are not only unaware of the scale of the issue but are overconfident in their ability to handle it. See more here.

Care leavers

Last week Education Secretary Gavin Williamson announced new cross-government support available to young people leaving the care system, alongside £19 million of investment into programmes that directly benefit care leavers. The new funding includes £10 million to create stable homes for care leavers as they become adults; £6 million to support young people leaving care to live independently and £3 million to help care leavers go into further education. Alongside this, the Education Secretary has committed to delivering 1,000 internships for care leavers over the next two years.

Youth services

Youth projects across the country are to receive £12 million additional funding. This includes:

  • up to £7 million for a Youth Accelerator Fund that will “expand existing successful projects, and address urgent needs in the youth sector by delivering extra sessions in youth clubs, and promoting positive activities in sport and the arts to help young people develop skills and contribute to their communities.  Young people will play a key role in decisions over funding allocation by working directly with policy makers to ensure activities properly meet their needs”.
  • A further £5 million invested in the #iwill Fund to encourage 10 to 20 year olds to take part in social action such as volunteering in their communities, by funding groups delivering these programmes.

Health and social care

The government has announced suicide bereavement support is to be made available across England.  

A new National Academy for Social Prescribing is being set up. It has been developed in partnership across government, with Sport England, Arts Council England and a range of voluntary sector partners. It will work to:

  • standardise the quality and range of social prescribing available to patients across the country 
  • increase awareness of the benefits of social prescribing by building and promoting the evidence base 
  • develop and share best practice, as well as looking at new models and sources for funding 
  • bring together all partners from health, housing and local government with arts, culture and sporting organisations to maximise the role of social prescribing 
  • focus on developing training and accreditation across sectors.

13 trusts will receive loan funding approved by the Health Secretary to go towards modernising equipment, refurbishing wards and ensuring the safety of NHS buildings.

A £34 million government investment is underpinning a new project to develop robots capable of providing support for Britons and make caring responsibilities easier.

Social finance

Access’s take on the cost of capital in social investment. As a response to the debate about the cost of capital in social investment started by Richard Litchfield, Seb Elsworth explains a bit more about the role of the Access Growth Fund alongside Big Society Capital’s capital in the Growth Fund.

The investee who changed me: “That lunch turned an idea into reality” Robert Manz, co-founder and board member of the Valores venture philanthropy fund, shares his personal stories of the investees who have changed his thinking about social enterprises.

Untold Banking #4: Four lessons from the frontline. In this next instalment of Untold Banking, Melanie Mills from Big Society Capital shares four lessons on social impact investing she has learned in her 10 years in the sector.

Capitalism in crisis? Transforming our economy for people and planet. This new report from Social Enterprise UK reviews the current state of the social enterprise sector in the UK and make recommendations to support the sector’s development, including some commentary on the funding and financing of social enterprises.


£1.35 million funding has been announced to create new pocket parks or revive rundown green spaces.   

Climate change

The Financial Reporting Council’s Financial Reporting Lab has published a report on the development of climate-related corporate reporting. The report found that although reporting on climate change is evolving and investors’ expectations are changing rapidly, there is still a gap between those expectations and current reporting practice, both in the quality and detail of information provided. To bridge that gap, the report recommends that companies should apply the principles in the Task Force on Climate-related Financial Disclosures (TCFD) framework when thinking about and reporting on climate change.

Culture and creative

See second item under Health and Social care above.

£19m funding for the museums sector has been announced.  DCMS says “The new programme could eventually see art and culture made fully accessible to everyone, with digitisation of cultural collections allowing people across the country to enjoy Britain’s national collections from the comfort of their own home”.

DCMS reports its sponsored museums and galleries had a record breaking 50 million visits last year.  


10 counties are to share £700,000 funding to help identify areas and buildings which need protecting.  


See under Youth Services above, and second item under Health and Social care.


NCVO has published its response to the Government consultation on Sexual Harassment in the Workplace which closed earlier this month.  

Modern slavery

The UK government has published the 2019 UK Annual Report on Modern Slavery. The report provides data on how the UK is responding to the challenge of modern slavery as well as information on the processes it has adopted in meeting this challenge.

Accounting and corporate reporting

See under Climate change above. 

The SORP making body has published an information sheet on how charitable companies must implement changes to company reporting introduced by The Companies (Miscellaneous Reporting) Regulations 2018 and UK Company Charities”.  Civil Society Media  summarises the changes here.

The Department for Business, Energy & Industrial Strategy (BEIS) has published a report following research into how the non-financial reporting regime in the UK is perceived.  

Disclaimer – The information contained in this update is not intended to be a comprehensive update – it is our selection of the website announcements which we think will be of interest to charities and social enterprises. The content is necessarily of a general nature – specific advice should always be sought for specific situations.

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 October 29, 2019.