Navigating the new normal

Serious Incident Reporting by charities: Mindy Jhittay speaks to Thomson Reuters Practical Law

All content on this page is correct as of May 1, 2020

In the second of two video interviews with Thomson Reuters, Mindy Jhittay give practical tips on how charities can meet the requirement to report serious incidents.

Charities are facing significant challenges in response to COVID-19 and the associated government restrictions. The Commission’s guidance is that:

“It is ultimately the responsibility of the charity trustees to continue to report serious incidents using our current guidelines, and we will continue to ask trustees to use their judgement in deciding whether an incident is significant in the context of their charity and should be reported to us.

We will continue to prioritise those incidents that place individuals at risk, or incidents that have had a significant impact on a charity’s operations and therefore serious harm to the charity’s work.”

This includes significant financial loss or impact on a charity’s work, service users or beneficiaries, whether actual or anticipated in present circumstances.

Whilst this video was recorded prior to recent events, it provides a useful summary of practical matters to consider when reporting serious incidents. Mindy gives an example of a serious incident in the #metoo era, explains the potential consequences for trustees if they don’t comply with the Commission and discusses the purpose of the regime and what trustees should consider when reporting. She also considers whether reports should be anonymised and other regulators to whom to report.

The video is available to view for free for the next seven days and can be accessed here. If you have any questions about reporting serious incidents, please contact Mindy using the contact details above.

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 May 1, 2020.

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