Charity Commission investigations

We’ve acted on some of the most significant Charity Commission investigations, inquiries and regulatory compliance cases of the past decade.

Charity Commission investigations can be prompted in many ways; for example, complaints to the Commission, publicity in the press and elsewhere, whistleblowing, and the submission of serious incident reports by the charity. However they arise, and however successful the outcome, they are stressful for all involved in the charity and are often resource-intensive.

We will support you in every step from the first indication of possible regulatory engagement. Steps taken at this stage often set the path for the course of the future engagement by the Charity Commission.  We use our experience to give you as much clarity as possible at the outset about the types of action the Charity Commission might take, and to guide you towards achieving the best possible outcomes.  Appropriate responses can range from co-operation through to challenge.  Often the outcome will be the Charity Commission being satisfied with the trustees’ initial response.

Many of the investigations we work on are multi-faceted and can involve several regulators simultaneously. We are well used to handling the different demands of these regulators and advising on the impact of one regulator’s concerns and actions on other regulators.

Cases we’ve advised on include the statutory inquiries into the closure of Kids Company, the management of safeguarding matters by a major overseas aid agency, and regulatory compliance by a well-known provider of social care.

How we help

We will:

  • Guide your staff/trustees on the governance requirements for managing the investigation.
  • Advise you on the powers of the Charity Commission and how best to respond to their exercise.
  • Guide you on gathering information and documents requested in a Charity Commission investigation and advising on any related confidentiality and data privacy, freedom of information and legal privilege issues.
  • Advise on conflicts of interest and identify any needs for separate representation.
  • Work with you to prepare a response to the Charity Commission’s enquiries.
  • Advise on whether and how any other aspects of the charity’s activities might come under scrutiny and how to prepare for that.
  • Support you in preparing for meetings and interviews with the Charity Commission, including conducting mock interviews where appropriate.
  • Advise you on managing internal and external communications and publicity, working with other advisors.
  • Assist you with the implementation of a Charity Commission action plan or other regulatory advice and guidance, including by undertaking independent reviews into governance, safeguarding or other issues which have arisen.
  • Negotiate the terms of any action plan and any Charity Commission report or other public statement.
  • Advise whether a Charity Commission decision or order is challengeable and assist with this process.
  • Advise on any risk of individual liability, including any risk of Charity Commission disqualification orders, and on how such risk can be mitigated or any orders challenged.
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Meet our team