The Charity Commission has opened a regulatory compliance case into The Captain Tom Foundation, but at present, there have been no confirmed findings of wrongdoing. However, the ongoing media interest of the Charity and the legacy created by the late Tom Moore is under threat of being tainted by the poor decisions of others.
What is the Charity Commission?
The Charity Commission register and regulate charities in England and Wales, to ensure that the public can support charities with confidence.
Each year a registered charity must file accounts with the Charity Commission. These accounts provide an overview of the year’s activities and show that the Charity has been a benefit to the public of the Charity’s work and also show how their money was used.
This is a public register that allows anyone to search a registered charity and review their accounts.
Reviewing the accounts of The Captain Tom Foundation
The Charity Commission, when reviewing filed accounts, can consider raising questions to the Trustees over the areas they deem as being a concern.
Charity Trustees have overall control of a charity and are responsible for making sure the charity is fulfilling its objectives. The main duties of a Trustee are:
- Ensuring the charity is carrying out its purposes for the public benefit
- Complying with the charity’s governing document and the law
- Acting in your charity’s best interest
- Managing your charity’s resources responsibly
- Acting with reasonable care and skill
- Ensuring your charity is accountable
The first year’s accounts show that The Captain Tom Foundation paid out four grants worth £40,000 (£160,000 in total) but spent more than £209,433 on support costs, including £162,366 on management costs.
These management costs are broken down more within the accounts but also show payments made to companies linked to the Trustees and their family members.
According to the published accounts, the total income for the Charity totalled just over one million pounds, so the questions to the Charity Trustees may dig deeper into why the public didn’t benefit more and there is a conflict of interest in some of the payments made.
Making decisions as charity Trustees
If you are a charity Trustee or considering volunteering for a role, it is really important you have a clear understanding of your decision making authority, and the steps taken include:
- Acting within your powers
- Acting in good faith, and only in the interests of your charity
- Make sure you are sufficiently informed, taking any advice you need
- Take account of all relevant factors you are aware of
- Ignore any irrelevant factors
- Deal with conflicts of interest and loyalty
- Make decisions that are within the range of decisions that a reasonable Trustee body could make in the circumstances
Published guidance to Trustees is readily available on this topic via the Government website here.
How can Nelsons help?
Gemma Hopper is an Associate and Solicitor in our expert Court of Protection team.
At Nelsons, we are able to assist in advising charities on their obligations generally, and also specifically in these areas.
For further information on charity Trustees or any related subjects, please contact either Gemma or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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