On February 6, 2025, the First-tier Tribunal (General Regulatory Chamber) delivered a significant ruling in the case of Mond v The Charity Commission for England and Wales [2025] UKFTT 103 (GRC). This case revolved around the disqualification of Mr. Gary Mond from serving as a trustee or holding senior management positions in charities, following a Charity Commission order that deemed his past social media activity damaging to public trust in charities. The Tribunal ultimately quashed the disqualification order, marking a notable moment in the intersection of freedom of expression and charity governance.
Background of the case
Mr. Gary Mond, a longstanding trustee of several charities with a focus on Jewish community interests, faced scrutiny from the Charity Commission due to past social media comments and interactions. The Commission determined that his Facebook posts and “likes”—some of which were interpreted as Islamophobic—were likely to harm public trust in the charitable sector. Relying on Section 181A of the Charities Act 2011, the Commission issued an order on April 18, 2024, disqualifying him from holding any trustee position for two and a half years.
In response, Mr. Mond appealed the decision, arguing that his posts were taken out of context, that they did not impact the charities he was associated with, and that the disqualification order unjustifiably infringed on his Article 10 rights under the European Convention on Human Rights (ECHR).
The key legal issues
The Tribunal examined several crucial legal questions, including:
- Was Mr. Mond’s past conduct damaging to public trust and confidence in charities?
- Did his social media activity make him unfit to be a charity trustee?
- Was the Charity Commission’s disqualification order proportionate and necessary in the public interest?
- Did the order violate Mr. Mond’s right to freedom of expression under Article 10 of the ECHR?
Tribunal’s findings and decision
After a thorough review, the Tribunal ruled in favour of Mr. Mond, concluding that:
- While his 2014 and 2016 Facebook posts were problematic and could be interpreted as Islamophobic, they were isolated incidents over a seven-year period.
- His “likes” on controversial posts in 2017 were not inherently offensive and did not necessarily indicate an endorsement of all views held by the individuals who made them.
- There was no clear evidence that his conduct had materially damaged public trust in charities or affected his ability to fulfil his trustee duties.
- The disqualification order was disproportionate, as Mr. Mond had already resigned from his trustee positions and publicly addressed the controversy.
- Freedom of expression protections under Article 10 of the ECHR were relevant, as the Tribunal emphasised that the right to express political and personal opinions—even if controversial—must be carefully balanced against regulatory concerns.
Implications of the ruling
This decision sets a precedent for how regulatory bodies like the Charity Commission assess public trust concerns in the digital age. The ruling reinforces that:
- Social media activity must be assessed in context, and past statements should not automatically disqualify individuals from trustee roles.
- Proportionality is key—regulatory actions must be justified by concrete evidence of harm rather than theoretical reputational risks.
- Freedom of expression considerations are crucial, particularly in cases involving personal opinions on social and political issues.
Comment
The case of Mond v The Charity Commission highlights the delicate balance between protecting public trust in charities and upholding fundamental rights like freedom of expression. While charity trustees are held to high standards, this ruling suggests that regulatory intervention must be measured, evidence-based, and proportionate. As the digital landscape evolves, this decision will likely influence future cases concerning the intersection of online speech and charity governance.
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