Back
Get in Touch Menu

Tougher regulation for charity trustees

10 May 2019

The Charity Commission’s new legal powers were introduced in the Charities (Protection and Social Investment) Act 2016.

They include the power to issue an ‘official warning’ to charities and/or trustees, the ability to disqualify a person from serving as a charity trustee or senior manager of a charity and the power to direct that charity property is used in a certain way.

A recent report published by the Charity Commission confirms that these expanded legal powers have been used on 137 occasions since the implementation of the act, demonstrating its tougher approach to regulation.

For example, the Commission has recently issued an official warning to a trustee of Expectations (UK) due to a breach of trust and legal duties. The Head of Regulatory Compliance emphasised: “Charity trustees should at all times consider the needs of their beneficiaries and be driven by their charitable purpose and mission in everything they do”.

It is now more important than ever that trustees comply with their legal duties, including:

  • ensuring the charity is carrying out its purposes for the public benefit;
  • complying with the charity’s governing document and the law;
  • acting in the best interests of the charity;
  • managing the charity’s resources responsibly;
  • acting with reasonable care and skill; and
  • ensuring the charity is accountable.

The Charity Commission’s guidance, ‘The essential trustee’, explains what trustees should be doing to comply with these legal duties, such as taking advice when needed, asking challenging questions about information at trustee meetings and avoiding conflicts of interest or conflicts of duty.

Charlotte specialises in advising charity and not-for-profit clients on various commercial property matters, as well as other charity law matters, such as helping charities comply with their regulatory requirements. For advice on trustees’ legal duties and related issues, please get in touch.

Email

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Charlotte Cowdell BA (Hons), LLB
Senior associate, solicitor
View profile
Charlotte Brundson
Share this article
Resources to help

Related articles

Neurodiversity in the workplace: challenges strengths and legal considerations for employers

Employment & business immigration

Neurodiversity celebration week, the worldwide initiative to celebrate individuals with neurological differences, takes place from 17 – 23 March 2025. This includes those diagnosed with conditions such as autism, ADHD,…

Hifsa O'Kelly LLB (Hons)
Senior associate, solicitor

Webinar: Neurodiversity at work: challenges, strengths & legal considerations

Employment & business immigration

Studies show that around 15 – 20% of the UK population is ‘neurodivergent’, meaning they have a neurological difference. Highly creative and innovative thinking are some of the unique strengths…

Willans
Solicitors

Updates to the Renters’ Rights Bill: what do they mean for tenants and landlords?

Litigation & dispute resolution

The Renters’ Rights Bill is in the committee stage in the House of Lords and predicted to be enacted this year. As it nears approval, several key updates to the…

Bethen Abraham LLB (Hons), LLM
Solicitor
Contact us