Charity

Charity

Who is my regulator?

The Charity Commission for England and Wales exists in order to register and monitor charities that function as such, making sure organisations that are established for charitable purposes follow the legal requirements enforced.

How will the Charity Commission monitor me?

As a charity registered with the Charity Commission, you will be subject to investigations and checks. The Charity Commission may receive reports of misconduct, in which case the commission will undertake checks and, where evidence proves the claims, you may be asked to take corrective action.

What can the Charity Commission do if there is an allegation of wrong-doing?

This can often be a daunting prospect, especially if the commission has instigated an investigation which may coincide with restrictions to the running of your charity. These include:

• Limiting your transactions;
• Appointing trustees to overlook your organisation or suspending/ removing a current trustee;
• Suspending your charity organisation’s bank account; and
• Appointing an interim manager to instruct your organisation.

The Charity Commission uses these regulatory powers to safeguard your organisation and the charitable service you provide. However, having any of these put into place whilst an investigation is underway can be difficult to negotiate, especially when monetary restriction is applied.

How can Duncan Lewis help me if the Charity Commission brings proceedings against me?

Duncan Lewis Regulatory Fitness to Practice solicitors are experienced in the way the Charity Commission conducts investigations and can advise you on your professional regulatory rights.

We can advise you during every stage of the proceedings, when a misconduct claim has been made against you or where disciplinary action is taking place. We can provide advocacy and represent you at hearings, with our expert knowledge in regards to fitness to practice proceedings.

It is possible for you to appeal against a claim made against your organisation, or an inquiry report or regulatory case report which has been placed against your registry. Duncan Lewis’ Regulatory Fitness to Practice solicitors will prepare you and appeal on your behalf, or, if an appeal cannot be sought, instigate a judicial review.

If you are a charity registered with the Charity Commission and you wish have a professional regulatory query, or you would like to appeal a decision made against your organisation, call Duncan Lewis Regulatory Fitness to Practice solicitors on 0333 772 0409.