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Charity Community

Charity regulatory roundup – January 2023

Author: Kristina Kopic, Head of Charity and Voluntary Sector, ICAEW

Published: 01 Feb 2023

We’re taking a closer look at some of the Charity Commission’s updates from January.

Firstly, the speech that Orlando Fraser, Chair of the Charity Commission for England and Wales, gave at our Charity Conference on 19 January. We’ll also look at the regulator’s draft social media guidance and how you can get involved with the consultation.

Then we take a brief look at new OSCR guidance on how to successfully apply to become a charity in Scotland, and signpost you to the draft plans of the Charity Commission for Northern Ireland for 2023-26.

Finally, we share a brief summary of recently launched inquiries in England and Wales.

1. Orlando Fraser’s opening keynote at the ICAEW Charity Conference

In a keynote speech at the ICAEW Charity Conference, Orlando Fraser reflects on his first nine months as Chair of the Charity Commission and looks ahead to the challenges and opportunities facing charities in 2023. 

Fraser emphasised the important role of charity finance professionals in the cost-of-living crisis:

“I have no doubt that the burden of responding to the current pressures falls especially heavily upon your shoulders as finance professionals. Especially those of you working in-house. Your mettle may well be tested in the months ahead, as you demonstrate yet again the crucial importance of intelligent, prudent, purpose-driven, financial planning and management. Your work is your charity’s engine room, providing the fuel and energy required to deliver for your beneficiaries. This work is of course always important. But ensuring that charities use their resources wisely will become ever more crucial as this economic crisis unfolds.”

2. Consultation on draft guidance: charities use of social media

The Charity Commission is seeking views on new draft guidance intended to help trustees use social media appropriately and with confidence. The new resource is designed to help trustees understand their responsibilities and manage the risks; it encourages them to adopt a social media policy for their charity and outlines what can be included in the policy. It also aims to help trustees understand what to do if issues occur, for example if problematic content is posted either by the charity or by someone connected to the charity. Sector representatives have voiced concerns about the guidance’s warning around personal social media accounts of trustees, charity staff and volunteers. The consultation is likely to reflect such concerns.

3. OSCR guidance: how to successfully apply to become a charity in Scotland

OSCR’s new guidance will help avoid some of the common mistakes applicants make, and will help ensure that the application to become a charity in Scotland can be processed as quickly as possible.

4. Charity Commission for Northern Ireland: joint consultation on draft Strategic Plan 2023- 2026 and Engagement Strategy

Have your say on how the Northern Ireland charity regulator will develop and grow over the next three years, as well as how it plans to engage and communicate with charities and the public. As part of a 16-week consultation, running from 14 November 2022 to 6 March 2023, the Commission is calling on anyone interested to share their views on the proposals.

5. Inquiries launched (England and Wales):

  • Effective Ventures Foundation: The Charity Commission has launched an inquiry into the Effective Ventures Foundation following the bankruptcy of the US cryptocurrency exchange FTX. The charity reported this as a serious incident because FTX’s philanthropic foundation was a significant funder of the charity. The trustees fulfilled their duties and responsibilities in submitting an RSI, and there is no indication of wrongdoing by the trustees at this time. However, there are indications of potential risks to the charity’s assets, and the inquiry has been opened to establish facts and help ensure the trustees protect the charity’s assets and are running the charity in line with their duties and responsibilities.
  • Organisation of Blind Africans and Caribbeans: The Charity Commission has launched a statutory inquiry into the Organisation of Blind Africans and Caribbeans to examine potential serious wrongdoing by an individual involved in the control of the charity. These regulatory concerns have been exacerbated by significant difficulties in obtaining information from the trustees.
  • The Macbeth Memorial Trust: The Charity Commission has opened a statutory inquiry into The Macbeth Memorial Trust after identifying regulatory concerns. The charity also failed to comply with an Official Warning.
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