Consultation outcome

Consultation questions

Published 25 November 2014

This consultation outcome was withdrawn on 3 October 2017

No longer current government policy/activity. It has been replaced with The essential trustee: what you need to know, what you need to do (CC3)

Applies to England and Wales

You can comment on any aspect of the draft guidance. Here are some specific questions that the commission would welcome your comments on. You don’t have to answer all the questions:

1. When did you last use the current version of The essential trustee?

2. Which version of the guidance do you find most helpful overall? Please say why.

In the new version:

3. Is the explanation of trustees’ responsibilities clear and easy to understand? If not, what didn’t you find clear? How could the commission make it clearer?

4. Does the guide cover all the essentials that trustees need to know about their duties? If not, what is missing?

The commission uses ‘must’ to explain legal requirements and ‘should’ to explain minimum good practice. The new version explains more directly that minimum good practice is not optional, and there are consequences of not following it.

5. Do you understand the distinction between what trustees ‘must’ and ‘should’ do?

6. Which of the following statements about what trustees ‘should’ do are helpful in explaining what it means (please answer for each):

a. minimum good practice requirements

b. specified good practice

c. there is no specific legal requirement

d. the commission expects you to comply

e. if you don’t comply, the commission may ask you to explain and justify your decision

f. if you don’t comply, you may be in breach of a legal duty

g. if you don’t comply, it is difficult to see how you can satisfy your legal duties

h. if you don’t comply, the commission may treat this as evidence of misconduct or mismanagement

7. Do you think the guidance strikes the right balance between:

• reassuring trustees that the law protects them if they comply with their legal duties, and
• highlighting the potential consequences of acting negligently or in bad faith?

If not, where does the balance need to be adjusted?

8. 'The essential trustee' is a familiar title to trustees and charity advisors. Should the commission keep this title? If not, what should the guide be called instead?

9. Some trustees seem to be unfamiliar with their duties. What more could the commission do to raise awareness of this guidance? How could your organisation help?

Please say what kind of charity or charities you are involved with or responding on behalf of (including their charity number if applicable), and what your role is. The commission particularly wants to hear from charity trustees.

Data protection

All information contained in the consultation responses (including personal information) may be published or disclosed in accordance with the access to information regime. This is primarily set out in the Freedom of Information Act 2000 (FOIA), Data Protection Act 1998 and Environmental Information Regulations 2004.

The commission can only treat information in your consultation response as confidential if that’s consistent with the law. There is a statutory Code of Practice under the FOIA which public authorities must comply with. This sets out how confidential information must be dealt with. The commission can’t give assurances that all information will be kept confidential, but it will take into account any representations that you make.

If you object to any information in your consultation response (including your personal details) being published, please say so. Please explain why you think the information should be confidential. This will help the commission to decide whether there are grounds for not publishing it.