Regulator disqualifies trustee after finding Brighton Mosque “poorly managed”
The Charity Commission has published the findings of its statutory inquiry into Brighton Mosque and Muslim Community Centre.
The report is critical of the charity’s former trustees for failing to resolve a serious dispute which damaged the charity’s governance and management.
The dispute arose after one of the charity’s former trustees was convicted of encouraging terrorism. The failure to resolve it threatened the charity’s ability to prevent future harm, leading to intervention by the regulator.
As a result of the inquiry and the work of an interim manager and a newly appointed board, the regulator notes that the charity’s management and governance has improved.
Background
As part of its activities to advance Islam, the charity operates a mosque in Brighton, known locally as Dyke Road Mosque.
The inquiry was opened over a failure to resolve a dispute between the charity’s then trustees and a group claiming to have taken over as new trustees.
The Commission had initially begun engaging with the charity to assess concerns after a former trustee was charged by the police with encouraging terrorism, in a speech which he made at the charity’s premises in November 2020.
In response, the Commission issued an Official Warning to the charity after determining that the then-trustees knew, or ought to have known, of the risk posed by the former trustee. The warning set out that the trustees had failed to adequately safeguard the charity and its beneficiaries and required actions to be taken to prevent similar abuse in the future.
During this engagement, the Commission became aware of a serious dispute that risked undermining the charity’s governance. Specifically, the Commission was concerned that the dispute would impact on the charity’s ability to act on the Official Warning.
Additionally, the Commission was concerned that the charity’s procedures had not been followed in relation to the removal and appointment of trustees, and had serious concerns about the charity’s financial management.
Findings
After opening its inquiry, the Commission appointed an Interim Manager in place of the trustees to take immediate charge of the charity’s management and bank account, which included depositing donations totalling over £17,000 in cash.
The Commission found that both the former trustees, as well as the group claiming to have taken over as trustees, are responsible for misconduct and/or mismanagement.
In addition, the inquiry took steps to disqualify Dr Karim Aboutayab, one of the former trustees, who it found had been particularly culpable for a number of failings, including the failure to properly resolve the dispute within the charity.
The Interim Manager undertook an open recruitment exercise to identify new trustees, who were then formally appointed by the Commission using its power.
Joshua Farbridge, Head of Compliance Visits and Inspections at the Charity Commission, said:
Abusing a charity to encourage terrorism is a grave breach of public trust and we expect all trustees to take steps to ensure their charities cannot become safe havens for terrorist or extremist views.
While the earlier criminal conviction was outside the scope of our inquiry, what occurred at Brighton Mosque and Muslim Community Centre demonstrates how serious disputes within a charity can not only severely impact its running and reputation, but leave a charity unprotected from the risk of exploitation by those with malign intentions.
In this case, we acted robustly to address the issues and get the charity back on track – disqualifying a former trustee, safeguarding the charity’s assets, and establishing a stable and effective governance structure.
The full inquiry report is available on gov.uk.
Ends
Notes to editors
- The Charity Commission is the independent, non-ministerial government department that registers and regulates charities in England and Wales. Its ambition is to be an expert regulator that is fair, balanced, and independent so that charity can thrive. This ambition will help to create and sustain an environment where charities further build public trust and ultimately fulfil their essential role in enhancing lives and strengthening society. Find out more: About us - The Charity Commission - GOV.UK
- The Commission opened a statutory inquiry into the charity on 3 August 2022 under section 46 of the Act.
- In May 2022, the Commission issued an Official Warning to the charity under section 75A of the Charities Act 2011. The Commission determined that the charity’s trustees knew or ought to have known of the risk posed by the former trustee and set out actions they should take to protect the charity and its beneficiaries from abuse.
- On 28 September 2022, the Inquiry exercised the Commission’s power to appoint Mr Andrew Wilkinson of Shakespeare Martineau LLP as Interim Manager by Order under section 76(3)(g) of the Act to the exclusion of the charity’s trustees. Having completed the scope of their appointment, the Interim Manager was discharged on 22 December 2023 by an Order made under section 337(6) of the Act.
- On 18 August 2023, the Inquiry exercised the Commission’s regulatory powers and made an Order under section 76(3)(b) of the Act to appoint five new trustees, whose names were entered onto the charity’s Register entry.
- On 10 July 2024, an Order to disqualify Dr Karim Aboutayab took effect. Dr Aboutayab was disqualified for a period of 4 years and 6 months. In accordance with its obligations under section 182 of the Act, Dr Aboutayab’s name has been entered onto the Register of Removed Trustees.
- Under section 178 of the Act, the former trustee convicted of encouraging terrorism at the charity’s premises is automatically disqualified from serving as a trustee or senior manager of any charity (whether registered with the Commission or not) in England and Wales.
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