Policy paper

How the Charity Commission reports on its regulatory work

Published 15 January 2015

Applies to England and Wales

1. Statements on live cases

The commission does not routinely publish statements about all its regulatory cases. However, it may decide that releasing a statement would:

• be in the public interest
• increase public trust and confidence in charities

For example, where:

• there is significant public interest, and/or media coverage of a charity or the commission’s regulatory engagement with the charity on a particular issue
• the commission wants to set the record straight or to respond publicly to certain issues raised
• it is made public that an individual connected with a charity has been convicted of an offence relating to a commission case
• where the commission considers that a case raises issues that may pose a risk to other charities or the donating public (in some such instances, it may also publish a general alert)

2. Statements when a statutory inquiry opens and closes

In the public interest, the commission usually releases a public statement whenever it opens a statutory inquiry into a charity. It then links to this statement from the charity’s entry on the public register of charities whilst the inquiry is open. This link changes to a report of the inquiry once it concludes.

The commission won’t release a statement if it considers that this would not be in the public interest, or if the charity’s trustees are not aware that an inquiry is being opened.

It may also decide not to release a statement if this would:

• interfere with or prejudice legal proceedings, due process or the effective outcome of the commission’s investigation or the operations or investigations of other agencies
• be acutely detrimental to a particular individual or group of individuals, for example a risk to someone’s personal safety
• unduly impact commercial sensitivities or give rise to national security issues
• cause severe prejudice to the charity and/or its beneficiaries
• prejudice or contravene the commission’s legal duties

Trusteeship is a public office, a position of trust carrying responsibilities and legal duties. The public has a legitimate interest in being assured that those duties are being complied with.

Where it is in the public interest, the Commission may therefore publicise its findings by issuing a press release when the report of the statement of results of inquiry is published.

We make decisions on this in line with these published principles.

3. Statements when regulatory cases start

The commission does not routinely inform the media on a proactive basis when it opens regulatory cases.

It decides whether or not to issue a press release or formal public statement on a case-by-case basis. This decision is based on:

• whether it is in the public interest to do so
• consideration of the commission’s objective to increase public trust and confidence in charities

The commission takes a number of factors into account when deciding if it is in the public interest to make a statement on non-inquiry casework. These factors include:

• the extent of previous and/or current media interest in the issue and/or in relation to the charity
• whether it is already in the public domain that the commission is looking into the charity
• whether there are other indications of public interest in the issue
• the nature and gravity of the commission’s regulatory concerns
• the extent and nature of the commission’s previous engagement with the charity
• the public, international, national or local profile of the charity (either generally or in relation to its specialist services) and/or its trustees or other associates/representatives
• how important it is that the commission’s findings and conclusions are on public record and widely promoted
• whether the case raises issues of significant legal and/or policy development or issues that are likely to be of wider interest to the charity sector or the general public

4. Responses to enquiries about ongoing cases

The commission often receives enquiries from the media about its engagement with charities on regulatory issues, including when it opens a regulatory case.

The commission’s press office deals with these enquiries in conjunction with the relevant teams.

The commission is a public body and, in the interests of transparency, considers itself bound to respond accurately to press enquiries providing this does not prejudice due process and the outcome of its regulatory work.

4.1 Dealing with specific media enquiries

It is the commission’s general policy to consider and issue a response to specific media enquiries on a case-by-case basis. However, it does not routinely provide proactive updates or detail on its ongoing regulatory work.

The commission will confirm, if asked, whether it has a regulatory case into a named charity.