Where we take enforcement action
Published 23 May 2013
Applies to England and Wales
© Crown copyright 2013
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This publication is available at https://www.gov.uk/government/publications/how-we-ensure-charities-meet-their-legal-requirements/where-we-take-enforcement-action
The Charity Commission takes enforcement action against charities in a variety of ways. This includes regulatory action taken during investigations and its other regulatory work into individual charities.
1. Results of enforcement action
Results are published in the commission’s inquiry and regulatory case reports. You can also see when you look up a charity on the register of charities whether an inquiry report or regulatory case report has been published about the charity in the last 6 months.
The commission’s priority is to ensure that trustees meet their legal requirements and obligations. Where there has been abuse or non compliance, the commission may require corrective action to be taken by the trustees, including directing them to take action or certain actions.
The commission may undertake checks to ensure the requested actions have been taken. In some cases the regulatory outcome may include agreeing an action plan for a charity and following this up to ensure that this has been implemented. When the commission has opened an investigation it may use its temporary and/or permanent powers of protection.
These powers include (amongst others)
- restricting the transactions that a charity may enter into
- appointing additional trustees
- ‘freezing’ a charity’s bank account
- suspending or removing a trustee
- appointing an interim manager
You can see how many and which powers the commission has exercised each year in its Tackling abuse and mismanagement reports.
2. Interim managers
You can find out what action the commission has taken in using its powers to appoint interim managers to charities and the value of the assets safeguarded or protected as a result of this regulatory action.
You can use the advanced charity search to see which charities in your area are in default of the submission of their annual accounts and returns. You can also use the search tool to see if a particular charity is in default or not.
Charities that fail to provide evidence of their activity and existence by submitting accounts, annual returns or annual updates may be referred for enforcement action or removed from the register of charities.