Correspondence

Letter to General Synod members who are also trustees of Church of England charities

Published 24 January 2025

Applies to England and Wales

Dear Synod Member 

Letter to General Synod members who are also trustees of Church of England charities 

This letter is addressed to those voting members of the General Synod who are also trustees of charities within the Church of England.  These are charities which are required to follow the Church of England’s safeguarding guidance and codes of practice (Church charities). 

The Charity Commission has no regulatory jurisdiction over the General Synod or its members. However, the Charity Commission is the regulator of the Church charities which must comply with the Measures, Regulations and safeguarding codes that the Synod passes/approves.  

The Charity Commission provides trustees and charities with advice and guidance under s.15(2) Charities Act 2011 in furtherance of its statutory objectives to increase public trust and confidence in charities, and promote compliance by charity trustees with their legal obligations in exercising control and management of the administration of their charities.  

Although the Charity Commission cannot be involved in the administration of Church charities, it can provide advice and guidance to trustees considering changes to the current safeguarding framework with which Church charities must comply.  

As regulator of charities in England and Wales, the Charity Commission is engaging with certain National Church Institutions regarding safeguarding in Church charities following the recent publication of the Makin Review.  

The Makin Review, and other recent reviews into safeguarding at the Church of England, have raised concerns about the sufficiency of the Church’s safeguarding processes and procedures to protect people from harm and hold people to account.  

The Church has acknowledged that improvements to safeguarding must be made. We understand that at the forthcoming General Synod in February 2025, there will be an opportunity for you to consider safeguarding and discipline legislation and codes of practice, which will make changes to the current safeguarding framework with which Church charities must comply.  

The Commission understands that the safeguarding related business to be considered by the Synod in February is intended to rectify the inadequacies highlighted by various past reviews and reports.   

All charity trustees have a duty to take reasonable steps to protect from harm people who come into contact with their charity. Trustees should ensure that processes, procedures and training are fit for purpose and enable them to effectively discharge their duties in relation to safeguarding. This includes being satisfied that, where concerns are raised, appropriate action is taken in a timely manner and processes are in place so that safeguarding concerns are not able to be ignored or covered up. 

It is therefore important that, as a trustee of a Church charity attending the General Synod in February 2025, you remain aware of your legal trustee duties during debate and voting on relevant Synod business such that you are satisfied the changes will enable you to comply with your duty to take reasonable steps to keep all who come into contact with your charity safe. 

You may find the Commission’s general advice and guidance on trustee duties, safeguarding and trustee decision making helpful as part of your preparation for the Synod sessions.  

• The essential trustee: what you need to know, what you need to do (CC3) - GOV.UK 

• Safeguarding and protecting people for charities and trustees - GOV.UK

• Decision-making for charity trustees (CC27) - GOV.UK

The Charity Commission will continue to engage within its regulatory remit with trustees and church leaders as may be required.  

Yours sincerely, 

David Holdsworth 

Chief Executive Officer