The Charity Commission has taken regulatory action against UK
Friends of the Association for the Wellbeing of Israel's Soldiers
as part of an ongoing compliance case.
The charity
was registered in 2000, with objects to support serving and
discharged Israeli soldiers through advancing of education and
providing leisure facilities.
A video was posted on the charity's website and YouTube channel
which contained a distressing scene, appearing to show an
individual being killed. A review conducted by the Commission
concluded that the video did not, in fact, depict a killing, but
it was nonetheless found to be distressing in nature.
The regulator has found the trustees breached their legal duties
and are responsible for misconduct and / or mismanagement over
failing to have any policies or procedures in place around the
charity's website and social media platforms. They had outsourced
all control of their website to a third party - a former
executive director of the charity.
In allowing content to be posted without proper review or due
diligence, the trustees failed to act in the charity's best
interests, or manage its resources responsibly.
The regulator has also issued the charity with an Official
Warning in relation to these breaches.
The Commission initially opened a case into the charity following
concerns raised that the charity was fundraising for military
support for the Israeli Defence Forces (IDF), which would have
been unlawful and outside of the charity's objects. The
Commission carried out a monitoring inspection of the charity and
no evidence was found that the charity's funds have been
misapplied outside of its stated objects. However, during this
engagement, the Commission became aware of the video.
The Official Warning sets out that the charity is to conduct a
complete review of its other content to ensure it is appropriate
and make sure that all future publications on the charity's
website and social platforms are in furtherance of its objects.
The charity's trustees are expected to familiarise themselves
with the Commission's guidance on social media, and provide
evidence of this to the regulator. The charity must also
implement an adequate social media policy, informed by this
guidance and submit this to the Commission for review.
The Charity Commission's case involving the charity will remain
ongoing allowing the regulator to follow up on the remedial
actions set out in the Official Warning.
Joshua Farbridge, Head of Compliance Visits and Inspections at
the Charity Commission said:
While the Commission accepts that trustees may delegate certain
activities, they remain responsible for their charity – and we'd
expect a level of oversight that enables them to fulfil their
statutory duty to ensure all activities are in line with their
charity's purposes.
This case demonstrates the importance in having robust social
media policies and carrying out sufficient due diligence. Such
safeguards could have prevented the sharing of distressing and
inappropriate content.
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.
- The Official Warning was issued as part of a regulatory
compliance case into the charity [UK Friends of the Association
for the Wellbeing of Israel's Soldiers], which remains ongoing.
These cases allow us to gather evidence and make findings, and to
help trustees address any failures or weaknesses that we might
identify.
- The law is clear that a charity in the UK cannot provide aid
or military supplies to any foreign armed force in furtherance of
a charitable purpose. Where this activity is found, we will act
robustly. However, it is permissible in law for charities in the
UK to raise funds to further a charitable purpose such as the
relief of poverty, and can include current or former members of a
foreign military as its beneficiaries. For example, charities set
up to relieve ill health or disability may raise funds to support
people injured in combat, or charities with educational purposes
may raise funds to support the education of veterans. Charities
can lawfully do this for people in the UK and overseas.
- Read the Charity Commission's guidance for charities
on using social media.
