The Charity Commission has concluded its regulatory compliance
case into the Alzheimer’s Society,
finding that the trustees acted in line with their legal duties.
The case was opened in February after the national media reported
allegations about the handling of bullying and harassment within
the charity, including the use of confidentiality clauses in
settlement agreements.
After reviewing detailed records and information, the regulator
found no evidence that confidentiality clauses used by the
charity were designed to or would have had the effect of
preventing staff from reporting any whistleblowing, bullying,
harassment or discrimination complaint. Allegations reported in
the national media around the amount of money paid out in
settlements were not substantiated by the evidence the Commission
saw.
The Commission is satisfied that there were processes in place to
ensure that settlement payments were properly scrutinised. The
regulator has reviewed the Society’s updated policy on settlement
agreements, instigated following the allegations. It notes that
the policy includes new explicit provisions stating that
settlement agreements and confidentiality clauses cannot be used
to hide improper behaviour or prevent lawful disclosures.
The Commission also welcomes the launch of a review of the
Society’s procedures for staff raising concerns to ensure these
meet best practice. It has advised the Society that in making
payments, thought should be given to how the decision might
affect public trust and confidence in the charity.
In the interests of accountability and transparency, the
regulator has also advised the charity to explain its
decision-making and use of compensation payments in its annual
report.
The charity provided evidence that work continues to strengthen
its internal culture to ensure a positive environment for staff.
The regulator is satisfied that the trustees cooperated with its
enquiries and took its guidance on board.
Tracy Howarth, Assistant Director of Casework at the Charity
Commission said:
Our case did not find evidence of wrongdoing at the Alzheimer’s
Society, or that its use of settlement agreements would stop
people from whistleblowing. This is crucial – the Alzheimer’s
Society has an important role in ensuring the wellbeing of so
many, and so it is important that its working culture allows
staff to raise concerns. Like all charities, the Society must
continue to ensure that staff settlements are only made where
that supports the charity’s purpose. Donors expect charities to
be different from other organisations and to spend their money
carefully. We also welcome steps being taken to further
strengthen procedures at the Society and to strengthen the
charity’s internal culture.