The Charity Commission says safeguarding should be a priority for
all charities, not just those working with groups traditionally
considered at risk.
It comes as the charity regulator publishes a report showing
safeguarding concerns are an increasing feature in its regulatory
compliance case work with charities.
Tackling abuse and
mismanagement, the regulator’s annual report of its
compliance case work, reveals that safeguarding concerns featured
in 302 regulatory compliance cases opened in 2016-17, up from 163
in the previous year. Disclosures with other agencies that have
safeguarding responsibilities have increased by 30%, at 244 (up
from 187 in 2015-16). Six statutory inquiries, the regulator’s
most serious type of engagement with charities, featured
safeguarding concerns.
Over half of serious incidents reported by the charities to their
regulator related to safeguarding concerns (1,203 of 2,182).
The Commission recently updated its strategy on safeguarding
in charities, which reminded trustees that they should
proactively safeguard and promote the welfare of their charity’s
beneficiaries and take reasonable steps to ensure that their
beneficiaries or others who come into contact with their charity
do not, as a result, come to harm.
Michelle Russell, Director of Investigations, Monitoring and
Enforcement, said:
We know that it is vital that trustees set a culture within
their charity that prioritises safeguarding, so that the risk
of safeguarding incidents is minimised, and so that it is safe
for those affected to come forward and report incidents and
concerns with the assurance they will be handled sensitively
and properly. As our safeguarding strategy makes clear,
everybody has the right to be safe, no matter who they are or
what their circumstances are, and the public rightly expects
charities to be safe and trusted places.
Our wider compliance case work shows that problems in charities
often result from basic failures by trustees to understand and
fulfil their legal duties. In the area of safeguarding, this
can include failing to recognise that your beneficiaries may be
at risk or vulnerable in certain situations, or not taking
proper steps to protect others who come into contact with your
charity, such as staff members and volunteers.
I hope this report serves as a tool that enables trustees in
managing their charities effectively.
Last month, the Commission issued an alert to
charities reminding them of the importance of
safeguarding, following a number of reports of serious incidents,
and growing public interest in and concerns about accusations of
harassment in the work place, including media reporting about
some safeguarding incidents which have affected charities.
Tackling abuse and mismanagement also shows that in 2016-17 the
Commission opened:
- 1,664 new regulatory compliance cases (2015-16: 1,804)
- 503 new monitoring cases (2015-16: 424)
- 187 new statutory inquiries* (2015-16: 53)
- 2,182 serious incidents (2015-16: 2,117)
*the increase in statutory inquiries relates in part to a class
inquiry involving 74 connected charities which opened during the
year; in addition, more charities became part of the double
defaulters class inquiry.
The regulator also used its powers on 1,099 occasions; 13 of
these were powers granted through the 2016 Charities Act. By the
end of December 2017, the Commission had used these new powers on
80 occasions.
The Commission has today also published an updated regulatory and risk
framework; the updated document explains the Commission’s
approach to risk-led regulation and sets out how it prioritises
both reactive and its proactive engagement with charities,
including the development of policy and guidance aimed at
enabling charity trustees to run their charity effectively.
The framework is designed as a guide for the Commission’s staff
and as a reference tool and guide for those involved in
charities, notably trustees, staff and professional advisers.
Notes to editors
- The Commission is not responsible for dealing with
incidents of actual abuse and does not administer
safeguarding legislation. It cannot prosecute or bring
criminal proceedings, but it can and does refer any
concerns we have to the police, local authorities, the
Disclosure and Barring Service (‘DBS’), and other
agencies each of which has
a particular statutory function.