The Regulator for Charities in England and Wales

Charity Commission Inquiry Reports and Regulatory Case Reports

(Version January 2010)

Contents

Inquiry Reports.

Regulatory Case Reports

Inquiry Reports

Why do we produce inquiry reports?

The Charity Commission's policy is to report the outcome of formal inquiries by publishing a statement of results on this section of the website. Charity law allows us to do this. We give trustees and others affected by the publication of the inquiry report the opportunity to comment on the factual accuracy of the report before publishing it here. Others affected by the publication of an inquiry report are usually only those individuals named in the report. Where another regulator has been, or is involved, they are also given the opportunity to comment. The initial complainant, or member of the public, would not be entitled to comment on the report.

Our reports inform you about our role as regulator, about the inquiry process and about the action that we have taken in a particular inquiry. They also raise awareness about particular issues and we hope they widen the impact of our involvement in individual cases.  

Where can you find them?

Inquiry reports published in the last six months can be seen below under 'Recently Concluded Inquiries'. After six months, reports are transferred into our archive, 'Alphabetical lists of Archived Inquiry Reports'.

Do we ever not report the outcome of a formal inquiry?

Our intention is to report the outcome of every formal inquiry. However, there will be a small number of exceptions where this is not appropriate. We will not publish an inquiry report where in the Commission’s judgement it would have a detrimental impact on the effective regulation of the sector and public trust and confidence in charities.

What are these exceptions?

We may not publish a report where doing so could:

  • have an acute detrimental impact on a particular individual or group of individuals, for example risk to personal safety
  • prejudice the operations/investigations of a law enforcement agency or other regulator
  • prejudice ongoing legal proceedings
  • breach the provisions of The Human Rights Act 1998, the Data Protection Act 1998, Freedom of Information 2000 or other relevant legislation
  • contravene or prejudice requirements for confidentiality or where there is commercial sensitivity or a risk to National Security
  • cause severe prejudice to the charity and/or its beneficiaries and is not in the best interests of the charity

Any decision we make based on the criteria above will be balanced against the public interest in publishing the results of an inquiry.

Do we announce the opening of inquiries?

We do not routinely announce the opening of formal inquiries. However, in any case in which there is a particularly high level of public interest, or if the Commission wishes to appeal to the general public for information, we will issue a press release.

Recently Concluded Inquiries:

Report (listed in alphabetical order by Charity name)
File Format
Publication Date
African Development Agencies and the Hackney African Organisation
18/08/09
Andrew Lloyd Webber Art Foundation, The
14/01/10
Catz Club
17/12/09
Humanitarian Coalition Aid Foundation Ltd
20/11/09
Somali Progressive Association
21/08/09
Tariqa Burhaniya D'Suqiyya Shazuliyya
13/08/09
Trust of St Benedict’s Abbey Ealing, The 

15/12/09

Alphabetical list of Archived Inquiry Reports (more than six months old)

Regulatory Case Reports

What are regulatory case reports and how are they different from inquiry reports?

We will now publish regulatory case reports on non-inquiry work where there is significant public interest in the issues involved and the outcome, and where there are lessons that other charities can learn from them.

We will still continue to report the outcome of formal inquiries by publishing a statement of the results of inquiry (“SORI”) on our website. These reports set out the key issues of concern in a particular inquiry, our conclusions and the regulatory action we have taken. They also inform the public about the impact of our intervention and the wider lessons for other charities.

Where can we find regulatory case reports?

Regulatory case reports published in the last six months can be seen below under 'Recently Published Regulatory Case Reports'. After six months, reports will be moved to our archive, 'Alphabetical list of Archived Regulatory Case Reports'.

In what circumstances will we publish a regulatory case report?

We will only publish a regulatory case report on the conclusion of non-inquiry cases where we decide that there is sufficient merit to do so. The fundamental criterion for deciding to publish a report will be whether it is in the public interest to publicise the outcome of the case.  We have regard to the principles of best regulatory practice, including the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted at cases in which action is needed. In some cases we may publish an anonymised or summary report.

In deciding whether to publish a regulatory case report, we will make reference to the following criteria:

  • whether publicising the wider issues or lessons from the case will have a significant positive impact on charity beneficiaries, donors and the wider sector;
  • the extent of the charity’s public profile and its impact or influence in the sector;
  • the extent of media and / or parliamentary or local community interest in the case;
  • whether there is a public expectation that we state our position on an issue of public concern or interest;
  • whether public confidence in the integrity of charity will be affected (positively or negatively) by the outcome of the case;
  • whether there is a need to set the record straight about events in the case; and
  • whether it is considered appropriate to censure a charity or other organisation publicly for its actions.

It is unlikely that one single criterion from this list will justify the publication of a report. Instead, they are applied as a framework for deciding whether to publish. Other criteria may arise in the future.

Are there circumstances where the Charity Commission will never publish a report?

We will not publish a report where publication may:

  • have an acute detrimental impact on a particular individual (for example, risk to personal safety);
  • prejudice the operations / investigations of law enforcement or other agencies or regulators;
  • prejudice ongoing legal proceedings;
  • breach the provisions of the Human Rights Act 1998, the Data Protection Act 1998, the Freedom of information Act 2000 or other relevant legislation;
  • contravene or prejudice requirements of confidentiality or where there is commercial sensitivity or a risk to national security; and / or
  • in our view cause severe prejudice to the charity and / or its beneficiaries and is not in the best interests of the sector.

How will charities know that we intend to publish a regulatory case report?

The publication of a regulatory case report in non-inquiry casework will be the exception rather than the norm. When the decision is taken to publish a report at the end of a case we will notify the charity concerned and any other interested parties. The charity and, where appropriate, other affected parties will also be given the opportunity to comment on the factual accuracy of the report prior to publication.

When it is published, and if it is appropriate to do so, it will also be drawn to the attention of any other interested individuals or organisations who have expressed an interest in the case.

Recently published regulatory case reports:


Report (listed in alphabetical order by Charity name)
File Format
Publication Date
Royal United Services Institute for Defence and Security Studies

15/09/2009


Alphabetical list of archived regulatory case reports (more than six months old)