The Regulator for Charities in England and Wales
This section introduces new and emerging Commission guidance, the compliance toolkit, entitled “Protecting charities from harm”. The guidance was prompted by one of a number of commitments, given in the Commission’s Counter-terrorism Strategy. A key commitment (F1) was:
to develop a ‘toolkit’, in partnership with the sector, to assist charity trustees and their advisors in undertaking risk assessment to better identify and minimise the risk of terrorist abuse and to disrupt those that seek to exploit charities for terrorist purposes. This will build upon already embedded good practice within the sector and learn from those charities that already have significant experience of managing these risks in their activities.
Charities make a vital contribution to society and the national economy, as well as having a wider impact around the world, addressing many of the underlying causes of disaffection that may lead people to turn to violent extremism or terrorism. The Commission fully recognises the importance of enabling charities, operating within the law, to undertake valuable and essential humanitarian and other work in the UK and overseas. In this context the guidance is intended to assist charities to be aware of legal obligations, and to provide best practice advice.
We know that poor governance and administration, and inadequate risk management measures, are key risk factors for charities in respect of abuse by terrorists. We believe that high standards of governance and accountability will safeguard a charity from a range of potential abuse, including terrorist abuse, and make the organisation less vulnerable as a target for any abuse.
The purpose of the guidance therefore – which clarifies legal requirements rather than introduce new ones – is to assist trustees to protect their charity from a range of types of harm and abuse, and will not have a sole focus on terrorist abuse. The guidance will aim in general to:
We recognise that many charities, including those working overseas in high risk areas, already have good standards in place to minimise the risk from terrorist and other abuse and a great deal of experience of working in complex operating environments. In developing our guidance we are committed to building on our good working relationships with charities to identify how to strengthen existing safeguards and facilitate the identification and sharing of existing good practice.
The scope of the guidance is as follows:
Chapter 1: Charities and Terrorism - Summary (PDF 186kb)
Modules:
Chapter 2: Safeguarding Charity Funds - modules are:
Chapter 3: Safeguarding Charities – People, Property, Reputation – modules may include:
Chapter 4: Case study archive (good practice examples from the sector for all chapters) and other sources of help
The “toolkit” is intended to be practical and to include guidance on legal requirements, case studies, checklists, aides-memoire, and example documents. The new guidance complements key existing Commission guidance, such as the The Essential Trustee (CC3) and Hallmarks of an effective charity (CC10).
We are committed in due course to analyse and publish key risk factors and vulnerabilities in relation to charities, and produce periodic bulletins for the sector providing information on risks, including risks from terrorism.
We plan to publish the first chapter of the toolkit – Charities and Terrorism – in November 2009; we plan to publish the remaining chapters by March 2010. As sections of the toolkit appear on the website, we will invite charities and others with an interest to send us comment and feedback. We will continue to consult and collaborate with interested charities and other stakeholders to develop the toolkit.
We will also be considering other themes and topics to add to the toolkit in the future where we identify there is a need or demand for further guidance from the Commission.
If you have any comments on the above, or if you are able to supply suitable case studies or good practice examples of your charity’s work, or if you are just interested in receiving further information about the toolkit as it develops, please write to the Commission at Charity Commission Direct, PO Box 1227, Liverpool L69 3UG; or email ComplianceOutreach@charitycommission.gsi.gov.uk