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Charity Regulation

Charity Regulation Legal Advice and Support

All charities are regulated in one or more ways. Many are regulated by the Charity Commission, others by principal regulators such as HEFCE and the Education Funding Agency.

Other regulatory regimes also apply because of what specific charities do. Those providing care will be regulated by the CQC, others providing accommodation will be regulated by the TSA; and almost all charities will be regulated by HMRC in relation to their tax affairs.

Regulation can be a burden. But it is also an intrinsic part of the status of the charity sector in the eyes of the public - and an obvious requirement in return for the tax breaks which most charities are able to take advantage of.

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Charities Safeguarding

The Charity Commission published its new Strategy for Dealing with Safeguarding Issues in Charities in December 2017, identifying a comprehensive duty on all charities and their trustees to protect from harm the charity's beneficiaries, staff, volunteers and others who come into contact with the charity.

The subsequent regulatory alert published by the Commission included a clear call to action for trustees of all charities, not only those working with groups traditionally considered at risk, to:

  • undertake a thorough review of their charity's safeguarding governance and management arrangements and performance if one has not been recently conducted within the last 12 months
  • contact the Commission about safeguarding issues, or serious safeguarding incidents, complaints or allegations which have not previously been disclosed to the charity regulator

More recently, safeguarding has been identified by the Commission as one of the three key strategic risk areas prioritised in its latest risk framework and this year's safeguarding summits aim to result in commitment to actions to strengthen the charity sector's safeguarding capacity and capability. 

The Commission expects trustees to understand their safeguarding duties and responsibilities and to ensure adequate measures are in place to assess and address safeguarding risks.


Specialist Legal Advice and Support

Our clients look to us for legal advice and support which reflects the requirements and expectations of the Charity Commission and any other regulator with oversight of what they do. This can range from support on day to day operational compliance through to advice on the big strategic decisions that trustees are sometimes faced with and where there is likely to be a regulatory interest in the outcome.

Engagement with the regulators themselves is often key.  We work hard to ensure that we build strong and constructive working relationships with them which will serve our clients' interests.


How Can We Help?

We ensure that the impact of the regulatory regime to which a charity is subject informs all of the advice that we give, from day to day advice on employment and property issues through to major strategic decision about mergers and restructuring.

We also have extensive experience of dealing with the questions raised by regulators where a trustees' decision may be challenged and how best to deal with the risks that may be raised as a result.

We believe that a clear understanding of the regulatory regime within which a charity operates is fundamental to its effective governance.  We can support this in your charity through our email bulletin, Charity Law Brief and with bespoke training for your trustee body and senior management team to keep you up to date with the latest changes in regulation.


Charity Commission Approved Intermediary

We work hard to maintain good working relationships with key people at the Charity Commission (we are an "approved intermediary") which helps us find practical and cost efficient solutions, although we are equally experienced at challenging the Commisson's decisions where necessary or desirable.

We also provide support via our leading publication "Charity Governance" (published by Jordans) and our contributions to Jordans' Charities Administration Service.


For charity regulation advice from experienced charity lawyers, please contact Con Alexander on 0117 314 5214.

The quality of service is strong, but always balanced with a practical viewpoint. Advice is therefore not excessively legalistic and can be implemented more easily than would be possible with a more technical approach.

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Meet the team

Our charity lawyers have a broad variety of legal expertise and offer a full legal service to the charity sector.

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Paul Voller
Partner

Charity Law

Kathy Halliday - Partner & Employment Lawer at VWV's Birmingham Office
Partner

Employment Law

Charity Law

Restructuring & TUPE

Emma-Jane Dalley - Partner at VWV
Partner

Charity Law

Education

Further Education

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