The Captain Tom Foundation - What Are the Charity Commission's Concerns?

On 16 June 2022 the Charity Commission opened a statutory inquiry into the Foundation following increased concerns over its management. The statutory inquiry process allows the Charity Commission to use its full range of powers to investigate a charity.

How Was the Charity Commission Involved Previously?

In March 2021, the Charity Commission had engagement with the Foundation in relation to the proposed employment of Ms Ingram-Moore, the daughter of Captain Sir Tom Moore. The Charity Commission required evidence of benchmarking to justify the proposed salary. The requested salary of £100,000 per year for three days a week was rejected on the basis that it was neither "reasonable nor justified", although a lower salary was agreed for Ms Ingram-Moore as interim CEO until a new post holder was appointed.

Subject of the Current Inquiry

The Charity Commission inquiry will consider the following areas:

• trustee mismanagement or misconduct in the administration of the Foundation
• proper management of conflicts of interest, specifically with the links to the Company (detailed below)
• whether the Foundation has suffered a financial loss as a resolute of unauthorised private benefit to any of the current or former trustees
• general compliance with charity law duties placed on trustees

The inquiry was prompted over concerns relating to the Foundation's links to a private company which is controlled by direct family members of Captain Sir Tom Moore (the Company), and who are current or former trustees of the Foundation. Specifically, the Company registered trademarks against variations of the name 'Captain Tom' without any objection from the Foundation, which is likely to have led to significant financial benefit to the Company.

What Can Be Learnt from This Inquiry?

• The initial engagement from the Charity Commission in 2021 shows the importance of both benchmarking salaries and the ability to provide clear evidence to show you have considered and can justify any employed positions.
• The statutory inquiry highlights the need to ensure independence of trustees, especially where there are family trustees or interactions with private companies that have links to persons connected with the charity.
• Trustees should be aware of the rules in their constitution and under charity law on benefits to trustees and ensure there are no unintended unauthorised benefit to trustees.

For advice on managing your charity or on trustee duties, please contact your usual contact in the Charities team. Alternatively, please complete the form below.