Scope - 'It's Your Decision'

The Charity

Scope is a charitable company with objectives for the promotion of equality, diversity, independence, and health of disabled people, especially those with cerebral palsy.

Why did the Charity Commission get involved?

In 2013, the trustees asked the executive to review their care homes with the aim of identifying which ones least supported disabled people to live independently in the community. As a result, the trustees took the decision to 'exit' 11 of their 35 care homes by either closing them or by changing the services provided by the homes. This would take place over three years.

The Commission was approached by members of the public who were concerned that the trustees were not properly taking into account the wishes or needs of Scope's beneficiaries. Whilst the Commission maintained that it is for the trustees of a charity to direct and plan its strategic direction, the profile of Scope and the impact that the closure of care homes would have on beneficiaries meant that the Commission wanted assurance from the trustees that their decisions had been based on sufficient and appropriate evidence and that they took into account all relevant factors at each stage of their decision making.

The Findings and Conclusions

The trustees cooperated with the Commission's enquiries and the Commission was satisfied that Scope had:

• taken steps to consult with its beneficiaries and during this process had increased levels of support for customers and staff
• given support to an independent advocacy service to enable people with disabilities to express their views
• worked closely with local authorities who have a statutory duty to assess the needs of individuals and ensure that appropriate care plans are in place
• commissioned external partners to evaluate the communication and support provided to staff, customers and relatives

In addition, the trustees regular reports and updates from the executive allowed them to maintain oversight and control. Key decisions were taken by the trustees and not the executive.

Considerations for the Sector

Whilst the Commission appreciated that the closure of care homes is likely to be a difficult and controversial process, it has been made clear that it is for the trustees of a charity to determine how it carries out its charitable objectives following a proper decision making process.

In light of this, trustees should:

• follow a properly structured and informed process when making difficult decisions and ensure that trustees, and not the executive, make those decisions
• be familiar with the Commission's guidance 'It's your decision: charity trustees and decision making' and apply the Commission's key principles that charity trustees should follow when making significant or strategic decisions

For more information, please contact Jaime Hobday in our Charity Law Team on 0121 227 3703.