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Updated Serious Incident Reporting Guidance From the Charity Commission

on Thursday, 11 June 2020.

The Commission have published supplementary guidance for trustees anxious to measure the potentially serious effects of coronavirus on their charity's work.

See the Commission's supplementary guidance here.

Although the fundamental principles of serious incident assessment and reporting (see the Commission's main guidance) remain the same, the good news is the Commission has taken a very pragmatic line. Thus, where coronavirus affects a charity, it is often not the action taken which in itself is reportable to the Commission but the impact if it is 'serious' within the meaning of the guidance.

The coronavirus pandemic has had such far reaching effects that the Commission has sought in this new guidance to reassure trustees and senior leaders that it understands this. It follows, that not every charity with serious circumstances arising from coronavirus must report to the Commission. This mirrors what we have been saying to charities in this area: to report adverse yet near-universal circumstances as 'serious incidents' would often be a waste of charities' and the Commission's time.

The guidance includes a list of examples illustrating when to report and when not to do so. Circumstances relating to staff COVID-19 infection, staff furloughs, financial difficulty, or service interruption (as a result of government lockdown restrictions or otherwise), are all now only reportable if the charity:

  • is thus unable to deliver services to at risk beneficiaries
  • is insolvent (or that is likely within 12 months), or
  • is closing (or that is likely within 12 months)

Additionally, the automatic need to report financial loss of over £25,000 or 20% of income is disapplied if the loss relates to the pandemic, with trustees instead called on to exercise judgment about the significance of the loss.

Crime (fraud, cyber-crime, abuse of beneficiaries) or significant harm to staff, which are related to the pandemic, must, however, be reported.

Charities have enough to grapple with during these times without unnecessary reporting requirements, so this guidance should be a welcome reassurance. If you have any questions concerning serious incident reporting, please get in touch.

The above reflects guidance as at 5 June, 2020. We will continue to update this as the situation develops.


If you need specialist legal guidance on serious incident reporting please contact Shivaji Shiva in our Charities team on 07788 313298, or complete the form below.

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