This is a big chunk of the cahirity commission's announcement. It's clear that the context is the safeguarding questions, and I have highlighted the bits where I think the safeguarding problems could be addressed in the inquiry.
"The Commission opened a regulatory compliance case into the charity in September 2022 after safeguarding allegations were raised. It has now formalised its engagement by opening a statutory inquiry, due to newly identified issues about the charity’s governance and management.
The Commission will investigate the regulatory issues to determine whether they indicate serious systemic failing in the charity’s governance and management. The trustees have fully cooperated with the regulator’s case, but their response has not provided the necessary reassurance or satisfied the Commission at this stage.
The regulator will seek to determine whether the charity’s governance is appropriate in relation to the activities the charity carries out, which involve vulnerable children and young people, as well as their families.
The inquiry, which opened on 28 November 2022, will examine:
- The administration, governance and management of the charity by the trustees including its leadership and culture.
- Whether the trustees have complied with and fulfilled their duties and responsibilities as trustees under charity law; in particular whether they had sufficient oversight of the charity’s activities and compliance with its policies and procedures and in line with its charitable objects.
- Whether there has been any misconduct and/or mismanagement by the trustees."
The CC are not going to take a view on whether the things mermaids believe about gender are true. They are not going to find that providing breast binders is a safeguarding issue on itself (given the context of gender medicine) but might they look at whether the specific way they did it was safe, and how they dealt with complaints about it, what did the trustees know? Etc ?
I think all the issues will be looked at, but the question will be did the trustees follow the law in how they allowed or managed this thing? Rather than was this thing good or bad in itself?
In the helen webberly tribunal the fact she was working in an area where there are no established standards worked in her favour to some extent. That might be the case here as well. It's a changing scene - mermaids were creating the ways of supporting these children.