Charity Commission Response

[mumsandaunties]

The charity commission have published this open letter responding to an “inclusive governance” consultant, who had written to them following the news that Girl Guides and The WI had decided it might be sensible to abide by the law.

https://www.gov.uk/government/publications/response-to-open-letter-on-charity-governance-and-equality-act-2010/response-to-open-letter-on-charity-governance-and-equality-act-2010

The recipient is pleased with this response, seeing it as the CC telling trustees that they can apply their own judgement rather than taking hasty action.

Hopefully most trustees judgement would be “following the law is probably a good idea!”, but I’m probably being over optimistic there.

I can’t help feeling that these people are basically asking charities and employers to play “chicken” with the Supreme Court judgement.

Surely any legal action brought around an employers actions post April 16th 2025 has to win, and “I was waiting for the EHRC guidance” isn’t going to cut the mustard.

For all the reasons you and others have noted, including to give guidance to charities and other regulators, it is vital that the EHRC’s Code of Practice is published as soon as reasonably practicable. I have now written to Ministers to that effect setting out some of the serious impacts on the sector and the need for urgent improved clarity and guidance.
David Holdsworth
HM Registrar of Charities for England and Wales

Significant (sort-of): Charity registrar writes to (presumably) Bridget Phillipson.

I imagine Bridget Phillips’ mailbox to be somewhat akin to Vernon Dursley’s front door when they tried to hide Harry’s Hogwarts letter. And her approach seems to be very similar to his!

Hmm I would not like to rely on the defence I was awaiting for stat guidance when the law states that I approved spending of charitable income on matters outside the charity’s objects or class of beneficiaries.

Charitable trustees are on the hook for such mistakes personally.

It is interesting that the misinterpretation and intransigence come from those on the administrative side who would not suffer personal loss if the charity was found to be acting outside its remit.

As a trustee I would be telling them to get back in line sharpish.

I’m the trustee of a charity and this is seriously bad advice. Trustees could be personally liable if they decide their charity should break the law. Volunteer to lose your house folks?

The letter, to which this was a response, can be read here. It is truly appalling:

https://www.linkedin.com/posts/penny-wilson-charity-sector-geek_penny-wilson-letter-to-the-charity-commission-activity-7404444004542738432-VML5

Useful summary of the Charity Commission's position

Charity Commission asks ministers for clarity over trans inclusion
https://www.civilsociety.co.uk/news/charity-commission-asks-ministers-for-clarity-over-trans-inclusion.html