Expert risk management advice for charities
In the face of increasingly tight regulation and ever more robust media scrutiny, charity trustees can feel personally exposed in connection with the range of risks that their charities might need to manage from time to time.
At Blake Morgan, we have a wealth of experience in supporting charities and their trustees in the identification, management and reporting of risks.
There’s an element of risk in the work carried out by all charitable organisations, but particularly for those working internationally, with volunteers, or with children or vulnerable adults. Our experienced team helps trustees to identify and manage risk, to put prevention measures in place and to respond to and report efficiently any incidents which do occur in accordance with the guidance and requirements of the Charity Commission and other relevant regulators.
Main Areas Of Practice
We work with charities, trustees and senior management teams to help recognise and manage risks arising, including:
Serious incident reporting
We help clients to identify circumstances in which incidents posing a risk to the beneficiaries, assets, or reputation of a charity require reporting to the Charity Commission and how such reports can best be framed. We also advise on regular bulk reporting and the management of any ongoing involvement with the Commission going forward.
Charity Commission intervention
We help charities and their trustees to navigate the requirements of governance compliance reviews and statutory inquiries, assisting with the collation, presentation and provision of relevant information, managing communications and preparing for and providing support at meetings or interviews with the Charity Commission.
In light of evolving guidance from the Charity Commission, we help you to put effective safeguarding measures in place to protect people who come into contact with your charity, including children and vulnerable adults, while also taking into account the differing regulations applying between England and Wales.
We advise on the practical policies that charities can introduce to comply with relevant legislation and best practice, with a view to creating an organisational culture which is less susceptible to risk and is able to effectively manage incidents which do occur.
We provide training to trustees of charities of all forms and sizes on their personal duties and responsibilities as trustees, as well as on the steps that they can put in place to identify risks and manage those that arise, with a view to minimising the risk of personal liability attaching to their collective decision-making.
Conflicts of interest
We advise trustees on the management of conflicts of interest and other challenging decisions arising in the course of carrying out their duties as trustees, with a view to managing or preventing problems arising within their organisation or externally.
We are proud to advise over 400 charities from local community groups to international organisations including the British Red Cross. We understand the regulations and operational challenges they face and focus on providing practical legal solutions so that they can focus on their cause.
"The group, led by Ben Brice provides excellent and accurate advice, and are particularly experienced in quite complex and technical charity and company structural issues within the Trust." - Legal 500, 2020
"They have always been efficient. Work has been completed on time and in a cost-effective manner.”
- Chambers UK A Client's Guide to the Legal Profession 2016
"Their service is always high quality, with appropriate experts available across a wide range of specialisms.”
- Chambers UK A Client's Guide to the Legal Profession 2014
"A very good understanding of clients’ needs.”
- The Legal 500 2013
Our charity lawyers advised trustees in connection with their interviews by the Charity Commission as part of a statutory inquiry in relation to which the board's decision-making and handling of sensitive allegations came under scrutiny.
We advised our client on the serious allegations raised against a senior employee. We ensured that a serious incident report was filed, and advised in connection with the Charity Commission's subsequent compliance and regulatory review. Employment and safeguarding advice was also provided.
Our expert team advised on the personal exposure of a high profile individual in connection with the trusteeship of a charity in financial difficulty. A rescue package was put forward by the client, and we ensured conflicts of interest were managed appropriately and that the Charity Commission was kept informed of the proposal.
Charity Trustee training will be held at our Southampton office on Monday 21 October. Charities are expected to report on their efforts to ensure that all trustees are trained and...Read More
The publication this week of the Charity Commission's regulatory inquiry report into Oxfam brings with it a renewed focus on safeguarding and risk management issues for the charity sector as...Read More
The Court of Appeal has confirmed a first instance decision of the High Court that a member of a charitable company owed fiduciary duties to that charity (The Children’s Investment...Read More
From 1 August 2018, new rules will come into effect which means that the automatic disqualification rules will also apply to senior management positions in charities, as well as charity...Read More