legacies and reputational risk: where we are and · sarah atkinson director of policy, planning...
TRANSCRIPT
28 October 2019
Legacies and
reputational risk:
where we are and
where we’re headed
Leticia Jennings
UK charity sector’s annual income
has grown to more than £50bn for
the first time19 Jun 2019 News
Increasing number of charitable estates07 Jun 2019 News
s
"The general longer-term trend is that the number of charitable estates increasing persists."
The legal bit…
Sarah Atkinson
Director of Policy, Planning & Communications,
Charity Commission for England and Wales
It is, rightly, difficult for a charity to decide
to refuse or return a donation – it will
need all the money it can get and
trustees are under a duty to use all the
charity’s resources to further its aims for
the public benefit. But there are some
rare situations when trustees can
properly decide that refusing or returning
a donation is going to be in the charity’s
best interests. They will need to weigh
the relevant factors carefully.
Spotlight on your
policy…
Best practice – what
does “good” look
like?
Objective
Aids clear decision making
Accept the gift?
Avoid reputational damage?
Honour donor wishes?
Specific to your charity
Policy must-haves
Principles to guide decision-making
Does the gift come with potential reputational issues?
Is the gift at odds with your charity’s ethics?
Is the gift financially onerous?
Can the potential risks be managed?
Policy must-haves
Not decisive! Factors to consider and
balance…
Due diligence – process your charity will
undertake
Obtain will and grant
Basic checks e.g. google, Companies House; your
own database
Consider taking legal advice
Consider seeking Charity Commission advice (s.110
Charities Act 2011)
Policy must-haves
How decisions will be made
written record of issues and factors considered;
board decision? delegated authority?
Policy must-haves
Important charity is able to clearly
demonstrate how and why a particular
decision has been made
Other practical steps
press release
keep your policies under review – legal or regulatory
updates?
Policy must-haves
