Charity Commission consultation on guidance for trustees - Law Society response

The Law Society’s Wills and Equity Committee has responded to a consultation from the Charity Commission on draft guidance for trustees of charities connected with non-charitable organisations.

The guidance is intended to help trustees understand the risks and challenges that relationships with non-charitable organisations can bring by setting out what the Commission expect trustees to do when faced with such challenges.

While welcoming the need for guidance, the Wills and Equity Committee noted that the draft guidance:

  • Was overly complicated, too long and potentially off-putting to charity trustees
  • Would have a very wide application as it was not immediately clear what kind of relationships it was intended to cover
  • Strays into other areas
  • Would benefit by including references advising trustees to seek independent legal advice.