(November 2004)

General

On 27 May we launched a consultation on our website about draft guidance on checking the eligibility of charity trustees. The aim of the consultation was to give charities, and other interested organisations, the opportunity to see what our policy entails and comment on any aspect of it, in order to help us identify any problems which it might cause for charities that we haven’t identified.

The consultation closed on 20 August.

We received 23 responses from the organisations and individuals listed in Annex A below

Overall, respondents felt that the draft guidance is acceptable and offers useful and practical advice. A number of respondents provided helpful comments on different aspects of the draft which they felt would help make the guidance clearer and more accessible to trustees.

The draft guidance is being revised in the light of the comments received and to reflect the introduction of the Protection of Vulnerable Adults (POVA) list.. The guidance will be included in a new publication, Recruitment, selection and appointment of charity trustees (CC30), which we aim to publish in December.

Summary of responses to specific questions

Question 1 Do you think the draft guidance offers sufficient and proportionate safeguards for the protection of vulnerable beneficiaries?

The majority of respondents who answered this question agreed that the guidance does offer sufficient and proportionate safeguards for the protection of vulnerable beneficiaries.

Question 2 If you are a charity which is already carrying out CRB checks on new trustees, will the introduction of our policy have any adverse effect on your current procedures and, if so, what?

Respondents who answered this question felt that the introduction of the policy would not have any adverse effects on their current procedures.

Question 3 Are there any issues relevant to checking the eligibility of charity trustees which are not covered in the guidance and which you feel should be included?

Some respondents identified issues which they feel are relevant to checking the eligibility of charity trustees and which could be added to the draft guidance. These include making use of references when selecting trustees.

Question 4 Do you feel that the guidance clearly sets out the legal and best practice requirements involved in checking the eligibility of individuals to act as trustees? If not, what could be done to improve the guidance?

Whilst the majority of respondents felt that the guidance does clearly set out the legal and best practice requirements involved in checking the eligibility of individuals to act as charity trustees, a number felt that the guidance could be improved. In particular, the guidance should be revised to make the distinction clearer between what the Commission is recommending as good practice and what is a legal requirement

Annex A

List of respondents

Age Concern
Association of Charitable Foundations (ACF)
Association of Governing Bodies of Independent Schools
Baker Tilly
Ann Bywater
CARES Sandwell
Churches’ Child Protection Advisory Service (CCPAS)
Criminal Records Bureau (CRB)
R L Glasspool Charity
Gulten Fedayi, Greenwich Council
Help the Aged
Institute of Chartered Secretaries and Administrators (ICSA)
Linda Laurance
Marie Curie Cancer Care
National Confederation of Parent Teacher Associations (NCPTA)
National Council of Voluntary Child Care Organisations (NCVCCO)
National Council for Voluntary Organisations (NCVO)
National Society for the Prevention of Cruelty to Children (NSPCC)
Queen’s College, Taunton
The Schools of King Edward the Sixth in Birmingham
Wales Council for Voluntary Action (WCVA)
Michael Wilson
Robert Winter