Public statements about investigations and other regulatory work

Our involvement with the media on investigations and other regulatory work

We often receive enquiries from the media about our engagement with charities on regulatory issues, including when we have opened an investigation or regulatory case. These enquiries are dealt with by our press office in conjunction with the relevant teams. As you would expect, as a public body and in the interests of transparency, we consider we are bound to respond accurately to press enquiries, whilst ensuring it does not prejudice due process and the outcome of our regulatory work.

Dealing with specific media enquiries

It is our general policy to consider and issue a response to specific media enquiries on a case-by-case basis. However, we do not routinely provide proactive updates or detail on ongoing regulatory work. We will confirm, if asked, whether we have an investigation or regulatory case into a named charity.

Opening investigations and regulatory cases

We do not routinely inform the media on a proactive basis of the opening of investigations or other regulatory cases. We decide whether or not to issue a press release or formal public statement on a case-by-case basis. This decision is based on whether it is in the public interest to do so and with consideration of our objective to increase public trust and confidence in charities.

Factors that may be taken into account include:

  • the extent of previous and/or current media interest in the issue and/or in relation to the charity
  • whether it is already in the public domain that we are looking into the charity or there are other indications of public interest in the issue
  • the nature and gravity of the regulatory concerns we are examining
  • the extent and nature of our previous engagement with the charity
  • the public, international, national or local profile of the charity (either generally or in relation to its specialist services) and/or its trustees or other associates/representatives
  • how important it is that our findings and conclusions are a matter of public record and they are widely promoted
  • whether the matter raises issues of significant legal and/or policy development or issues that are likely to be of wider interest to the charity sector or the general public
Closing investigations

Our policy, except in exceptional circumstances, is to issue a press release when an investigation ends (which is marked by the publication of the statement of results of the inquiry on our website). For other regulatory cases, our usual approach is to issue a press release where the results of the case are published on our website. Our policy on publishing inquiry reports at the end of an inquiry and when we publish the results of our other regulatory cases is explained further on our website.

We usually send all press releases to charity sector press and other journalists that have specifically asked to be kept informed of our work. In addition, we may decide to send the release to other specific journalists/media outlets, identified on a case-by-case basis. These may be, for example, specialists in an area relevant to the charity's services or the regulatory concerns (eg arts, media, health or sports) or local/regional media. Factors that may be taken into account when considering this include:

  • the nature and gravity of the regulatory concerns
  • any wider lessons or legal policy issues arising from an investigation that may be of wider interest and should be promoted
  • any local/regional interest or issues that are of particular significance locally or regionally
  • whether the matter raises issues of significant legal and/or policy development or issues that are likely to be of wider interest to the charity sector or the general public

Investigations and other regulatory cases may also feature as case studies in Commission publications. In addition, we may highlight our engagement with a charity at public meetings of the Commission or in speeches and articles.

We may be asked follow-up or clarification questions about a report or investigation. These are dealt with on a case-by-case basis.

Our engagement with Members of Parliament (MPs) and Assembly Members (AMs) on regulatory work

MPs and AMs are representatives of the public resident in their constituency. Acting on behalf of their constituents, they have a legitimate interest in our involvement with charities in their constituency. As the elected representative in the area, they may well be approached by constituents with questions regarding our actions or role. Therefore, it is our usual policy to inform the local MP/AM when we open an investigation into a particular charity so they have a contact point at the Commission to address any concerns or queries they may have. We will not generally give detailed information of the nature of our concerns. We will confirm the general nature of the complaint raised with us or concerns being looked at. We will also inform the MP/AM when the investigation is completed, sending them a copy of the published report. With other regulatory cases, we will inform the local MP/AM of the opening on a case-by-case basis, particularly if there has already been local press interest. We may also inform other MPs/AMs of an investigation or regulatory case where we consider it appropriate to do so. Where we publish the results of these cases, we will generally send a copy of the published report to the local MP/AM when the investigation is completed.

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