Charities Back on Track 2010-11 - Annexes

E. ANNEXES - KEY STATISTICS FROM THE COMMISSION’S COMPLIANCE WORK - 2010-11

Contents

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Annex 1 - Compliance performance headlines and impacts 2010-11

Performance headlines

2010 - 11

2009 - 10

2008 - 09

2007- 08

Number of new Assessment cases opened
1845
2434 3
1504
988
Number of Assessment cases closed
1912
2615 4
848
799
Number of new Investigations opened5
144
180
168
170
Total number of Investigations closed
167
121
188
200
Number of Statutory Inquiries opened
3
9
19
19
Number of Statutory Inquiries closed
9
15
21
29
Average duration of closed Statutory Inquiries (days)
519
395
358
414
Number of Statutory Inquiries closed which had significant involvement from other regulators
0
2
5
5
Average duration of closed Statutory Inquiries involving other regulators (days)
N/A
703
457
351
Number of Statutory Inquiry Reports published
13
15
23
42
Percentage of Statutory Inquiry Reports published within 3 month target
81% 6
80%
74%
31%
Number of Regulatory Case Reports
8 7
5
4
-
Number of new Regulatory Compliance Cases opened
141
171
149
153
Number of Regulatory Compliance Cases closed
156 8
106
167
171
Average duration of closed Regulatory Compliance Cases (days)
172
162
158
149
Number of active Investigations at year end
119
140
77
104
Number of new monitoring cases opened
276
306
211
-
Number of monitoring cases closed
297
141
81
-
Number of monitoring visits
21
20
14
-
Number of Compliance accounts scrutinies carried out
277
236
320
-

 

 

Performance Impacts

2010-11

2009-10

2008-09

2007-08

Charity assets directly protected in our investigation work
£8m
£29m
£47m
£16m
Charity income directly overseen through either Statutory Inquiry or Regulatory Compliance Cases
£900m
£521m
£461m
£106m
Number of cases where Commission action protected vulnerable beneficiaries
49
20
30
9
Number of cases protecting the reputation of individual charities
71
50
70
38
Number of cases protecting the reputation of the sector
49
35
41
27
Number of cases dealing with issues arising from conflicts of interest
20
19
21
26
Number of cases where advice and guidance provided to ensure the charity’s governance improved
59
43
47
61
Number of cases involving concerns about fundraisers
11
8
11
9
Number of cases where an internal dispute was resolved and the charity is properly functioning again
10
11
21
11
Charity no longer operating or applying funds outside its trusts 9
8
-
-
-
Useful and effective advice and guidance given
91
-
-
-
Charity is now complying with the legal requirements
2
-
-
-
Greater transparency in the charity's operations and published reports and accounts
3
-
-
-
Moribund charity is now functioning
0
-
-
-
Charity's relationships with third parties is now properly managed in the best interests of the charity
1
-
-
-
Direct charitable expenditure has increased or targets are in place to increase this expenditure
0
-
-
-
Number of occasions where Commission’s statutory compliance powers were used, including extensive use of information gathering powers
208
514
707
490

These impacts relate to investigation cases closed during the year.

Key Performance Indicators ('KPIs')

We report on the performance of our investigations and related regulatory work using the Commission’s KPI 4:

Improve the effectiveness of investigations and related regulatory work into charities by improving detection, investigation and prevention and with clear reported outcomes.

KPI 4 is divided into three areas:

  • Detection
  • Investigation, Sanction and Redress
  • Prevention and Deterrence

Detection

Target

Achievement

4a Complete 90% of compliance assessments correctly in 30 working days
90%
86%
4b Carry out a minimum of 20 compliance visits annually to charities which are subject to monitoring and identified following a risk assessment
20
21

Investigation, Sanction and Redress

Target

Achievement

4c Complete all regulatory compliance cases (excluding statutory inquiries) within an average of six months
183 days
172 days
4d Ensure 90% of all investigations result in at least one of the specified beneficial impacts which protect charities from mismanagement, misconduct or abuse
90%
94%

Prevention and Deterrence

Target

Achievement

4e Publish 90% of reports on the results of investigations within three months of the end of the substantive investigation process
90%
81% 10
4f Publish an annual report on the 'Themes and Lessons from the Charity Commission's Compliance Work' which includes the duration of each statutory inquiry, the impact of investigations, the use of sanctions (including legal powers of remedy and protection), and the operation of our compliance work
Publish report before end of  third quarter of financial year.
Published 22 September 2010

Annex 2 - Published statutory inquiry reports 2010-11

This table highlights key issues of concern in these investigation cases; notes the use of Charity Commission powers; and records the overall duration of investigations.

 

annex2

Annex 2.1 - Published statutory inquiry reports - the type and frequency of issues of concern

Note that most statutory inquiries involve more than one issue.

track

Baseline: 13 cases


Annex 2.2 - Trusteeship and governance issues in statutory inquiries

track

Baseline: 13 cases

Annex 2.3 Published statutory inquiry reports - the frequency of use of different Charity Commission powers

Note that more than one power is used in most cases.

track

Baseline: 13 cases

Annex 3 - Regulatory Case Reports (RCRs) 2010-11

We publish RCRs on our investigations where there is significant public interest in the issues involved and the outcome, and where there are lessons that other charities can learn from. The criteria we apply when deciding whether to publish a report is set out on our website. We also published RCRs in respect of significant cases which were handled by our Charity Services Division. These are marked with an asterisk below.

table3

Annex 4 - Regulatory compliance cases 2010-11 - the type and frequency of issues of concern

Note that most cases involve more than one issue.

track

Baseline: 158 cases

Annex 5 - Investigations 2010-11 - the number of charities by income band

track

 

Sector-wide information: the number of charities generally in each income band

track

Annex 6 - Use of Commission powers in all compliance cases 2010-11

All Statutory Inquiry and Regulatory Compliance Cases - breakdown of the number of individual Orders or Directions under the Charities Act 1993

2010 - 11

2009 - 2010

2008 - 09

2007-08

S8 (3) - (a) Furnish information/answers
0
11
9
40
S8 (3) - (b) Furnish copies/documents
2
4
3
25
S8 (3) - (c) Attend and give evidence
0
11
7
5
S9 (1) - (a) Furnish information
18
94
75
50
S9 (1) - (b) Furnish copies/documents
140
288
543
246
S18(1) - (i) Suspend trustee, officer, etc.
1
1
1
7
S18(1) - (ii) Appoint additional trustee
0
1
1
3
S18(1) - (iii) Vest property in the Official Custodian for Charities
0
22
1
0
S18(1) - (iv) Not to part with property
4
12
11
18
S18(1) - (v) Not to make payment
1
0
0
0
S18(1) - (vi) Restrict transactions
5
7
0
10
S18(1) - (vii) Appoint Interim Managers
1
2
2
2
S18(2) - (i) Remove trustee, officer, etc.
0
0
1
6
S18(2) - (ii) Establish a scheme
0
0
1
0
S18(5) Appoint trustee(s)
3
11
11
9
S19 (a) Specific Direction to protect charity
4
7
4
0
S26 Regulatory consent
8
9
9
8
Others (including Discharge Orders)
21
34
28
61
TOTAL Orders/Directions issued in period
208
514
707
490

Annex 7 Analysis of all completed assessment cases 2010-11

Annex 7.1 Causes of serious concern dealt with by our Compliance function

track

Baseline: 1912 completed assessment cases.

Annex 7.2 Sources of serious concern - external sources

track

Baseline: 1466 cases


Annex 7.3 Sources of concern - identified proactively by the Commission

track

Baseline: 446 cases


Annex 7.4 Outcomes of assessments

track

Baseline: 1912 cases

Annex 8 - Reported concerns about charities 2010-11

Annex 8.1 - Reports of Serious Incidents

The following chart shows the principal issue only.

track

Baseline 849 12

Annex 8.2 - Whistleblowing reports

There were 35 whistleblowing reports received by the Commission in the year (53 last year), the vast majority of which were dealt with by the Assessment Unit. The key issues in these reports were as follows, showing the principal issue only.

track

Baseline: 35 reports

Annex 8.3 - Concerns about charities identified or reported from other external sources (other than RSI/whistleblowing)

track

Baseline: 1212 reports

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Footnotes

3. 931 of these related to work checking the eligibility of individuals to act as trustees.

4. 940 of these related to work checking the eligibility of individuals to act as trustees.

5. ie the total number of statutory inquiries and regulatory compliance cases.

6. This year, Regulatory Case Reports were also included within the target to publish all reports within three months of the end of the substantive investigation.

7. These relate to investigation cases only. See Annex 3.

8. There were also 2 regulatory compliance cases closed which had significant involvement from other regulators.

9. The indicators in italics were introduced for 2010-11.

10. We published 13 statutory inquiry reports, and 8 regulatory case reports which related to investigations (see Annexes 2 and 3). Delays in publishing reports were mainly due to the need to coordinate with other regulators/agencies, including the police, where we were handling sensitive issues, or where we have been actively engaging with charities to resolve issues and reach agreement. It is also essential that we follow due process and are fair to those who are the subject of our reports, which may sometimes result in a delay in publication

11. The case duration shown in this column is the total period from the opening of a statutory inquiry to the date on which the substantive inquiry was closed, disregarding any delay which may have been related to the work of other regulators or legal proceedings or other external factors.

12. The figures here show individual reports. Some charities reported RSIs in batches, so some “completed assessment cases” (Annexes 7.1 and 7.2) were in fact concerned with multiple reports by individual charities.

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