Our regulatory approach to protecting the public's interest in charity

How we assess risks and manage resources

Stage 1. Does the Commission need to be involved?

  • Does the issue fall wholly or partly within our remit?
  • Does it involve the use of a regulatory power that only we can use?
  • Are others better placed to act?
  • Is there Commission guidance publicly available that will resolve the issue?
  • Is the issue potentially of such significance that it is in the public interest for us to engage?

Stage 2. If yes, what is the nature and level of the risk?

What is the nature of the risk that the issue presents?

What is the level of the risk, as affected by

  • the capacity for trustees to remedy the problem themselves
  • the residual risk if they do not
  • the profile and size of the charity
  • the charity's compliance record
  • the impact on beneficiaries or charitable assets
  • any wider sector impact or implications for the wider sector or particular subsectors
  • where the issue is part of a wider trend, whether for the charity or a sub sector or charities generally,
  • the complexity of the issue, and whether it might set a precedent
  • any wider public interest considerations
  • other matters which our experience or knowledge tell us warrant action in the public interest

Stage 3. What is the most effective response in the circumstances?

We will consider the best way of resolving the case or issue given

  • what guidance already exists
  • whether our involvement will have a significant impact
  • the risks and impact of not acting
  • the resource implications

For example:

Highlight charities that don't meet their reporting requirements
Refer to web advice and guidance or provide tailored advice
Grant permission or approve use of a charity's power
Wider communications activity
Other regulatory activity
Open a statutory inquiry

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