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Charity Commission Complaints

Specialist legal support for charities and trustees

Charities and trustees play a vital role in maintaining public trust. When concerns are raised with the Charity Commission, however, even a well-run charity can find itself facing difficult questions. Whether the issue involves a complaint, regulatory compliance case or statutory inquiry, Charity Commission scrutiny can feel daunting, disruptive and potentially damaging to the charity’s reputation.

For trustees and senior managers, knowing how to respond can be challenging. There may be uncertainty about what information needs to be provided, how concerns should be addressed and what the Charity Commission may expect from the organisation. A poorly judged response can create further questions or concerns, while failing to engage appropriately can make matters more difficult.

At Ellis-Fermor & Negus, we advise charities, trustees and senior management teams across England and Wales when they are facing Charity Commission scrutiny. We understand that these situations can be stressful, particularly when trustees are concerned about their personal responsibilities, the charity’s reputation or the potential consequences for the organisation.

We can help you understand the concerns being raised, assess the position and develop a proportionate and carefully considered response. Where appropriate, we can assist with communications and submissions to the Charity Commission, help trustees understand their responsibilities and advise on practical steps to address any underlying governance or compliance issues.

Our approach is calm, strategic and focused on resolving the situation constructively. We consider the wider implications for the charity and its trustees, helping you protect the organisation’s position and strengthen its governance where necessary.

If the Charity Commission has raised concerns about your charity, early legal advice can make a real difference. We can help you understand what is happening, what needs to be done and how best to move forward.

 

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‘Ben provided me with excellent advice and dealt with my matter swiftly and efficiently.’

Ben Bourne

Director and Solicitor

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Who Can Help?

Ben Bourne – Director and Solicitor

Ben Bourne is an experienced solicitor who advises hundreds of charities on governance, compliance, and regulatory matters. He is a member of the Charity Law Association and has extensive experience assisting charities where there have been:

  • Financial mismanagement concerns
  • Conflicts of interest
  • Invalid or improper decision-making
  • Safeguarding issues
  • Improper disposal of charity assets (including property)
  • Failure to act in accordance with governing documents

Clients value Ben’s measured, calm approach and his ability to guide trustees through difficult regulatory situations with clarity and confidence.

Why choose Ellis-Fermor & Negus?

We are committed to helping charities continue their vital work while meeting regulatory expectations.

Proven experience advising hundreds of charities and not-for-profits

Specialist knowledge of Charity Commission processes and expectations

Sensitive handling of reputational and governance issues

Clear, transparent fee structures

Calm, pragmatic advice focused on outcomes

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Reviews, what our clients are saying…

I had no difficulty understanding what was needed to successfully reach the end goal. I was advised throughout the process what steps I needed to take. The information was relayed clearly and in a friendly way which is what I needed during a period of uncertainty. Thank you to Ben and Eliza especially.

Really quick response from my initial query on the website, which was appreciated. Everything was actioned quickly with not prompting or reminders required. Really impressed with my first experience of E-F&N and Ben.

Frequently Asked Questions

The Charity Commission is the regulator for charities in England and Wales. It may become involved where it receives a complaint, identifies regulatory concerns, or believes there may be mismanagement or misconduct.

Not all complaints lead to action—but early responses matter.

We regularly advise charities of all sizes—local, regional, and national—facing:

  • Complaints made to the Charity Commission
  • Regulatory compliance cases or ongoing monitoring
  • Statutory inquiries or formal investigations
  • Requests for information, explanations, or action plans
  • Allegations of mismanagement or misconduct
  • Governance, safeguarding, or financial control concerns
  • Trustee duties, conflicts of interest, or decision-making issues

Many charities encounter regulatory scrutiny through no deliberate wrongdoing. How trustees respond at an early stage is often critical in preventing escalation.

We understand that most trustees want to do the right thing and may be dealing with the Charity Commission for the first time. Our approach is:

  • Practical and proportionate – focused on resolving issues efficiently
  • Clear and supportive – helping trustees understand duties and options
  • Strategic – protecting both the charity’s future and its reputation
  • Experienced – grounded in deep knowledge of charity law and regulation

We work collaboratively with trustees and senior staff, recognising the operational and emotional pressures charities face during regulatory scrutiny.

Charity Commission involvement usually falls into one of three stages:

  1. Initial Complaint or Concern

The Commission may receive a complaint from:

  • A member of the public
  • A beneficiary
  • A disgruntled trustee or former employee
  • A whistle-blower

Not all complaints are well-founded, but they must still be handled carefully.

  1. Regulatory Compliance Case

This is typically an informal engagement, where the Commission seeks reassurance that trustees:

  • Understand the issue
  • Are acting appropriately
  • Have controls and governance in place

Many matters can be resolved at this stage with clear explanations and proportionate action.

  1. Statutory Inquiry

A statutory inquiry is a formal investigation with wider legal powers. While more serious, it does not automatically mean wrongdoing has been proven. Early advice can still significantly influence scope, duration, and outcome.

Our support can include:

  • Early assessment of complaints and regulatory risk
  • Advising whether, when, and how to engage with the Charity Commission
  • Drafting clear, accurate, and carefully framed responses
  • Supporting internal reviews and governance improvements
  • Assisting with remedial action plans and compliance steps
  • Advising trustees on personal duties and potential liability
  • Acting as a point of contact with the Charity Commission where appropriate
  • Supporting charities through the conclusion of investigations and beyond

Wherever possible, we aim to resolve matters without escalation, minimising disruption and cost.

We help trustees to:

  • Understand their legal responsibilities clearly
  • Make defensible, well-documented decisions
  • Demonstrate compliance and good governance
  • Avoid unnecessary admissions or escalation
  • Move forward with clarity and confidence

Our role is not just legal—it is also about reassurance, structure, and perspective.

Common complaints relate to:

  • Governance or trustee decision-making
  • Financial management or use of funds
  • Conflicts of interest
  • Safeguarding
  • Breaches of governing documents
  • Allegations of misconduct

Some complaints are valid; others are misconceived or vexatious.

A regulatory compliance case is usually informal and information-gathering.
A statutory inquiry is a formal investigation with enforcement powers.

Early legal advice can often prevent escalation.

Often, yes. While trustees act collectively, investigations may raise individual questions about duties or conflicts. Independent advice helps trustees understand and protect their position.

Some communications are straightforward, but poorly framed responses can increase concern. Legal advice helps ensure responses are accurate, proportionate, and aligned with regulatory expectations.

Yes. Many matters are resolved through:

  • Clear explanations
  • Improved governance
  • Agreed action plans

Early, strategic engagement is key.

Depending on the case, the Commission may:

  • Require documents or explanations
  • Issue advice, warnings, or directions
  • Suspend or remove trustees
  • Appoint interim managers

Understanding these powers helps trustees respond appropriately.

Timescales vary widely—from weeks to many months. Clear engagement and structured responses can help keep matters focused and proportionate.

Not necessarily. Careful handling, confidentiality, and evidence of good governance can significantly reduce reputational risk.

You should consider legal advice:

  • As soon as a complaint is received
  • When contacted by the Charity Commission
  • If trustees have governance concerns
  • Before responding to formal information requests

Early advice is usually more effective—and more cost-efficient.

Contact Us

If your charity or trustees are facing a complaint or Charity Commission scrutiny, early support can make all the difference.

• Phone: 0115 922 1591

• Email: ben.bourne@ellis-fermor.co.uk

Get confidential advice on Charity Commission matters today

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