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Charity Governance Advice

Charity Governance Advice

Strong governance underpins effective decision-making, regulatory compliance and the long-term success of a charity. For trustees, however, governance can sometimes feel like a balancing act. Increasing regulation, public scrutiny and the day-to-day demands of running a charity can make it difficult to know whether your arrangements are working as they should or what action needs to be taken when an issue arises.

At Ellis-Fermor & Negus, we provide practical governance advice to charities and trustees across England and Wales. We help trustees understand their responsibilities, make informed decisions and deal with governance issues in a way that is proportionate to the charity and its circumstances.

Our advice can cover a wide range of governance matters, from trustee roles and responsibilities and conflicts of interest to Board decision-making, governing documents, policies and procedures. We can also advise when a charity is facing a particular governance challenge or when trustees need an experienced legal perspective before making an important decision.

We understand that good governance is not about creating unnecessary bureaucracy. It is about putting sensible structures and processes in place that help trustees run the charity effectively, protect its interests and demonstrate that decisions are being made properly.

Whether you are establishing a new charity, reviewing existing arrangements or dealing with a specific governance concern, we can provide straightforward advice tailored to your organisation.

Our aim is simple: to give trustees the confidence to make good decisions, manage risk and govern their charity effectively, without adding unnecessary complexity to the way it operates.

 

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ben.bourne@ellis-fermor.co.uk

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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 many hundreds of charities on governance, compliance, and regulatory matters. He is a member of the Charity Law Association and has extensive experience supporting trustee boards through governance reviews, structural changes, and regulatory challenges.

Clients value Ben’s measured, approachable style and his ability to provide reassurance while addressing risk head-on.

Why choose Ellis-Fermor & Negus?

Experienced Charity Clerk support for trustees and Boards

Expertise across local, regional, and national charities

Clear, practical governance and compliance advice

Proportionate, cost-effective service models

A consistent, reliable point of contact

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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.

Charity Governance – Frequently Asked Questions

Charity governance is not static. As charities grow, change, or face new challenges, governance arrangements that once worked well can become unclear or outdated.

You may be:

  • Unsure whether your current governance structure remains appropriate
  • Concerned about trustee responsibilities or personal liability
  • Managing organisational change, growth, or collaboration
  • Seeking reassurance around decision-making and compliance
  • Responding to funder, auditor, or Charity Commission expectations

If your governance arrangements feel uncertain, burdensome, or overly complex, we can help you review and strengthen them.

We provide clear, sensible governance advice tailored to the size, structure, and purpose of your charity. We advise both local community charities and larger regional or national organisations.

Our governance support regularly includes advice on:

  • Trustee duties, responsibilities, and potential liabilities
  • Incorporating charitable trusts and unincorporated associations to limit personal risk
  • Good governance practice, policies, and decision-making frameworks
  • Appointment, retirement, and removal of trustees
  • Employing trustees and managing conflicts of interest
  • Trustee-led and member-led structures – benefits and risks
  • Joint working and collaboration between charities and voluntary organisations
  • Charity mergers, restructures, and hive-offs
  • Dissolution and orderly closure of charitable activities

Our advice is always focused on what works in practice, not just what looks good on paper.

Good governance is about clarity, accountability, and proportionate controls. We help charities by:

Reviewing Your Current Governance

Assessing governing documents, structures, and decision-making processes.

Identifying Risks and Gaps

Highlighting areas of potential trustee liability, regulatory risk, or operational inefficiency.

Recommending Practical Improvements

Providing proportionate solutions aligned with Charity Commission guidance and your charity’s reality.

Supporting Implementation

Helping trustees adopt new structures, policies, or procedures with confidence.

Effective governance supports:

  • Regulatory compliance
  • Confident, informed trustee decision-making
  • Clear accountability and transparency
  • Organisational resilience and sustainability
  • Public, beneficiary, and funder trust

Poor governance, by contrast, can lead to:

  • Charity Commission scrutiny
  • Reputational damage
  • Funding difficulties
  • Operational disruption
  • Unnecessary personal risk for trustees

Strong governance is a safeguard—not a burden.

Our recent work includes:

  • Incorporating trusts and unincorporated charities into CIOs and charitable companies
  • Drafting governance policies, including conflicts of interest, data protection, and financial controls
  • Advising on trading subsidiaries and group structures
  • Seeking Charity Commission consent to amend charitable objects
  • Filing administrative and constitutional changes with the Charity Commission

This experience allows us to offer real-world, pragmatic advice rather than theoretical solutions.

Trustees are responsible for ensuring the charity is run in accordance with its governing document and charity law, managing resources responsibly, and acting in the charity’s best interests at all times.

Personal liability depends on the charity’s legal structure and governance. Incorporation and good governance practices can significantly reduce trustee risk.

Employing trustees is possible only in limited circumstances and requires careful structuring. Charity Commission guidance must be followed to manage conflicts and regulatory risk.

Governance should be reviewed when a charity grows, changes activities, collaborates with others, experiences funding changes, or sees significant trustee turnover.

Weak governance can lead to operational problems, loss of funding, regulatory scrutiny, and damage to public and trustee confidence.

Yes—but governance should be proportionate. We help smaller charities adopt structures that are compliant without being overly complex.

Speak to Us About Charity Governance

If your charity or trustee board would benefit from clear, practical governance advice, we would be happy to help.

• Phone: 0115 922 1591

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

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