The Charity Commission has launched a statutory inquiry into GiftingHumanity after the charity failed to act on a legal Order issued by the regulator
GiftingHumanity was set up to provide relief and assistance to homeless people and victims of natural, or other kinds of disaster.
The charity was already under investigation as part of the Commission’s ‘double defaulters’ class inquiry, after the charity failed to supply financial accounts for five consecutive financial years.
In December 2023, the Commission issued an Order requiring the charity to file all outstanding financial information. The trustees failed to comply with the Order and the financial information remains outstanding. This amounts to misconduct and/or mismanagement in the administration of the charity.
The charity is also currently operating with an insufficient number of trustees, which is in breach of its governing document.
On 13 September 2024 the Commission escalated its engagement to a separate statutory inquiry which will examine the extent to which the trustees are complying with their legal duties in respect of the administration, governance, and management of the charity and in particular:
The trustees’ compliance with their legal obligations for the content, preparation and filing of the charity’s accounts and annual returns.
The extent to which the trustees have complied with previously issued regulatory guidance.
If the charity has a sufficient number of trustees who are willing and capable of managing it and have managed it in accordance with its governing document.
The extent to which any failings or weaknesses identified in the administration of the charity during the inquiry are a result of misconduct and/or mismanagement by the trustees.
The Commission may extend the scope of the inquiry if additional regulatory issues emerge.
ENDS
Notes to Editors
The Charity Commission is the independent, non-ministerial government department that registers and regulates charities in England and Wales. Its ambition is to be an expert regulator that is fair, balanced, and independent so that charity can thrive. This ambition will help to create and sustain an environment where charities further build public trust and ultimately fulfil their essential role in enhancing lives and strengthening society. Find out more: About us - The Charity Commission(www.gov.uk)
On 13 September 2024, the Charity Commission opened a statutory inquiry into the Charity under section 46 of the Charities Act 2011.
A statutory inquiry is a legal power enabling the Commission to formally investigate matters of regulatory concern within a charity and to use protective powers for the benefit of the charity and its beneficiaries, assets, or reputation. An inquiry will investigate and establish the facts of the case so that the Commission can determine the extent of any misconduct and/or mismanagement; the extent of the risk to the charity, its work, property, beneficiaries, employees or volunteers; and decide what action is needed to resolve the concerns.
On 29 November 2023, the Commission placed the charity into the Double Defaulter Class Inquiry for charities that are in default of their statutory obligations to meet reporting requirements by failing to file their annual documents (annual returns, reports and accounts) for two or more years in the last five years.