News

OSCR plans removal of charity that 'threatens sector's reputation'

Governance | Niki May Young | 20 Aug 2012

The Office of the Scottish Charity Regulator (OSCR) has taken steps to remove Help and Improvement of Children in Africa from its register as its continuation is "likely to result in public disbenefit".

The charity registered with OSCR on 19 August 2011 with the object to "provide clothing for children in West Africa who are affected by war, poverty, sickness and disease". But by November OSCR had received information regarding one of its trustees' ineligibility to be a trustee, because they had a prior conviction.

OSCR opened an inquiry at that time and advise that "initial inquiries identified potential concerns about the control and management of the charity". OSCR instructed trustees on 16 February not to undertake any activities on behalf of the charity for a six-month period while it continued its inquiry and sought reassurance that the trustees, none of whom have been named, were aware of their duties.

But the inquiry found breaches of statutory trustee duties amounting to misconduct and trustees did not cooperate with the inquiry or provide requested information on its previous and planned activities. Subsequently OSCR concludes that "public disbenefit is likely to arise and our intervention is necessary to prevent reputational damage to the charitable sector".

The charity will lose its charitable status on 5 September unless it requests a review by OSCR of its decision before then. The regulator advises that its inquiries are ongoing and so it would not be "appropriate" for further information to be provided at present.

However, the inquiry report refers to section 69(2)(a) of the Charities and Trustee Investment (Scotland) Act, which disqualifies a person from being a trustee if they have been convicted of an offence involving dishonesty or an offence under the Act.

Directory: Office of the Scottish Charity Regulator (OSCR)