The Charity Commission is “at the very best sceptical and at worst hostile to charity campaigning,” according to Rosamund McCarthy, charity lawyer and partner at Bates Wells Braithwaite.

Speaking at the Charity Law Association conference in London last week, McCarthy (pictured) raised concerns about comments made by new Charity Commission chief executive Paula Sussex last Tuesday, that charities should not be given the “benefit of the doubt”.

“I am concerned that Paula Sussex believes that charities can no longer be given the benefit of the doubt,” said McCarthy. “Most charities are led by volunteer trustees, struggling in good conscience to do their best. If individuals feel that all they are going to get from being a trustee is grief from the Charity Commission and potential legal liability, this is going to drive a coach and horses through volunteering.

“Trustees have a legal defence if they have acted honestly and ought reasonably to be excused, so the Commission should start by giving charities the benefit of the doubt, the exact opposite of what Paula Sussex is saying,” she said.

McCarthy said that problems could arise in the run-up to the general election if the Electoral Commission receives complaints about a charity campaign being too party political and the Charity Commission consequently exercises its investigative and regulatory powers.  

“The upcoming election is likely to be closely fought and I think there may be complaints from both left and right of the political debate. So it is very, very important that the Charity Commission acts reasonably and proportionately,” she said.
 
“I do believe that the Charity Commission should take into account the problems of complaints, many of which will be party political point-scoring and not from the wider public.

"My concern is that some members of the board of the Commission are at the very best sceptical and at worst hostile to charity campaigning.”

Sussex told delegates at the Charity Finance Summit in London last Tuesday that the Charity Commission is now focusing on “robust regulation” and will not allow charities the benefit of the doubt.

She said the under her watch, the regulator is becoming “tougher, smarter, more agile and more proactive”.