The Charity Commission is challenging the legality of an ombudsman’s decision that it failed to implement some of its recommendations in two cases scrutinising its sexual abuse inquiries at separate charities.
Yesterday, MPs unanimously agreed that reports by the Parliamentary and Health Service Ombudsman (PHSO) into how well the commission has implemented its previous recommendations regarding sexual abuse inquiries at two charities should be published.
Over the past 18 months, PHSO published two reports – one regarding the experiences of a woman named Lara Hall and another about a man named Damian Murray – both of which criticised the commission’s response to their complaints and recommended actions to improve.
The commission has lodged a judicial review over the PHSO’s critical reports, questioning its authority to make such recommendations and the regulator’s power to implement them.
However, the commission denied blocking the publication of the PHSO’s upcoming reports on its implementation of the recommendations, despite MPs alleging it had done so.
Commission ‘acted perversely’ through legal challenge, says MP
Simon Hoare, chair of the Public Administration and Constitutional Affairs Committee (PACAC), successfully put forward a motion yesterday compelling the reports into the commission’s response to the PHSO’s recommendations to be laid before parliament.
“We will look at those reports and advise accordingly, if necessary. I make no prior judgment of whether the PHSO or the Charity Commission has got it right in this instance, because we have not seen the reports,” he said.
“However, it fundamentally undermines the rights and privileges of this place, and all of us as members, when we are prevented from seeing reports that have been produced following due diligence and proper investigation and inquiry by a statutory body and the ombudsman, who is a servant of the house.
“Because there is concern, which I share, that the Charity Commission has acted perversely in bringing legal proceedings that would prevent the laying of the reports, the second part of the motion seeks to refer that action to the Committee of Privileges so that it can take a look.”
Commission: PHSO’s approach ‘undermines our ability to regulate’
A Charity Commission spokesperson said: “The commission is challenging a PHSO decision that we have failed to implement some of its recommendations in two specific cases.
“We are concerned that PHSO’s approach expects us to act beyond our legal remit, at odds with parliament’s intentions, and undermines our ability to regulate independently and effectively.
“We sought to resolve these matters without the need for legal proceedings but have been forced to put these matters beyond doubt, for the benefit of both organisations in fulfilling our respective public duties. We are therefore seeking the guidance of the High Court via a public law challenge.
“We welcome proper parliamentary scrutiny of our role and have not asked the courts to prevent PHSO from laying any report before it. We had previously invited PACAC to delay its consideration of any report from PHSO related to this case, pending the outcome of these legal proceedings.
“We are mindful this matter has arisen from complaints of difficult personal experiences related to charities. We accepted there are some genuine lessons for the commission to learn from these two sensitive cases, and we have made improvements to the way we communicate with complainants.”
A spokesperson for PHSO said: “We are aware of the motion approved in parliament.
“We will comply with the motion and aim to do so next week. When we do so we will, in accordance with our usual process, give more detail about the context.”
