The Charity Commission has issued an official warning to a British charity that supports Israeli soldiers and their families over a “distressing” video it shared on social media.
The commission revealed this week that it issued the UK Friends of the Association for the Wellbeing of Israel’s Soldiers with the warning on 9 June after finding that the trustees had breached their legal duties.
As part of an ongoing compliance case, the commission found that the trustees were responsible for misconduct and/or mismanagement due to the charity not having any policies or procedures in place around its website and social media platforms.
The regulator initially opened a case into the charity following concerns that it was fundraising for military support for the Israeli Defence Forces (IDF).
While it found no evidence that funds had been misapplied outside of the charity’s stated objects, the regulator became aware of a video which appeared to show someone being killed.
It found that the video, posted on the charity’s website and YouTube channel, did not depict a killing but was nonetheless “distressing”.
Lack of oversight from trustees
The regulator found that the charity’s trustees had outsourced responsibility for its website to a former executive director of the charity who provides consultancy services to the charity and a PR agency.
As such, trustees allowed the video and other material to be shared on the charity’s website without reviewing “whether it was appropriate or in furtherance of the charity’s objects”.
The commission said the trustees delegated responsibility to the consultant and agency without exercising an adequate level of oversight.
“While the charity follows guidance of a third-party, the commission considers this to be insufficient, not least because the third-party isn’t a charity regulated by the commission (or operating within the same jurisdiction), and won’t therefore follow the same legal framework or the commission’s guidance on charities and social media,” it said.
It concluded that the trustees had failed to act in the charity’s best interests and manage its resources responsibly by exposing its reputation to “unnecessary risk”, which is a breach of trust or duty.
Trustees ordered to implement social media policy
The commission ordered the charity to take several actions by 9 December including completing a review of the charity’s other media to ensure that it is appropriate, as well as ensuring that all publications on its website or social media accounts are in furtherance of its objects.
It expects the trustees to familiarise themselves with the commission’s guidance on social media and provide evidence of this, as well as approve and implement an adequate social media policy and submit it to the regulator for review.
Joshua Farbridge, head of compliance visits and inspections at the Charity Commission, said: “While the commission accepts that trustees may delegate certain activities, they remain responsible for their charity – and we’d expect a level of oversight that enables them to fulfil their statutory duty to ensure all activities are in line with their charity’s purposes.
“This case demonstrates the importance in having robust social media policies and carrying out sufficient due diligence.
“Such safeguards could have prevented the sharing of distressing and inappropriate content.”
Charity’s response
In response, a spokesperson for the UK Friends of the Association for the Wellbeing of Israel’s Soldiers said: “The case was opened by the Charity Commission as a result of an unfounded third-party complaint that the charity might be fundraising for military support for the IDF.
“The commission found no evidence for that suggestion and duly rejected it.
“The only issue of any concern arising from the commission’s enquiries was a video which had been published on the charity’s website.
“That video had appeared prior to October 2023 and had nothing to do with the events which then ensued.
“It was, however, considered open to an interpretation which the trustees themselves would never have intended nor wanted, and in any event, it was withdrawn immediately it was drawn to their attention.
“Naturally, the trustees regret that the commission found it necessary to give any such decision at all, and they’re confident that it’ll be read within the very limited context in which it was made.”
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