A group of MPs has called for a wider review of the Charity Commission’s powers and a “fundamental” change in its culture in a report that criticises its behaviour as part of a recent dispute with an ombudsman.
In the report, published today, the Public Administration and Constitutional Affairs Committee (PACAC) wrote that the government’s current consultation on the extension of the commission’s powers to tackle extremist abuse was a “positive first step”.
However, PACAC called for a “consultation with a wider focus” and urged a “fundamental refresh of the commission’s culture and operational approach”.
“The consultation should also seek to make an assessment of whether the commission is making the most effective use of its current powers,” the report says.
“A wider review is long overdue, and it is now pressing if the Charity Commission is to maintain both public and parliamentary confidence.”
Ongoing review into handling of sexual abuse cases
The commission apologised “unreservedly” in July this year after the Committee of Privileges found that it committed a contempt of parliament by seeking to block special reports from being laid before MPs.
The regulator had been referred to the committee after it sought a judicial review in September last year against the Parliamentary Health Service Ombudsman (PHSO).
While the judicial review was ultimately denied permission to proceed, the PHSO accused the commission of trying to prevent it from laying critical reports before parliament, which the charity regulator initially denied.
In its reports, the PHSO criticised the commission’s implementation of its previous recommendations regarding sexual abuse inquiries at two charities – one regarding the experiences of a woman named Lara Hall and another about a man named Damian Murray.
Most recently, the commission announced it had commissioned an independent, external review into its handling of Hall’s and Murray’s cases by senior judge Gary Hickinbottom.
This was welcomed in the PACAC report, who described it as a “positive development”, adding that they believed that Hall’s and Murray’s cases had raised questions over whether the commission had “sufficient boldness in exercising its existing powers” and the “powers it requires to regulate the charity sector effectively”.
In response to the latest PACAC report, Charity Commission chair Julia Unwin said:“The board fully accepts the committee's recommendations. We have long accepted errors in how we approached the two cases investigated by the Public Service Ombudsman and have apologised to both complainants.
“We have also apologised unreservedly to parliament for persisting with legal action in relation to the ombudsman's reports.
“We have already introduced a number of changes to the way in which we assess risk and communicate with those who raise concerns with us. An independent review into the way in which we handled the two cases is also underway, led by former appeal court judge Sir Gary Hickinbottom.
“We stand ready to implement any recommendations from that review, and in doing so will reflect carefully on the Committee's findings.”
Minister response to concerns
Separately, recently appointed civil society minister Vicky Foxcroft replied last week to a letter from Murray’s local MP, Fabian Hamilton, that had expressed concerns over the commission’s leadership.
In her response, seen by Civil Society, Foxcroft referenced the commission leadership’s previous apology in July but added that the government’s confidence in the commission “does not pre-empt the conclusions of ongoing scrutiny or review processes, including the work of PACAC and Sir Gary Hickinbottom's independent review”.
Foxcroft added: “It is important that these processes are allowed to reach their conclusions independently and in full.
“I expect the Charity Commission to give careful consideration to the findings and recommendations of parliament and the independent review, and to ensure that any lessons arising are embedded effectively across the organisation.”
