Trustees failed to report child sex abuse allegation, Commission rules

28 Mar 2017 News

The Grail Trust's website

The Charity Commission has said there were serious governance failings at a charity which failed to report an allegation of child sex abuse at its partner charity in India, it said in an inquiry report published today.

The Commission has criticised the trustees of the Grail Trust over an allegation involving a person connected with the charity at a children’s home in India run by its partner GTI, which has since closed.

The charity raised funds for and provided financial support to GTI to run the home, with representatives of the charity periodically visiting the home.

The Commission opened a statutory inquiry, following an initial investigation when it was notified of the allegation in August 2011. The investigation examined how the trustees dealt with the allegation and the charity’s procedures and approaches to safeguarding.

The child sex abuse allegation is still being investigated overseas. The Commission had been awaiting the outcome of the criminal case, but given the time that has passed the Commission decided to conclude its own investigation.

The trustees told the inquiry that when the allegation was brought to their attention, they “did not believe it was appropriate to report it to the Commission, because they were not aware of any formal charges and the allegation appeared, in their view, to be malicious and unsubstantiated”.

The inquiry ruled that the trustees’ initial handling and response to the allegation was inadequate, and that “there were serious governance failures in the charity due to the trustees’ lack of proper oversight in relation to safeguarding measures and their failure to identify or report the allegation to the police or the Commission as a serious incident”.

The Commission said that trustees failed to fully understand that their safeguarding obligations extended to visitors to GTI, and that trustees failed to check that GTI had proper safeguarding systems and controls in place prior to working with them.

Trustees ‘risked public trust and confidence’

The Commission also concluded that the “trustees’ initial approach to the allegation, which had been reported in the international press, was not impartial and their handling of it risked public trust and confidence in the charity and the wider charitable sector”.

The Commission said that trustees “did not discharge their legal duties and responsibilities and there had been misconduct and mismanagement in the administration of the charity”.

Michelle Russell, director of investigations, monitoring and enforcement, said: “This is very concerning. It is another case where trustees do not take abuse allegations seriously nor ensure there are proper safeguarding protections in place to protect children.

 “Trustees have a duty to act in the best interests of the charity and this includes having adequate safeguarding policies in place and fully implementing them.

 “Many charities deliver charitable work through other charities and partners both here in the UK and overseas. Where that work and those organisations are involved with children, it’s important that the charity ensures the partner is not just capable of delivering that work, but has proper safeguarding measures in place. Trustees should therefore put in place proper monitoring of staff and volunteers and ensure safeguarding policies and procedures are in place at a local level.”

Trustees apologise

A statement from Grail Trust trustees said that it accepts the judgement from the Commission, “particularly in regard to safeguarding issues and an allegation against our former director, an allegation still unresolved in the Indian law courts”.

It continued: “We are very sorry indeed, on behalf of the charity that we seek to serve, the welfare of children in Tamil Nadu, that these criticisms have been made of us.”

Trustees said that they adopted an action plan, a risk management strategy and new safeguarding policies, also in cooperation with our Indian partner charity, Grail Trust (India), and with the Charity Commission.

They said: “We are a very different charity to where we were in 2011 when the allegation, still unproven, was made. We are no longer funding a children`s home but supporting an outreach programme for 100 disadvantaged children, for their maintenance and education. The relief of poverty and the promotion of education are our two objectives, and we continue to fund-raise and work with our Indian partners, Grail Trust (India), to fulfil these objectives.”

The Commission said it is now monitoring compliance with the action plan and is satisfied that the current trustees are now better aware of their safeguarding obligations and the need to protect the charity’s beneficiaries and its reputation.

 

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