The former trustees of a now-closed charity that privately prosecuted people abusing animals have been criticised following an investigation.
Animal Protection Services closed after the Charity Commission opened a statutory inquiry in 2022.
The commission’s inquiry opened after the charity, registered in 2019, was criticised by a judge in 2021 for pursuing private prosecutions “with no evidential basis” and “for wholly improper reasons and purposes”.
In its inquiry report, published today, the commission concluded that there had been misconduct and/or mismanagement in the administration and governance of the charity.
This included the trustees’ failure to keep adequate records of key decisions and legal advice relating to the private prosecutions and the fact that they did not demonstrate sufficiently informed, collective and objective decision-making
It said the charity failed to appropriately manage and document conflicts of interest and loyalty in relation to trustee and former trustee remuneration.
The commission also found that the charity did not evidence that payments and employment arrangements represented an appropriate and authorised use of charitable funds and avoided unauthorised direct or indirect private benefit.
As part of its regulatory action, the commission provided advice and guidance to the former trustees on the issues identified in this report.
‘Severe reputational damage’
Brian Wilson, head of high-risk compliance at the commission, said: “Our inquiry found that the trustees of Animal Protection Services failed to keep adequate records of key decisions and legal advice relating to its private prosecutions, and could not demonstrate informed, collective and objective decision-making.
“The charity sustained severe reputational damage following criticism of legal action taken on its behalf and ultimately, it was unable to recover, despite efforts to rectify some of these matters.
“As part of our inquiry, we provided the charity with advice on closure. It has since been removed from our register.
“This case should serve as a reminder to trustees everywhere: document your decisions, keep hold of the advice you rely on, and put safeguards in place to manage risks that can arise when undertaking complex activities.”
