Briefing For Charities & Social Enterprises | 8 August

• Published date: 09 August 2023
• Subject Matter: Corporate/Commercial Law, Consumer Protection, Government, Public Sector, Charities & Non-Profits , Corporate and Company Law, Government Contracts, Procurement & PPP, Education
• Law Firm: Bates Wells
• Author: Ms Christine Rigby

Our weekly round up of news and updates from across the sector.

Charity Commission

New investment guidance

As you've probably heard, the Charity Commission has published an updated version of its guidance CC14, now called Investing charity money: guidance for trustees. Here are links to:

• The new guidance (including a legal underpinning) - the legal underpinning references the charity investment case in which Bates Wells acted citing it as "Butler-Sloss is now the leading case in this area, and this judgment is central to the basis for the Commission's guidance on investment by trustees."
• The Charity Commission's press release
• The outcome of the Commission's consultation on the draft guidance.

Bates Wells will now be working with a group of umbrella bodies to develop some sector led 'Charity Investment Governance Principles' which will either sit alongside, or be incorporated into, the Charity Governance Code and complement CC14 by being more specific and action-oriented.

Inquiry report

The Commission has published an inquiry report into Watch Tower Bible and Tract Society of Britain. Since 2007, the Commission has been engaging with Jehovah's Witness charities about safeguarding and child protection issues, leading to the opening of a statutory inquiry in 2014. Ultimately, the inquiry concluded that the Watch Tower is no longer the organisation directly responsible for the safety of Jehovah's Witness children. Responsibility for this area now rests with the Kingdom Hall Trust and the Commission says that it has opened a compliance case to work with the Trust to ensure that its safeguarding policies, guidance, and procedures provide a safe environment for beneficiaries within all JW congregations. The Commission was critical of the trustees for not being as helpful or cooperative as they could have been during the Inquiry, which included several challenges to the Commission by way of judicial review.

Inquiry opened

The Commission has opened an inquiry into the Have A Heart Foundation over serious financial concerns.

Data protection

ICO guidance "Likely to be accessed by children"

The ICO has updated its guidance, "Likely to be accessed" by children - FAQs, list of factors and case studies. The updated guidance includes additional information on why the ICO has not set a numerical threshold for assessing what a "significant number" of children is and some insight into whether the ICO would take regulatory action if an organisation interprets the list of...