(Version December 2012)
Regulatory Case Reports
What are regulatory case reports?
We publish regulatory case reports on non-inquiry work where there is significant public interest in the issues involved and the outcome, and where there are lessons that other charities can learn from them.
Where can we find regulatory case reports?
Regulatory case reports published in the last six months can be seen below under 'Recently Published Regulatory Case Reports'. After six months, reports are transferred into our archive. A list of them is published at 'Alphabetical list of Archived Regulatory Case Reports'. We can send you a copy of any archived report - please contact us.
In what circumstances will we publish a regulatory case report?
We will only publish a regulatory case report on the conclusion of non-inquiry cases where we decide that there is sufficient merit to do so. The fundamental criterion for deciding to publish a report will be whether it is in the public interest to publicise the outcome of the case. We have regard to the principles of best regulatory practice, including the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted at cases in which action is needed. In some cases we may publish an anonymised or summary report.
In deciding whether to publish a regulatory case report, we will make reference to the following criteria:
- whether publicising the wider issues or lessons from the case will have a significant positive impact on charity beneficiaries, donors and the wider sector
- the extent of the charity's public profile and its impact or influence in the sector
- the extent of media and/or parliamentary or local community interest in the case
- whether there is a public expectation that we state our position on an issue of public concern or interest
- whether public confidence in the integrity of charity will be affected (positively or negatively) by the outcome of the case
- whether there is a need to set the record straight about events in the case
- whether it is considered appropriate to censure a charity or other organisation publicly for its actions
It is unlikely that one single criterion from this list will justify the publication of a report. Instead, they are applied as a framework for deciding whether to publish. Other criteria may arise in the future.
Are there circumstances where the Charity Commission will never publish a report?
We will not publish a report where doing so could:
- have an acute detrimental impact on a particular individual or group of individuals, (for example, risk to personal safety)
- contravene or prejudice requirements for confidentiality or where there is commercial sensitivity or a risk to National Security
- cause severe prejudice to the charity and/or its beneficiaries and is not in the best interests of the charity
- contravene the Commission's duty to use its resources in the most efficient, effective and economic way
- or it is not in the public interest to warrant publication
There may also be occasions where the Commission delays the publication of a regulatory case report or publishes an interim report until a final report can be published. The circumstances in which the Commission delays the publication of a report, or produces an interim report, are as follows:
- publication is likely to prejudice the operations / investigations of a law enforcement acency or other regulator
- the Commission requires the trustees to complete certain actions within a specified timeframe
- publication is likely to prejudice ongoing or pending legal proceedings
How will charities know that we intend to publish a regulatory case report?
The publication of a regulatory case report in non-inquiry casework will be the exception rather than the norm. When the decision is taken to publish a report at the end of a case we will notify the charity concerned and any other interested parties. The charity and, where appropriate, other affected parties will also be given the opportunity to comment on the factual accuracy of the report prior to publication.
When it is published, and if it is appropriate to do so, it will also be drawn to the attention of any other interested individuals or organisations who have expressed an interest in the case.
Recently published regulatory case reports:
|Report (listed in alphabetical order by Charity name)
No reports at present
Alphabetical list of archived regulatory case reports (more than six months old)