Charities and Governance Complaints

Legal advice should be sought where concerns have been raised about governance, regulatory compliance, board conduct, internal decision-making or where a complaint has been made or threatened to the Charities Regulator or another oversight body.

These matters can involve overlapping governance, employment, protected disclosure, data protection and reputational issues. Early advice can help clarify the organisation’s obligations, protect the position of individuals involved and establish a coherent response strategy.

Our solicitors advise charities, trustees, directors, office-holders and senior executives on contentious governance and regulatory matters.

We assist with responding to complaints, reviewing governance procedures, advising on internal investigations, managing regulatory correspondence and dealing with related employment, protected disclosure, data protection and reputational issues.

Our focus is on protecting the legal position of the client while helping to manage the wider organisational, regulatory and reputational consequences of the matter.

Our solicitors' experience includes:

Advising office-holders and organisational leaders on complaints to regulatory bodies.
Advising on complaints and correspondence involving the Charities Regulator.
Advising on internal governance and board disputes.
Advising on protected disclosures arising in organisational settings.
Advising on data protection and access requests connected with governance disputes.
Advising on reputational and defamation issues arising from internal or external complaints.
Advising on overlapping employment, governance and regulatory matters.
Developing litigation and response strategy where multiple complaints or proceedings arise from the same underlying dispute.

Can a complaint be made to the Charities Regulator?

Yes. Complaints or concerns may be raised regarding the governance, administration or regulatory compliance of a charitable organisation. The appropriate response depends on the nature of the complaint and the issues involved.

What should a charity do when a complaint is received?

The organisation should identify the nature of the complaint, preserve relevant records, consider applicable governance procedures and determine whether legal or regulatory obligations require further action.

Can individual trustees or office-holders need separate advice?

Yes. In some disputes, the interests of individual trustees, directors or office-holders may differ from those of the organisation and separate legal advice may be appropriate.

Can a governance complaint overlap with a protected disclosure?

Yes. Concerns about governance, wrongdoing or regulatory compliance may also involve the protected disclosures framework depending on the circumstances.

Can data protection issues arise during an investigation?

Yes. Internal investigations and regulatory complaints frequently involve emails, records, personal data, access requests and confidentiality issues.

Can reputational issues arise from regulatory complaints?

Yes. Governance and regulatory disputes may have significant reputational consequences for both organisations and individuals, particularly where allegations become known outside the organisation.

REPUTATION AND REGULATORY DISPUTES

CHARITIES AND GOVERNANCE COMPLAINTS

WHEN SHOULD LEGAL ADVICE BE SOUGHT?

KEY ISSUES IN CHARITIES AND GOVERNANCE COMPLAINTS

How o'Regan little solicitors llp can help

Representative experience

frequently asked questions