Regulator issues official warning to trustee of housing charity

The Charity Commission has issued an official warning to a trustee of a charity which operates in Birmingham to provide social housing accommodation due to a breach of trust and legal duties.

Expectations (UK) has been subject to a regulatory compliance case since August 2017 due to concerns about its governance and the viability of the charity.

The regulator said the warning comes after trustee Marc Blanchette failed to cooperate with the commission and failed to comply with two formal ‘Action Plans’ previously issued.

The commission says it is concerned by “serious governance issues” within the charity and has advised of the need to strengthen the board to bring additional skills and expertise into the charity.

The Charity Commission’s previous advice required the trustee to provide a business plan as evidence of its short and long term financial viability to provide the service and manage debts.
It sais that despite several requests, that plan was not provided.

The regulator is also concerned about decision-making around an emergency loan provided by a company whose director is an associate of a former trustee. The decision to accept the loan was not documented, and so it is unclear whether the conflict of interest and/or loyalty was identified and properly managed.

The charity is also in breach of its statutory duty to file an annual return and accounts for the financial years ending March 2016 and March 2017.

It has also provided the commission with information that was inconsistent with that provided to another regulator also engaged with the charity, the commission said.

However, it said it is “encouraged” to see that steps have been taken to address its governance concerns, and that five new trustees have recently been appointed to the charity’s board.

Tracy Howarth, head of regulatory compliance at the Charity Commission, said: “The public, and those that rely on the vital support of charities, expect high standards of integrity and accountability from those that run charities. This trustee has failed to live up to those standards, exposing their charity to serious uncertainty and risk. This warning should serve as a reminder to all charity trustees that their work is of high importance, and that they will be held to account for compliance with their legal duties and regulatory advice.”

She added: “We want to see all charities thrive, so I welcome the arrival of new trustees at Expectations UK. This should signal a watershed moment for the charity, and I expect the new board to take swift steps towards tightening its governance and management. Charity trustees should at all times consider the needs of their beneficiaries, and be driven by their charitable purpose and mission in everything they do.”

The regulator said it will be engaging with the new trustees, as well as Blanchette, as part of its ongoing case.

It said any further breaches of charity law or regulatory advice would be “of serious concern” to the commission.