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Charity Commission statement in response to riots and public disorder

Source: The Charity Commission published on this website Thursday 8 August 2024 by Jill Powell

Charities are at the heart of communities across the country and have always been part of the solution to division and hatred. They offer hope and unity, bringing communities of place, faith, and interest together, and they build bridges. Many have been already and are responding to the violence with courage and optimism. 

But despicably, charities in turn are not immune from becoming targets for, or affected by, violence and aggression. Mosques and other charitable places of worship have been targeted, and other charities have become victims of mindless vandalism. Some charity leaders now face tough choices, weighing up the importance of their day-to-day activities against the challenges of keeping beneficiaries, staff, volunteers and premises safe from harm. 

As regulator, the Commission recognises that some charities are responding to unfamiliar circumstances and unclear risks. What matters is that trustees make decisions in good faith, guided by their charity’s best interests and act reasonably on the information available.

The Commission provides guidance that can help trustees, who know their charities, communities, and circumstances best, make good decisions. As the regulator we stand by charities as they navigate this challenging time and stand ready to support them as they do what they do best - bring communities together, protect society’s most vulnerable and work to make our country and world a better place.

David Holdsworth, Chief Executive of the Charity Commission, said:

I want to thank all those trustees, staff and volunteers who over recent days have countered hate with unity and hope, whether in word or action. This is one of those times in our country when charities demonstrate the difference they make in communities and the ways in which they strengthen our society. You have my thanks, and my support.

As your regulator, we are here to guide and support all charities, and ensure that you know where to turn when you need support. I encourage trustees to use our guidance, reach out to our contact centre or use some of the sectors umbrella bodies and other sources of advice.

Commission guidance and support  

Some charities will have a plan in place in the event of incidents, and their trustees should draw on that plan as appropriate including reviewing it in light of current events.

The Commission’s safeguarding guidance includes a section on how to handle and report incidents and concerns, which includes advice to:

  • follow your protecting people and safeguarding policies and procedures
  • act quickly, ensuring you stop or minimise any further harm or damage
  • report it to all relevant agencies and regulators when required
  • plan what to say to those involved with your charity and the media if appropriate

Charities will wish to keep the security and safety of their staff, visitors and premises under regular review and consider whether further protective measures are necessary. Trustees know their communities and areas best and are therefore the best people to assess and respond to any increased risks.

It is also important to remember that police and other services are actively monitoring the situation across the country and regularly assessing risks and threats and responding appropriately. Monitor official social media channels of police forces and government bodies for accurate and up to date information to support your assessments and decision making. With significant disinformation circulating its important to check sources of information and rely only on official or other trusted channels of communication avoiding speculation or rumours.

However, we recognise given the moving nature of events and unique situation this may not be easy. We also recognise that not every scenario can be planned for or mitigated against and reviews and mitigations should be proportionate and will be different for each organisation and situation.

Some things to consider as you review your current operating practices and safety measures could be:

  • are you operating in an area which has seen or is at risk of unrest? If so and you wish to continue to operate what changes could be made to mitigate any risk to your staff, visitors or beneficiaries?
  • have you reviewed the entry points to your property for weaknesses should there be unrest? Can you restrict access/improve secure entry to the property?
  • are different entrances available?
  • do you have alternative exit routes from the property if required? Are these clear and communicated to staff visitors on arrival?
  • should an incident occur do you have a clear procedure in place for what staff / visitors should do to stay safe? Is everyone briefed on this procedure and is it clear who will issue instructions should an incident occur?
  • do you need to have first aid trained staff or volunteers onsite?
  • have you contacted the local police force community liaison team to agree contact points for sharing of specific risks or to seek specific advice and guidance on operating?

Some risks may be specific or time bound such as an alert from police of a specific risk / threat based on their monitoring of social media or intelligence. You may therefore want to consider:

  • who in your charity / how your charity continually reviews the latest advice, guidance or alerts from police forces or other local authorities including monitoring of social media channels
  • if you are at higher risk do you need a procedure at the start of each day to assess risk and a clear channel or method to communicate with staff or beneficiaries prior to start of operations on whether or not they should attend site
  • ensuring you have a clear process or nominated person responsible for acting upon any urgent alert or risk

Charities should not hesitate to call emergency services if their staff, volunteers or beneficiaries face abuse, feel threatened, or are in danger.

In response to the recent violent disorder and online rhetoric threatening mosques around the country, the Home Office is offering mosques greater protection with new emergency security that can be rapidly deployed. 

In the current unique circumstances, charities may find it helpful to remind themselves of the basic principles of good decision making, set out in core guidance.

Misinformation is spreading across social media, and charities should avoid sharing any content without ensuring it is from an official or verified resource. There is further advice in our social media guidance.

Trustees can contact the Commission directly if they need support on 0300 066 9197. Some charities may consider it necessary to submit a serious incident report to the Commission, now or in the days ahead. 

Further advice and support

There is further advice from the National Business Crime Centre on safeguarding your organisation during public events.

Guidance is also available from ProtectUK on how to effectively protect and prepare.

Charities can work with local emergency services, including Local Resilience Forums. Local Resilience Forums (LRFs) are multi-agency partnerships made up of representatives from local public services, including the emergency services, local authorities, the NHS, the Environment Agency and others. The LRFs aim to plan and prepare for localised incidents and catastrophic emergencies. They work to identify potential risks and produce emergency plans to either prevent or mitigate the impact of any incident on their local communities.

The VCS Emergencies Partnership is a network of more than 300 voluntary, community and statutory sector organisations that come together to provide a more coordinated and person-centred response to emergencies. It aims for greater national resilience and a better experience for people who are impacted by emergencies. It gives partners access to useful information, learning opportunities, capability-building events and a way to build trusted connections and community resilience with others, before, during and after emergencies.

Your local infrastructure organisation will be a source of information about the local situation and immediate risks, a useful point of contact for immediate support and connection to other organisations locally, and a good way to feed information back to statutory services. Find your nearest local infrastructure organisation for England or Wales.

The NCVO can also offer advice and guidance to charities. In Wales, contact WCVA.

Woman admits to taking and distributing indecent images of her child

Source: Gloucestershire Police published on this website Wednesday 7 August 2024 by Jill Powell

A woman has appeared in court after she sent indecent images of her child to a man who had a sexual interest in children.

The man, who lives out of county, was arrested after he had been talking to what he thought was a child online. However, he was communicating with an undercover police officer.

His devices were seized and on examination, indecent images of a child were found.

Following investigative work the images were established to have been taken in Gloucestershire, and the Constabulary's Indecent Images of Children team took on the case.

The woman was arrested and following an investigation she was charged with taking and distributing category C indecent images of her child.

Data from her phone showed that she knew the man she had been having an affair with had a criminal history, the nature and severity of his offending and therefore that he might pose a risk.

The woman is due to be sentenced at a later date and is on court bail with conditions to have no unsupervised contact with anyone aged under 18.

The man, who had 17 previous convictions, admitted to sexual communication with a child and possession of indecent images of children.

Investigating officer Detective Constable Amy Greenway said: "We've only not named the woman because we are protecting the victim, but we wanted to publicise this case to show the behind the scenes work which goes on to help protect children.

"The home is meant to be a safe place for a child, but we sadly know that this is not always the case, and that people instead prey on those who are most vulnerable. 

"It is even more awful when that is done by someone who is meant to protect them, and should be a trusted adult.

"Unfortunately her motives are unclear as she refused to answer any questions posed to her during interview.

"However, there would be no excuse for this despicable behaviour and we are pleased that this child is now safeguarded.

"Our team are dedicated to arresting those who pose a risk to children and putting them before the court. We hope the court outcome reflects the awful trauma and risk this mother exposed her child to." 

Gloucestershire Constabulary has a Child Exploitation team and Indecent Images of Children team which investigate these type of offences.

If you are worried about someone's behaviour towards a child, or something you have seen, heard or been told, you can use Sarah's Law to find out if that person is a risk to children.

The Child Sex Offender Disclosure Scheme lets you formally ask the police whether someone who has contact with a child or children has a record for child sexual (paedophile) offences or poses a risk to the child or children for some other reason.

Read more on this here: Sarah's Law (Child Sex Offender Disclosure Scheme) | Gloucestershire Constabulary

If you are concerned for a child's safety, you can report this to police by calling 101 for non-emergencies or 999 in the case of an emergency. Read more on this here: How to report possible child abuse | Gloucestershire Constabulary

If you have concerns about your own use of the internet or inappropriate thoughts or behaviour about children, or you are worried about how someone you know behaves, then contact the Lucy Faithfull Foundation https://www.lucyfaithfull.org.uk/.

You can also call the confidential Stop It Now! helpline: 0808 1000 900 or email help@stopitnow.org.uk.

Learning from Scottish Charity Regulator (OSCR)’s Inquiries: Dominant behaviour in charities

Source: Scottish Charity Regulator (OSCR) published on this website Monday 5 August 2024 by Jill Powell

Part of the work of the Scottish Charity Regulator is to carry out inquiries in response to concerns from the public, charity staff and other sources.

Reflecting on some of the inquiry cases that they have dealt with recently, they have identified several common themes and lessons that charities, and those who work with charities, can learn from to help improve their governance and avoid potential problems.

On the 2 August they published the second in a series of reports going into further details about these common themes and lessons, focusing on the topic of dominant behaviour in charities. At OSCR there is an increasing concern about dominant behaviour in charities. Dominant behaviour in a charity’s governance happens when one person (or a small group of people) makes all the decisions in a charity and prevents the charity’s trustees, as a whole, from acting collectively and doing their job properly or force the charity trustees to legitimise their decisions at a later date. It can and does result in beneficiaries, staff and funders losing confidence in a charity.

The report, Learning from OSCR’s Inquiries: Dominant behaviour in charities, discusses:

  • Why dominant behaviour arises in charities
  • Why dominance is a problem
  • How to prevent dominance from happening
  • How you should tackle dominant behaviour
  • Further sources of help and guidance

Read the report here: Learning from OSCR's Inquiries: Dominant behaviour in charities behaviour in charities.

The first report in the series, Learning from OSCR’s Inquiries: Financial Management, details ten key lessons to support good financial governance. It is available here: Learning from OSCR's Inquiries: Financial Managementearning from OSCR's Inquiries: Financial Management.

To be notified when subsequent reports become available, you can sign up for our newsletter 

Northamptonshire Police publishes vetting review in the wake of sacking of former chief who lied in his application for the top job

Source: Northamptonshire Police published on this website Tuesday 6 August 2024 by Jill Powell

A full-scale review into vetting processes for the most senior officers and staff has been published by Northamptonshire Police , on the 6 August, in the wake of the sacking of former Chief Constable Nick Adderley.

 Mr Adderley was dismissed following a Gross Misconduct Hearing in June during which evidence was heard that he had perpetuated a false narrative around his military service, including allegations he had served in the Falklands when he was actually only 15 at the time of the conflict and failing to correct wholly inaccurate reporting of his service in the media.

 The full extent of the deceit around his naval service was subsequently set out in a damning 43-page report at the beginning of last month and a case file focusing on the allegations has been passed on to the Crown Prosecution Service by the Independent Office of Police Conduct (IOPC).

 Within days of the hearing, Acting Chief Constable Ivan Balhatchet carried out checks on the Chief Officer team and Chief Superintendent/staff equivalent ranks to ensure they all had the requisite qualifications and proof of them.

 He also commissioned today’s report designed to explore fully the failings around the vetting processes and pre-employment checks ahead of Mr Adderley’s appointment to the top job in August 2018.

 Failures revealed included that when he joined, Mr Adderley had Developed Vetting – (DV, national level), but an assumption was made he therefore held Management Vetting, (MV Force level) from his previous Force. Northamptonshire Police failed to check this and did not carry out its own MV.

 Equally concerning, the report reveals, was that when he submitted his MV and DV vetting renewal in 2023, while Chief Constable, he gave different details on each and this was never picked up.

 The report goes on to make a number of recommendations, including a tightening up and review of pre-employment qualification checks, dip sampling of vetting files and a requirement for detailed and comprehensive responses to HM Forces checks.

 The Force also intends to approach the Home Office to ensure enhanced information sharing and cross-checks takes place between the DV vetting carried out by the National Security Vetting Service and the MV vetting done at Force level.

 Mr Balhatchet said:

“This has been a very dark chapter in the history of Northamptonshire Police, but I am absolutely determined to get right to the heart of all the issues which have surfaced since the original allegations were brought to the attention of the Independent Office for Police Conduct (IOPC) a year ago. This report is difficult reading because there undoubtedly were very significant failings in the processes leading up to the appointment of Nick Adderley in 2018 and the handling of his vetting renewal in 2023. We are taking robust action to ensure this situation will never arise again and that officers and staff as well as the communities we serve across Northamptonshire, have the utmost confidence in our processes going forward.”

 Police, Fire and Crime Commissioner, Danielle Stone, said she fully supported the approach taken in the aftermath of the former Chief’s dismissal.

 She said: “It’s disappointing that more thorough checks were not carried out when Nick Adderley was appointed.  I’m pleased that the lessons have been learned, and processes and systems will be strengthened, and standards raised to give the public confidence in the recruitment of senior police officers. I’ve already begun conversations with the Home Office to highlight the gap between national and local systems and to explore what can be done. I’m grateful to the Acting Chief Constable Ivan Balhatchet for this clear and thorough review, produced and published so quickly. Transparency and integrity must be at the heart of everything we do.”

Summary of the failures around the appointment of Nick Adderley

  • Pre-employment checks were not carried to verify his degree, education, qualifications.   (they were not needed for the role). We are carrying out those checks in the future, regardless, if people claim to have a degree.
  • When he joined, he had Developed Vetting – (national level).  We assumed this meant he also held MV (Management Vetting, Force level) from his previous Force. We did not check and further, we did not carry out our own MV.
  • When he did MV in 2023 he gave different details to what he had given on his DV forms. A national lesson, we want the Home Office to consider some legal change to make DV and MV talk to each other seamlessly.
  • When he did MV in 2023, he did not give the required details so that an HM Forces check could be carried out. We didn’t pick him up on that and we didn’t carry out the check on his claimed service.
  • NSVS had no records of his DV.
  • We were unable to check a lot of details around his application because we did not keep anyone’s forms beyond 12 months.

To read the full vetting report click here: Vetting Review (northants.police.uk)

Mid and west Wales Regional Safeguarding Board has published Concise Practice Review into death of young child.

Source: The Mid and West Wales Regional Safeguarding Board published on this website 2 August 2024 by Jill Powell

The Mid and West Wales Regional Safeguarding Board has published the report of the Concise Child Practice Review, CYSUR 1 2021 in respect of a young child who resided in Pembrokeshire, and who tragically died on 21 July 2020. 

The Review has been undertaken in accordance with statutory legislation set out in the Social Services and Wellbeing (Wales) Act 2014 and accompanying guidance Working Together to Safeguard People – Volume 2 – Child Practice Reviews (Welsh Government, 2016). 

The Concise Child Practice Review Report published 1 August 2024.  The review say’s:

“This is a tragic case which culminated in an unprovoked and violent attack on a young child (“child A”) by their mother’s partner (“Male B”) on the evening of 16 July 2020 and the morning of 17 July 2020. Child A was pronounced dead on 21 July 2020, age 2 years and 10 months old. Child A had lived with her mother, Male B, and her younger and older sibling in the mother’s home.”

A 7-minute briefing provides an overview of the report and is a useful recourse for sharing the learning from the review