
A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
Previously, trustees reported serious incidents via email. There is now a new online form that must be used to report or amend serious incidents reports.
The following information will be required when completing the form:
A serious incident in the Commission’s view is an adverse event, whether actual or alleged, which results in, or risks, significant:
The Commission deems ‘significant’ to be proportionate to the charity, taking account of its staff, operations, finances and/or reputation. Trustees are required to submit serious incident reports promptly after the event, in an open and honest manner, and must be familiar with the updated guidance, as failure to report will be treated by the Commission as non-compliance with the trustees’ legal duties.
The Commission requires such reports to ensure that trustees are acting within their legal duties to protect their charity. Reporting issues demonstrates that the charity trustees have identified the breach and are taking steps to resolve it; protecting the charity’s assets, reputation and people. The Commission may also need to provide advice or guidance, so timely reporting is essential to protect the charity’s reputation and to prevent further damage. In the wider context, reporting also allows the Commission to assess the risks to other charities and helps to identify any trends.
The Commission has also used a new privacy notice to explain how personal data provided in a serious incident report will be used.
Detailed guidance on how to submit a serious incident report can be found on the Government’s website.
It is the responsibility of the charity trustees to decide whether an incident is significant and should be reported. If you are concerned about the incident reporting process or need advice determining if an incident is significant, please contact Phil Watts.
A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
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