Our charity lawyers explore the Charity Commission's inquiry into EVF following the collapse of FTX Trading and share three key governance lessons for charities.
Read moreCharity Governance & Policies
Our charity lawyers ensure that your charity is governed effectively and in-line with the latest legal developments.
Talk to usIn this section
A well-governed charity is usually a successful one. In an ever-changing landscape and evolving society, charities are constantly required to adapt to new demands and challenges. This means that structures, policies and processes must be constantly reviewed and refreshed to ensure that governance frameworks can continue to drive success.
Bad or outdated governance can leave your charity vulnerable to incidents that may ultimately lead to scrutiny from the Charity Commission — so ensuring that your charity is governed effectively and in-line with the latest charity law developments should be a key consideration for every trustee body.
![Business professional reviews document](https://brabners-cms.transforms.svdcdn.com/production/public/index-images/shutterstock_1106923223.jpg?w=798&h=939&auto=compress%2Cformat%2Cavif&fit=crop&crop=focalpoint&fp-x=0.8961&fp-y=0.8223&dm=1712568467&s=eef00a60cc83c54f19b49cf3bcba2bfe)
Governance reviews
You should perform a governance review at least every few years. This is considered good practice and demonstrates to beneficiaries, the public, the Regulator and other stakeholders that you’re committed to high standards of governance.
We can assist you with this. Our full and comprehensive governance reviews enable us to identify and resolve any weak spots, gaps or risk areas in your charity’s governance. These are carried out against the standards outlined in the Charity Governance Code — a document endorsed by the Commission and used to benchmark ‘good’ standards of governance.
A governance review might typically include:
- A review and update of the organisation’s governing document.
- A review and update of existing policies.
- The introduction of new policies.
- A review of the organisation’s overall structure (and relevant documents that underpin this structure).
- An assessment of charity processes (including feedback and advice on how your charity conducts trustee meetings and how trustees manage conflicts of interest).
![Navigating social media as a high profile individual](https://brabners-cms.transforms.svdcdn.com/production/public/general-images/Navigating-social-media-as-a-high-profile-individual.jpg?w=798&h=939&auto=compress%2Cformat%2Cavif&fit=crop&crop=focalpoint&fp-x=0.6542&fp-y=0.5133&dm=1721130159&s=ea5337496cce47e23424a670886abba8)
Policies
The parameters in which a charity has to operate are ever-changing. For example, the Charity Commission issued new guidance on the use of social media in 2023 which highlighted the need for many charities to introduce a social media policy. Given that the vast majority of charities have a social media presence, such policies are now considered crucial.
While some policies can be recognised as being important for all charities — for example, a complaints policy — for the most part, every charity will have different needs when it comes to deciding which policies to implement.
Our team offers expert advice on the policies that your charity should have in place to create a comprehensive and robust governance framework. We can also review your existing policies to ensure ongoing compliance with the latest standards and legislation.
![A lawyer conducts an investigation and collates documents](https://brabners-cms.transforms.svdcdn.com/production/public/general-images/shutterstock_2197526607.jpg?w=798&h=939&auto=compress%2Cformat%2Cavif&fit=crop&crop=focalpoint&fp-x=0.6141&fp-y=0.5145&dm=1721130215&s=962d90d38f579b4a4926bca05d177f15)
Amending a charity's governing document
As the ‘rulebook’ of a charity, a governing document underpins how a charity should be governed. It lays the foundations of the organisation and dictates how trustees should manage the charity.
That’s why having a governing document that works for your charity is critical to your continued success. At times, you’ll need to amend it — and how complex this can be will vary depending on the provisions that already exist, as well as the type of change that trustees wish to make.
Our charity lawyers have a wealth of experience in navigating the complexities that can come with making amendments to governing documents. Whether we’re dealing with a CIO’s constitution or Trust Deed dating back to the 1800s, our team can help to ensure that your governing document caters for your charity’s needs.
![Business training seminar](https://brabners-cms.transforms.svdcdn.com/production/public/general-images/business-training-seminar.jpg?w=798&h=939&auto=compress%2Cformat%2Cavif&fit=crop&dm=1721130395&s=78918550b34f293708756b189645a236)
Trustee training
Becoming a trustee of a charity can feel daunting. The best way to ensure that a trustee feels confident in their position is to ensure that they’re fully acquainted with all their legal duties and the basics of charity governance.
This can be achieved through training sessions, tailored to each charity’s needs. These give trustees the opportunity to fully understand the requirements of their position. Having a confident and competent board of trustees will ensure that your charity is governed effectively and help to avoid scrutiny and intervention from the regulator.
Our charity law team has experience in designing and hosting all manner of trustee training sessions. We also produce information packs to support trustees throughout their terms.
![British pound coins](https://brabners-cms.transforms.svdcdn.com/production/public/general-images/british-pound-coins.jpg?w=798&h=939&auto=compress%2Cformat%2Cavif&fit=crop&dm=1716471306&s=6da5ac34f3d0ef93ebc8c3b8f2f6a15e)
Permanent endowment
Permanent endowment can be difficult to identify and complex to untangle. In some instances, your assets may no longer serve the charity in the way that they were intended to when originally gifted. As such, permanent endowment sometimes needs to be freed from its restrictions to continue benefiting a charity.
The process of freeing up permanent endowment requires (among other things) permission from the Charity Commission, which will only be given if the trustees can illustrate that the right conditions have been met. We can advise on this process and manage the submission of all relevant applications with the Charity Commission on your behalf.
Meet our team
“Brabners has real expertise in charities and dealing with the Charity Commission. This is quite rare to find. Establishing a charitable publisher is hard, because there isn’t a clear line between what is charitable and what isn’t. Brabners did this successfully. Its fees are affordable by the sector.”
Client feedback, The Legal 500, 2024
“Graeme Hughes competently advises on charity law, governance and regulatory issues, as well as overseeing matters requiring insights from his corporate, property and employment colleagues.”
The Legal 500, 2024
“We have valued the long-term relationship with [Brabners]… [its] understanding of our company structure — and the market, regulation and jurisdiction in which we operate — supports the delivery of exceptional advice. Graeme Hughes and Imogen Trafford provide outstanding support around charity law.”
Client feedback, The Legal 500, 2024
“[Brabners] is interested in knowing your business and understanding the culture and nature of what you do. This leads to bespoke solutions… not simply ‘off the shelf’ advice that you may get from any firm.”
Client feedback, The Legal 500, 2024
“Ex-Charity Commission lawyer and Charity Tribunal Judge Stephen Claus continues to influence departmental and client decisions through his role as a consultant.”
The Legal 500, 2024
“The ‘outstanding’ Imogen Trafford is highly active on mandates concerning the registering, merging and dissolving of charities.”
The Legal 500, 2024
Charity governance & policies FAQs
Trusted by
![Autism Initiatives Logo](https://brabners-cms.transforms.svdcdn.com/production/public/accreditations/Autism-Initiatives-Logo.png?w=320&h=103&auto=compress%2Cformat%2Cavif&fit=crop&dm=1714668624&s=d8edfabc6816c4d0b10deac14e242420)
![Everton in the Community](https://brabners-cms.transforms.svdcdn.com/production/public/accreditations/Everton-in-the-Community.png?w=320&h=70&auto=compress%2Cformat%2Cavif&fit=crop&dm=1714668687&s=c583ff82e3812b346f5df77a2bdc6621)
![National football museum logo AC990 BA4 C4 seeklogo com](https://brabners-cms.transforms.svdcdn.com/production/public/accreditations/national-football-museum-logo-AC990BA4C4-seeklogo.com.png?w=175&h=160&auto=compress%2Cformat%2Cavif&fit=crop&dm=1717172260&s=8438b5ad3ff22e5c6cbfd302a856f4b2)
![About Brabners](https://brabners-cms.transforms.svdcdn.com/production/public/About-Brabners-Block-Desktop.png?w=1919&h=800&auto=compress%2Cformat%2Cavif&fit=crop&dm=1713452311&s=b178a24cb49d3f4421b98a891573c493)
Brabners is a purpose-led independent law firm.
Our independence allows us to be objective, principled and provide a service with heart and character.
We’re on a mission to make the difference for our clients, people and communities. Proudly anchored in the North since 1815, we serve all of England and Wales.
![True North Black Logo](https://brabners-cms.transforms.svdcdn.com/production/public/accreditations/True-North-Black-Logo.png?w=263&h=105&auto=compress%2Cformat%2Cavif&fit=crop&dm=1717172339&s=b3f5fa22989104453ae099f50f65b7a8)
Northern Ambition
The collaborative network for purpose-led businesses. We’re building a more sustainable and innovative tomorrow.
![Certified B Corporation B Corp Logo 2022 Black RGB svg](https://brabners-cms.transforms.svdcdn.com/production/public/accreditations/Certified_B_Corporation_B_Corp_Logo_2022_Black_RGB.svg_2024-04-18-125110_bmju.png?w=72&h=105&auto=compress%2Cformat%2Cavif&fit=crop&dm=1717172338&s=5279cad2ac8db253a2ec617a1ec01cca)
Sustainable Business
In 2022, we proudly became the UK’s largest law firm (and the first outside London) to become B Corp certified.
![Brabners Foundation Logo Black](https://brabners-cms.transforms.svdcdn.com/production/public/accreditations/Brabners-Foundation-Logo-Black_2024-04-18-125052_hswp.png?w=263&h=105&auto=compress%2Cformat%2Cavif&fit=crop&dm=1717172338&s=191ac2196737bd02fe603cd1738ac698)
Community Impact
We channel the energy of our public-spirited people and clients towards improving our local communities.
Read more about charity law
Our charities, not-for-profit and social enterprises team examines the consequences of failing to adhere to the Fundraising Code and what happened specifically in the case of Penny Appeal.
Read moreOur charity Swish event shone a spotlight on sustainable fashion brands and the reality of ESG in retail.
Read moreTalk to us
Loading form...