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Charity Commission sets out expectations for Malvern Hills Trust trustees

August 25, 2026

The Charity Commission has written to all Malvern Hills Trust trustees setting out its expectations in relation to their conduct. The letter explains the Commission’s view on trustee duties, collective decision-making, public disagreement with Board decisions, and the importance of resolving disputes constructively.

What the Commission says

The Commission reminds trustees that their legal duty is to act collectively and solely in the best interests of the charity. It also clarifies that elected trustees are not on the Board to represent the interests of those who elected them. The Commission says the Board has already made a valid decision that promoting the Bill is in the charity’s best interests. It advises that trustees should not publicly oppose or petition against the Bill while acting as trustees. Trustees can raise concerns and debate issues within the Board. However, once a decision has been made, the Commission says all trustees must follow the agreed position.

Why the Bill is important

The Commission notes that the Bill is intended to update the Trust’s five governing Acts, which it describes as outdated and complex, and to help ensure that trustee elections can be conducted lawfully. It also says that, given the charity’s current governance difficulties and the funds already spent preparing the Bill, it is difficult to see a credible case that the Bill is no longer in the charity’s interests.

Resolving disagreements

The Commission says disagreements between trustees can affect how well a charity operates and damage its reputation. It expects trustees to resolve disagreements early and constructively. The letter welcomes the planned use of mediation and says trustees are expected to take part constructively.

Regulatory expectations and next steps

The Commission has issued its advice to each trustee individually. It says that failure to act on the advice may lead it to consider further regulatory steps, including an official warning or statutory inquiry. Trustees were asked to confirm by 5pm on 21 August 2026 that the letter had been received, read and understood.

John Michael, Chair said:

“I’m pleased that our regulator is clarifying what it expects from trustees. I want to be clear that trustees are entitled to hold and express different views around the Malvern Hills Bill. This, however, goes deeper into the fundamentals of being a charity trustee. The Trust sought independent regulatory advice on this difficult and unusual issue. It is important for all of us to act consistently with that regulatory guidance. We have published the full advice on our website, and I hope that all trustees will consider their position carefully. We are a charity, not a council, and we must all take collective responsibility for the decisions that have been made in the best interests of the Malvern Hills. In the meantime, we are reaching out to all existing petitioners to invite them to meet with us, while the parliamentary bill process is paused.”

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Charity Commission sets out expectations for Malvern Hills Trust trustees

What the Commission says

Why the Bill is important

Resolving disagreements

Regulatory expectations and next steps

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