The Charity Commission has written to all trustees of Malvern Hills Trust regarding their responsibilities and managing conflicts of interest around the Malvern Hills Bill. See the letter here.
In its correspondence, the Commission has drawn key guidance to the attention of all trustees and emphasised that:
- Trustees are responsible together for all decisions for their charity;
- Trustees do not act on behalf of a person or organisation that nominated or elected them. These trustees must, like all trustees, only act in the best interests of the charity.
The Commission also highlights the importance of the principle of collective responsibility. The Commission has advised trustees to continue to take legal and other advice to ensure that legal duties are complied with.
In addition, the Commission has asked all trustees to consider the reputation of the charity and whether any different or further steps could be taken to mitigate this risk.
John Michael, Chair said:
“I’m pleased that our regulator backs our position and has confirmed this advice has been sent to trustees three times now. We have published the full advice on our website, and I hope that all trustees will consider carefully the regulator's clear message that we act together and act only in the best interests of the charity. We will always welcome reasoned debate but all trustees must uphold these standards.
“Some people have suggested that the elected trustees are on the Board to represent levy payers. This is causing confusion as it is not correct. The Charity Commission has given very clear advice that elected trustees are not in post to represent the people who voted for them but must act in the best interests of our charity.
"It's really important therefore that our elected trustees understand this. We are a charity, not a council, and we must all take collective responsibility for the decisions which have been made in the best interests of the Malvern Hills.”
