The charity regulator for England and Wales has issued Calderdale Metropolitan Borough Council with an Official Warning after it failed to comply with its duties as trustee of 13 charities. It is the first time the regulator has issued a local authority with an Official Warning.
Calderdale is one of over 1200 councils across England and Wales that are trustees of charities. Charities overseen by this council include several assets which are important to the local community, such as Bacup Road Recreational Ground, Tetley Memorial Park and Public Central Library.
The regulator's Chief Executive recently wrote to all local authorities warning them of the "significant administrative headaches" councils could face from any failure to correctly comply with their duties. In his letter, David Holdsworth set out actions they can take to ensure compliance with their duties, including reviewing the regulator's newly updated guidance for local authorities as charity trustees and supporting guide for councillors.
The letter also advised charities to keep a register of charitable assets and land held to help ensure any council correctly manages them in their capacity as a trustee. Failing to correctly identify charitable assets could lead to the loss of public facilities that people rely on and, where charity law is not correctly followed, intervention by the Commission.
As trustees, councils are responsible for running the charity and managing its assets as well as upholding all duties expected of any trustee. This includes filing annual returns with the Charity Commission.
Calderdale Metropolitan Borough Council has failed to file annual returns and accounts for all 13 charities, which have been overdue for several years. The Official Warning states that this, and the council's failure to comply with an action plan the Commission issued to it in 2023, amounts to misconduct and/or mismanagement in the administration of the charities.
To rectify the misconduct and/or mismanagement set out in the Official Warning, the council must file all outstanding accounts. The Commission has been clear that Calderdale Metropolitan Borough Council also needs to:
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implement processes to ensure all 13 charities are compliant with their accounting responsibilities going forward
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provide up-to-date
