The Regulator for Charities in England and Wales
DRAFT
1. In this guidance:
Trustees – means charity trustees. Charity trustees are the people who are responsible for the general control of the management of the administration of the charity. In the charity’s governing document they may be called trustees, managing trustees, committee members, governors or directors, or they may be referred to by some other title.
Trustee board – means the charity’s governing body. This may be called the management committee, executive committee or board of directors, or may be referred to by some other title.
Governing document – means any document setting out the charity’s purposes and, usually, how it is to be administered. It may be a trust deed, constitution, memorandum and articles of association, rules, conveyance, will, Royal Charter, Scheme of the Commissioners or other formal document.
Must or need to are used to refer to actions that trustees, or their agents or employees, have to take by law.
Where we use terms such as the trustees should or we suggest, recommend or advise, we are referring to actions which the trustees, their agents or employees, could take and which we consider to be good practice but which are not legal requirements.
2. The recruitment, selection and subsequent induction of a new trustee into a charity can strongly influence how effective the charity is in the future. Where all these processes work well, it can lead to a balanced, well-informed and effective trustee board and a well governed and effective charity. However, where these processes are weak, the ability of the trustee board to manage the charity may be affected. In the worst cases it can lead to major problems for the charity and its beneficiaries.
3. The Charity Commission’s regulatory report, "Trustee Recruitment, Selection and Induction" (RS1), identified from our experience of regulating charities, and from supporting research, a number of ways in which improvements to charities’ trustee recruitment, selection and induction could be made. This guidance explains these improvements in more detail, consolidates our existing guidance on trustee recruitment and provides new guidance on ways of checking the eligibility of trustees, including the use of the Criminal Records Bureau.
4. This guidance is for all trustees of charities, and others who are involved in trustee appointments, whether or not the charity currently needs to recruit new trustees. The guidance looks at the issues involved in the recruitment, selection and appointment of individuals as charity trustees and does not deal comprehensively with all the issues involved where it is proposed to appoint a body corporate (e.g. a company or an authority) to act as a charity trustee, either alone, or with others.
5. Contact details for all the organisations mentioned in the guidance can be found at the end of this publication in the section "Further information and advice".
6. Whenever a trustee board is preparing to appoint new trustees, they must ensure that they comply with the following requirements:
In addition, there are a number of ways of ensuring that the appointment of a new trustee is made in a way which really serves the best interests of the charity. Although none of these is a legal requirement, some or all of them will be appropriate to the charity, depending on its size and circumstances.
The following are some of the main areas of good practice when recruiting and appointing trustees which are covered in this guidance:
7. Trustees may be appointed in a number of different ways. For example:
The procedures for appointing new trustees, including any restrictions on trusteeship, such as a maximum number of trustees or an age limit, will be set out in the charity’s governing document. It is important that trustees follow these procedures; if they do not, this could result in the appointment being invalid.
Trustees also need to be clear about who cannot, in law, be appointed as a trustee because they are disqualified. Further information about who cannot legally be a charity trustee can be found in paragraphs 37 - 41.
8. Where trustees are appointed or nominated by an outside body, such as a local authority, the charity itself may have less power to control the appointment, but it can still have different degrees of influence and this guidance may still be helpful. Like all trustee appointments, any outside body appointing a trustee to a charity is bound by law to do this in the best interests of the charity rather than its own interests, and it may be helpful for the charity to set out for the appointing body what is required, legally and practically in terms of responsibilities, time and commitment, of a trustee and any particular skills or qualities which the charity is looking for.
9. In order to ensure that they are acting in the best interest of the charity, and that they are in a position to explain to new trustees what is required of them, the existing trustees need to be clear in their own minds about the purposes and aims of the charity, as well as their broader duties and responsibilities as trustees.
Information about the responsibilities of trustees can be found in Responsibilities of Charity Trustees (CC3).
10. Trustees of charities that employ staff can delegate some aspects of the recruitment process to staff, but they must ensure that they retain overall responsibility and control of the recruitment, selection and induction process.
11. Whatever the method is for selecting new trustees, the existing trustees have a clear role to play in overseeing the effective management of an open and efficient process.
12. When trustees are thinking about recruiting a new trustee or trustees, a good starting point is to look at what skills, knowledge and experience are needed to make sure that the charity is well governed and is run effectively, efficiently and appropriately to the size and complexity of the charity.
13. This does not mean that trustee boards should contain experts or specialists to cover every eventuality. However, it is good practice for trustees to think about the skills which the trustees should have so that they add value to the board. This process is valuable in its own right and we recommend that trustees regularly review the skills of the trustee board rather than wait for a trustee vacancy to occur.
14. Trustee skills can range in nature from financial, bookkeeping or marketing skills through to links with the relevant communities or service users and time and energy.
15. An assessment of the skills of the current trustees is a good way to identify any gaps which need to be filled. The extent of the assessment will vary depending on the size and nature of the charity. For smaller and simpler charities the assessment can be quite simple, but for larger and more complex charities a more formal and structured approach may be needed.
16. This assessment, as well as identifying any skills "gap" on the trustee board, can help form the basis of a "job description" for new trustees. This can be a useful way of describing the role to new or prospective trustees, including how much time they will need to commit to fulfilling their new duties. We recommend that job descriptions are prepared for each trustee.
17. The Institute of Chartered Secretaries and Administrators (ICSA) and the National Council for Voluntary Organisations (NCVO) both produce model job descriptions for charity trustees, together with job descriptions which are specifically for chairs, secretaries and treasurers of charities.
18. There are a variety of methods which trustees can use to recruit new trustees. The Commission’s regulatory report (Trustee Recruitment, Selection and Induction (RS1)) found that the traditional methods for recruiting new trustees, of personal recommendation and word of mouth, remain popular methods of finding new trustees. However, our regulatory work has shown that whilst these methods are still widely used, they are not necessarily the most effective ways of finding the people with the skills which the trustees have identified, as they limit the field from which trustees can be drawn. Using wider and more inclusive methods of searching for new trustees, such as advertising and using trustee brokerage services, can access a wider pool of applicants and we recommend that trustees consider these approaches.
19. Advertising can be an effective way of reaching a wider group of people, and it gives a charity the opportunity to specify the skills that the trustee board is looking for. Whilst advertising can be expensive, and will not be appropriate for all charities, there are some low cost solutions available, such as free notices on local websites, local notice boards or newsletters. Trustees thinking carefully about where to advertise, and making sure that the advertisement accurately reflects the charity and the skills and experience that the trustees are hoping to attract, will also be key to maximising the effectiveness of a trustee advert.
20. Trustees may also want to consider advertising for new trustees within their own charities. There may be volunteers within the charity who possess the skills which the trustees have identified, or who could develop these skills with further training and support. If an employee of the charity, rather than a volunteer, wishes to become a trustee, there are particular requirements which the charity will need to comply with, since the law prevents unauthorised payments to trustees. Further information is contained in our publication Payment of Trustees (CC11).
21. Another way of finding new trustees is to make use of a trustee brokerage service or trustee register. Trustee brokers provide a matching service between potential trustees and vacancies on the boards of voluntary organisations.
22. The National Council for Voluntary Organisations (NCVO) operates a Trustee Brokerage Network Group and produces a free booklet, "Trustee Bank: A directory of trustee brokerage services". A number of organisations, such as The Institute of Chartered Secretaries and Administrators (ICSA), the Ethnic Minority Foundation (EMF) and the Council for Ethnic Minority Voluntary Organisations (CEMVO), also provide trustee registers.
23. Specialist magazines, journals and newspapers also list trustee brokerage services and the local Councils for Voluntary Service (CVS) may be a source of further information. Details of some of the journals and magazines which may be helpful can be found in the further information and advice section at the end of this publication.
24. Networking with other charities, which either operate within the same local area or which offer similar services, can be another way of finding new trustees. This can also be a useful way of sharing information and best practice ideas. Charity Trustee Networks (CTN) is a charity which helps set up, and provide support to, networks of charity trustees.
25. A charity will often benefit from seeking to recruit and retain trustees who reflect, and have a knowledge of the communities and the area in which they live. Having a diverse trustee board can also help to ensure that the charity is fair and equitable in all its dealings, for example, in its grant giving or delivery of its services to beneficiaries.
26. The Commission believes that the governance of charities can be improved and strengthened where charities seek to recruit trustees from across a wide range of social and economic backgrounds, including trustees from those parts of the community who have traditionally been under-represented on trustee boards, such as young people, people from minority and ethnic communities and people with disabilities Creating a diverse board can also be an important factor in increasing accountability and public confidence in the work of charities.
27. There are a number of practical ways of increasing diversity on the trustee board. These include
28. There are some legislative requirements affecting charities; for instance the Race Relations (Amendment) Act 2000 imposes on "public bodies", which includes some charities, a general duty to promote race equality. Charities which are "public bodies" within the definition must comply with the Act, and we recommend that other charities should also have regard to its underlying principles. The same is true of the Disability Discrimination Act 1995 and the Employment Equality (Sexual Orientation) Regulations 2003.
29. Further information on these legislative requirements can be found in an NCVO guide, "Managing diversity in the workplace".
30. User trustees, that is any trustee who uses or benefits from the charity’s services, can enhance the effective management of a charity and can also help to ensure a more diverse and representative trustee board.
31. The decision on whether or not to include users as trustees is one that the trustee board needs to consider based on the circumstances and needs of the charity. For both user trustees and trustees generally, trustee boards need to ensure that there are procedures in place to manage any conflicts of interest between a trustee’s personal interests and those of the charity. More information about conflicts of interest can be found in paragraphs 33- 36.
32. It is important to remember that user trustees have exactly the same duties and responsibilities as any other trustee. Further information about user trustees is contained in our publication Users on Board (CC24).
33. A conflict of interest is any situation in which a trustee’s personal interests or loyalties, and those of the charity, arise simultaneously or appear to clash. For example, if a charity awarded a contract to another organisation in which a trustee of the charity has an interest or to which he or she owes a duty, the trustee in question could face conflicting pressures between maximising profit for his or her business concern or serving the interests of the other body in some other way on the one hand and keeping costs low for the charity or serving its interests on the other.
34. A charity will need to have arrangements in place for spotting and dealing with potential conflicts of interest. An open approach is good practice. For example, as part of the selection process, the trustee board can ask prospective new trustees about any possible conflicts of interest they may have. If new trustees are elected by the charity’s membership, we recommend that the membership is made aware of any possible conflict of interests involving the individuals standing for election, so that they can take this into account when voting. This is particularly important where personal interests may be significant enough to make it necessary for the trustee to withdraw from meetings so often that they cannot make a useful contribution. If this is the case they should consider standing down or not standing in the first place.
35. We recognise that it is inevitable that conflicts of interest occur. The issue is not the integrity of the trustee concerned. What is important are the procedures the trustee board has in place to manage such situations. These may include provisions for the trustee concerned to declare their interests and/or withdraw from discussions, voting and decisions involving such conflicts of interest.
36. A guide for trustees on conflicts of interest is available on the Commission’s website in the section, "Guidance for Charities".
37. No. There are a number of reasons why people cannot act as a charity trustee. No one under the age of 18 can be appointed as a trustee unless the charity is a registered company.
38. Some people are disqualified by law from acting as charity trustees or nominees, including anyone described in section 72(1) of the 1993 Act.
Broadly that covers:
39. It is an offence to act as a trustee while disqualified unless we have given a waiver under section 72(4) of the Charities Act 1993 (there are some special provisions applying to the administration of charitable companies). Further information about disqualifications and waivers of disqualification can be found in OG41 (Disqualification for acting as a charity trustee) and OG42 (Waiver of disqualification for acting as a charity trustee) which are available on our website.
40. The governing document of a charity might also contain a provision which prevents certain people from acting as charity trustees. If the governing document does contain such a provision, we cannot grant a waiver under section 72(4) of the Act, as these waiver powers cannot override the provisions within the governing document. However, if the provisions are causing real difficulties in recruiting suitable charity trustees , then we recommend that the trustees approach the Commission for advice.
41. In addition to the disqualifications detailed in section 72(1) of the 1993 Act, which apply to all types of charities, the Criminal Justice and Court Services Act 2000 disqualifies certain individuals from holding a range of positions in children’s charities , which includes charity trusteeship. We do not have the authority to give a waiver for this type of disqualification.
42. As a minimum, we recommend that the trustee board asks new trustees to sign a declaration to confirm that they are not disqualified from acting as a charity trustee. A model declaration form will be available on our website when this guidance is formally published.
43. Trustees can also make use of the register of disqualified directors maintained by Companies House. Searches of the register can be made on the Companies House website, www.companieshouse.gov.uk
44. We maintain a register of all persons who have been removed as a charity trustee either by us under Orders made under either the Charities Act 1960 or the Charities Act 1993 or by an Order of the High Court since 1 January 1993. A copy of the register is available for inspection in each of the Commission’s offices.
45. For the trustees of children’s charities and the trustees of some charities working with vulnerable adults, there are additional, more detailed checks which can be made by obtaining a Disclosure from the Criminal Records Bureau.
46. We strongly recommend that trustees of charities which work with children and vulnerable adults take advantage of this option, to ensure both that the person they wish to appoint as a trustee is eligible and to ensure the safety of the charity’s beneficiaries. This issue is an essential part of the proper management of the charity which charity trustees should not neglect.
47. Further information about the services of the CRB and obtaining Disclosures can be found in the Annex to this guidance.
48. Depending upon the size and nature of the charity, once the appointment process is complete and the prospective trustee has agreed to accept the appointment, it can be useful to contact the new trustee to formally welcome them as a trustee and to confirm their appointment. The Institute of Chartered Secretaries and Administrators (ICSA) produces sample letters to send to new trustees on appointment.
49. Trustees should also ensure that:
50. A proper induction is vital as part of the process of ensuring that trustees can become valuable and effective members of the board as quickly as possible. All charities, regardless of how big or small they are, should consider the needs of the charity and new trustees by providing an induction programme that is suitable for the new trustee and the size and nature of the charity, and which will equip the trustee with the information which they need.
51. We recommend that, as part of the induction process, trustees receive a copy of the charity’s key documents, (such as those detailed in paragraph 52) accompanied by an explanation of the purpose and effect of the documents. In this way new trustees can familiarise themselves with how the charity works and can make an effective contribution to the management of the charity as soon as possible after they have been appointed.
52. We recommend that all trustees, upon appointment, receive:
Whilst it is good practice to provide new trustees with these documents, the governing documents of some charities may also require that new trustees are provided with copies of the charity’s key documents.
53. Larger charities will have other key documents which trustees will need to assist their understanding of the organisation, and these might include the charity’s strategic plan and its visions and values or mission statement.
54. In addition to providing a new trustee with copies of the charity’s key documents, it may well be useful for new trustees to have the opportunity to speak to key people within the charity in order to gain a clear understanding of how the charity operates.
55. The requirements for this part of an induction programme will vary depending on the needs and circumstances of individual charities. For new trustees of smaller and more straightforward charities, a discussion with the existing trustees may be the best way to learn everything which they need to know initially in order to make an effective contribution to the management of the charity.
56. For larger and more complex charities, a more structured induction programme might help the new trustee better understand the work of the charity, and this induction might include:
57. The Institute of Chartered Secretaries and Administrators (ICSA) produces a sample induction pack for trustees.
58. In an effectively run charity the induction process marks the beginning of an on-going process of trustee training and development, to ensure that trustees can continue to make an effective contribution to the charity.
59. The level of training and support which trustees need will vary depending on the size and nature of the charity, but trustees may wish to consider some of the following ways of providing training and development opportunities for themselves:
60. Trustees may find it helpful to periodically review the procedures which they have in place for the recruitment, induction and on-going development of trustees to ensure that these procedures remain effective.
61. Further information and advice on the recruitment, appointment and induction of trustees and on checking the eligibility of trustees is available from a number of sources, some of which are detailed below. This list is by no means exhaustive.
Charity Trustee Networks (CTN)
This charity offers trustees mutual support by encouraging and developing self-help trustee network groups providing cost effective, peer to peer consultancy and mentoring.
Charity Trustee Networks
PO Box 633
Godalming
Surrey GU8 5ZX
Tel 01428 682252
E mail: info@trusteenetworks.org.uk
Companies House
Also runs seminars for newly appointed directors and company secretaries.
| Cardiff | Edinburgh | London |
| Crown Way | 37 Castle Terrace | PO Box 29019 |
| Cardiff | Edinburgh | 21 Bloomsbury Street |
| CF14 3UZ | EH1 2EB | London WC1B 3XD |
Tel: 0870 333 3636
Website: www.companieshouse.gov.uk
Criminal Records Bureau
Customer Services
CRB
PO Box 110
Liverpool L3 6ZZ
Tel: 0870 90 90 811
Website: www.crb.gov.uk
Disclosure application line: 0870 90 90 844
Disclosure information website: www.disclosure.gov.uk
Directory of Social Change (DSC)
The Directory promotes positive social change and provides a wide range of resources for trustees.
| London | Liverpool |
| 24 Stephenson Way | Federation House |
| London NW1 2DP | Hope Street |
| Liverpool L1 9BW |
Tel: (Books): 020 7209 5151
Tel: (Training and Events): London 020 7209 4949 & Liverpool 0151 708 0117
E mail: (Training and Events) London: training@dsc.org.uk
Liverpool: north@dsc.org.uk
Website: www.dsc.org.uk
Ethnic Minority Foundation (EMF) and the Council of Ethnic Minority Voluntary Organisations (CEMVO)
EMF and CEMVO develop resources for black and ethnic minority organisations, these include networking and training opportunities and a trustee register.
Boardman House
64 Broadway
Stratford
London E15 1NG
Tel: 020 8432 0307
E mail: enquiries@emf-cemvo.org.uk
Website: emf-cemvo.co.uk
Institute of Chartered Secretaries and Administrators (ICSA)
ICSA is the professional body for chartered secretaries. It produces a number of best practice guides and guidance notes. It also maintains a trustee register available to charities looking for new trustees.
Institute of Chartered Secretaries and Administrators (ICSA)
16 Park Crescent
London W1B 1AH
Tel: 020 7580 4741
Fax: 020 7612 7034
E mail: info@icsa.co.uk
Website: www.icsa.org.uk
National Association of Councils for Voluntary Service (NACVS)
Local charities can use the NACVS website to find their nearest Council for Voluntary Service (CVS). These Councils provide support and training for local voluntary organisations on many practical issues, including management issues, IT and volunteering.
National Association of Councils for Voluntary Service
3rd Floor Arundel Court
177 Arundel Street
Sheffield S1 2NU
Tel: 0114 278 6636
E Mail: nacvs@nacvs.org.uk
Website: www.nacvs.org.uk
National Council for Voluntary Organisations (NCVO)
NCVO produces a wide range of information and support services for those working in the voluntary sector, including a publication on inducting and supporting trustees.
National Council for Voluntary Organisations (NCVO)
Regents Wharf
8 All Saints Street
London N1 9RL
Tel: 020 7713 6161
Fax: 020 7713 6300
Helpdesk: 08002 798 798
E mail: ncvo@ncvo-vol.org.uk
Website: www.ncvo-vol.org.uk
Wales Council for Voluntary Action (WCVA)
WCVA is the voice of the voluntary sector in Wales. It represents the interests of, and campaigns for, voluntary organisations, volunteers and communities in Wales. It provides a comprehensive range of information, consultancy, funding, management and training services. Charities can use the WCVA website to find their nearest County Voluntary Council (CVC).
Wales Council for Voluntary Action
Baltic House
Mount Stuart Square
Cardiff
CF10 5FH
Tel: 029 2043 1700
Helpline: 0870 607 1666
Website: www.wcva.org.uk
The following publications often cover issues relevant to trustee recruitment, selection and induction.
Charity Finance
Subscriptions: 020 7819 1204
Charity Management
Subscription information is available from the following address:
Mitre House Publishing
The Clifton Centre
110 Clifton Street
London EC2A 4HD
Charity Times
Website: www.charitytimes.com
Subscriptions: 020 7426 0496/0123
The Guardian – Society section on Wednesdays
Website: www.SocietyGuardian.co.uk
Third Sector
Subscriptions: 020 8709 9050
Voluntary Sector
Contact NCVO for details
1. The Criminal Records Bureau (CRB) is set up to help organisations identify people who are unsuitable for certain types of work, especially that involving contact with children and other vulnerable members of society. This includes trustees of charities that work with children and the trustees of some charities that work with vulnerable adults.
2. The CRB provides a Disclosure service, which offers access to records held by the police, together with those held by the Department of Health and the Department for Education and Skills.
3. Advice on procedure for applying for a Disclosure together with application forms and guidance on how to complete them is available from the Disclosure website www.disclosure.gov.uk or by telephoning the CRB information line on 0870 90 90 811.
4. Although a charge is made for obtaining a Disclosure for paid positions, Disclosures for volunteers, which will include the majority of trustees, are free. The current charges for Standard and Enhanced Disclosures for anyone in a paid position are available from the Disclosure website www.disclosure.gov.uk or by calling the CRB information line on 0870 90 90 811.
5. There are currently two levels of Disclosure, Standard and Enhanced.
Standard Disclosures are available for:
The Disclosure includes all convictions, spent and unspent, and details of cautions, reprimands or warnings held on the Police National Computer.
6. If the position in question involves regular contact with children or vulnerable adults in education or healthcare, the Disclosure will also include information on the Protection of Children Act List and List 99. These lists cover information held by the Department of Health and the Department for Education and Skills on people who are considered unsuitable to work with either children or vulnerable adults.
7. A Disclosure will cover all the information needed to tell whether an individual is disqualified from working with children under the Criminal Justice and Court Services Act 2000.
8. Enhanced Disclosures are available for posts which have greater contact with children or vulnerable adults involving regularly caring for, supervising, training or being in sole charge of these groups. This will not automatically be available for any trustee post, but some may meet the criteria. For example, the trustees of many small charities will be actively involved in its day to day activities.
9. A third type of Disclosure, the Basic Disclosure, is planned, but is not currently available. When it is introduced, the Basic Disclosure will be available to all members of the public and will simply show all unspent convictions. All employers, including charities, will be entitled to ask prospective employees and volunteers for a Basic Disclosure.
10. Only those charities that work with children and vulnerable adults can make checks with the CRB. The Rehabilitation of Offenders Act 1974 prevents other categories of charity from obtaining this information.
11. The definition of working with children is based on the concept of the "regulated position" , contained in the Criminal Justice and Court Services Act 2000. If a job (paid or unpaid) falls within one of the categories of regulated position then it is classed as working with children.
12. There are a number of different types of regulated position, as follows:
13. With the exception of "other positions", the categories are limited to normal duties, with the intention of excluding one-off work. Guidance produced by the Home Office illustrates this with the example of a mini cab firm. If a parent calls and arranges a cab to take a child to an event on a one off basis the driver would not be in a regulated position. However, if the cab firm offered a service to parents for unaccompanied children the drivers would be in a regulated position.
14. In practice, the following are some of the types of organisation that are likely to fall into the definition of working with children:
15. Criminal Records Bureau Disclosures are available in respect of people who work with vulnerable adults, if the positions fall within the exceptions to the Rehabilitation of Offenders Act 1974.
16. Exceptions are made for:
17. In this context "care services" means:
18. "vulnerable adult" means a person aged 18 or over who has a condition of the following types:
19. Whilst the position of trustee of a children’s charity is always a position which can be checked with the CRB, whether or not the trustee of a charity working with vulnerable adults is a position which can be checked with the CRB will depend on the degree of contact which the trustees have with vulnerable adults and whether or not it falls within one of the exceptions detailed in paragraph 16.
20. In practice, this means that the trustees of charities working with vulnerable adults, including those which offer the following types of services are likely to require a Disclosure from the CRB:
21. There is no definitive list of positions for which criminal records checks are required or recommended, but the CRB provides a range of helpful information which is available on it’s website www.crb.gov.uk and on the Disclosure website www.disclosure.gov.uk or by calling the CRB information line on 0870 90 90 811.
22. Information for charities providing care services is also available from the National Care Standards Agency – www.carestandards.org.uk
23. The CRB legislation does not make it compulsory for charities (or others) to make CRB checks for each relevant post.
24. However, organisations which are defined as childcare organisations within the terms of the Protection of Children Act 1999 must check anyone wishing to be appointed to a childcare position, as defined by the Act, against the Protection of Children Act List, which can only be done through the CRB.
25. However, in order to ensure the eligibility of individuals to act as trustees and to safeguard the interests of beneficiaries, we recommend that trustees of charities which can make use of the services of the CRB do so.
26. It is the individual who must apply for the Disclosure, rather than the organisation to which they will be appointed as trustee. The Disclosure certificate will be sent to the individual and a copy sent to the countersignatory.
Full details of how to apply for a Disclosure are available on the Disclosure website or by calling the CRB information line.
27. The application form will need to be countersigned by a body which is registered with the CRB for that purpose. A charity can register with the CRB so that it can countersign applications for Disclosures relating to paid or voluntary posts within the charity.
28. Organisations which register with the CRB can also act on behalf of others by providing access for individuals or organisations to apply for Standard and Enhanced Disclosures. These organisations are known as CRB umbrella bodies.
29. There are three types of organisation that could consider becoming an Umbrella Body:
30. Advice on becoming a registered body and an umbrella body, including details of the costs, together with a search facility to identify existing umbrella bodies is available on the Disclosure website.
31. Each Disclosure will contain the date the Disclosure was printed, and reflects the position as at the date of issue. There is no time limit on the validity of a Disclosure because a conviction or other matter could be recorded against the subject of the Disclosure at any time after it is issued. Therefore, the closer to the date of issue of the Disclosure, the more reliable its contents.
32. As best practice we strongly recommend that charities recheck trustees, including trustees who were originally appointed by the Commission, and others in relevant positions, every three years.
33. If trustees adopt a policy of rechecking every three years, this will mean that those individuals who were already trustees or employees before the Criminal Records Bureau began will also be checked.
34. In some cases an individual may have applied for and recently obtained a Disclosure. For example, they may have been checked in connection with their employment shortly before they are appointed as a trustee.
35. The Commission has a power, in certain circumstances, to appoint a trustee or trustees to a charity. The policy of the Commission, when appointing such trustees is to accept a previously issued Disclosure provided that it is no more than three months old, and we have no reason to suspect that the position has changed since the date that the Disclosure was issued.
36. In line with our practice when appointing trustees, we strongly recommend that charities, as best practice, only accept a previously issued Disclosure if it is no more than three months old.
37. There may be circumstances in which a Disclosure shows a cause for concern, but which falls short of disqualification under the provisions of the Criminal Justice and Court Services Act 2000.
38. A Disclosure is intended to enable organisations to reach better informed decisions. It is not, however, intended to lead to employers rejecting applicants with a criminal record as a matter of course, and the same applies when appointing trustees.
39. The Disclosure website provides a guide to users of the CRB's services about how to strike the right balance between protection and rehabilitation.
40. The Commission’s policy when appointing trustees is that if the individual concerned will not provide us with a Disclosure, then we will not appoint them as a charity trustee.
41 We strongly recommend that trustees adopt a similar policy.
42. There are a number of ways in which we will monitor whether or not charities are checking the eligibility of their trustees.
43. For all new organisations which apply to register as a charity, we ask all the trustees to complete a declaration confirming that they are not disqualified from acting as a charity trustee. In addition, for those new organisations applying to register as a charity that work with either children or vulnerable adults, we ask the person signing the application form to confirm that checks on the trustees have been made with the CRB and that no information has been identified which would give a cause for concern.
44. If a cause for concern has been identified, this does not necessarily mean that the individual should not be appointed as a trustee, but the trustees will need to give careful consideration to the proposed appointment.
45. We have a range of ways to ensure that existing charities have taken the necessary steps to check the eligibility of their trustees. Currently this includes:
46. Under the provisions of the Criminal Justice and Court Services Act 2000, any individual who is disqualified from working with children will be committing an offence if he or she knowingly applies for, offers to do, or accepts work with children, which is either paid or unpaid.
47. It is also an offence to knowingly procure work for, or offer either paid or unpaid work with children to, someone who is disqualified from working with children or to allow them to continue doing such work.
48. In addition, if an unchecked appointment went wrong, the failure to obtain the relevant Disclosure would be an important factor in our consideration of whether or not the trustees had acted improperly.
49. We strongly recommend that trustees of charities which can ask for Disclosures from the CRB take advantage of this service to check the eligibility of individuals applying to work or volunteer for them.