Day: November 21, 2024

Family ‘repeatedly benefitted’ from ‘mismanaged’ Captain Tom Foundation, investigation finds

The Charity Commission’s investigation into The Captain Tom Foundation has found repeated instances of misconduct and/or mismanagement by the family of the late fundraiser, who set up the charity in his name.  

The official report, published today, is highly critical of the conduct and actions of the charity’s former trustee and CEO (Hannah Ingram-Moore) and a former trustee (Colin Ingram-Moore). 

It sets out evidence of serious failings in the charity’s management, including failures to act solely in the best interests of the charity and to effectively identify and manage conflicts of interest. 

The report finds that Mr and Mrs Ingram-Moore, who are now disqualified from serving as charity trustees, are responsible for a “pattern of behaviour” which saw them repeatedly benefitting personally from their involvement in the charity.

The failure to manage conflicts of interest arising from Mr and Mrs Ingram Moore’s link to each other and the charity’s links to their private companies happened repeatedly and led to direct and indirect private benefit for the family.  

The report is also critical of the charity’s unconflicted trustees, who it finds did not always have sufficient oversight and control of the administration of the charity. However, the inquiry notes that their ability to manage conflicts of interest was limited by the failure of the Ingram-Moores to inform them of potential conflicts of interest as these arose.

The report concludes the non-conflicted trustees are responsible for mismanagement but that this did not warrant any further regulatory action. 

Scope of the inquiry

The regulator’s inquiry was opened in June 2021 to examine if trustees had been responsible for misconduct and / or mismanagement and if the charity suffered any financial loss, including private benefit to any current or former trustees. It also considered if conflicts of interest were adequately managed and if all trustees complied with and fulfilled their responsibilities under charity law.  

Findings of the inquiry  

The inquiry examined a range of concerns in detail, assessing the extent to which trustees complied with their legal duties. The report is critical of: 

• The Ingram-Moores’ handling of and public communications about publishing deals for books authored by the late Captain Sir Tom. The inquiry concludes that the public “would understandably feel misled” to learn that sales of his autobiography ‘Tomorrow will be a good day’ have not benefited the charity, given that statements were made which implied donations from sales would be made to the charity carrying his name.  
• Public statements made by Mrs Ingram-Moore regarding her involvement in setting her salary for the role. The inquiry concludes that it might have been technically accurate for her to state that she was “not offered” a “six figure salary”, as the Commission blocked the initial salary request, and no formal offer was made to her prior to the regulator’s authorisation of a lower salary. However, the inquiry finds these assertions were disingenuous, as it saw written evidence that she had stated, prior to starting in the role, that her expectations were for a £150k remuneration package.  
• Mrs Ingram-Moore retaining £18,000 for judging and presenting an award named after Captain Tom. While she claims she undertook the engagement in a personal capacity, the inquiry does not agree and found no evidence that supports her position. Mrs Ingram-Moore committed the charity’s resources to the event without the non-conflicted trustees’ knowledge or consent. 
• The handling of intellectual property rights owned by the Ingram-Moore family but offered to the charity for its use without appropriate agreements in place, which led to confusion and possible financial losses to the charity. 
• The Ingram-Moores’ use of the charity’s name in an original planning application for a building constructed on their private land, which also implied the building would be used by the charity. They did not inform or seek consent from the unconflicted trustees before using the charity’s name for this purpose. The building was subsequently demolished by order of the local authority. The inquiry finds that the couple used the charity’s name inappropriately for private benefit, and that this amounted to misconduct and/ or mismanagement.  

The above matters are examples drawn from the inquiry report, which sets out the findings and conclusions in full, provides wider context and background, and includes lessons for other charities to learn from this case.   

Regulatory action taken 

In June 2024, the Commission disqualified Hannah and Colin Ingram-Moore from being a trustee and from holding a senior management position at any charity for a period of 10 and 8 years respectively.  

Throughout the investigation, the inquiry exercised the Commission’s information gathering powers to obtain information to inform the inquiry’s findings and conclusions as set out in the report. 

David Holdsworth, CEO of the Charity Commission, said:  “Captain Sir Tom inspired a nation and reminded us what service to others can achieve even in the most challenging of times.

“His determined fundraising efforts, and the incredibly generous public response, brought a smile and hope to many of us during the pandemic. We should remember his achievements and how grateful NHS Charities Together is for the £39m he raised for the causes they support.

“Sadly, however, the charity set up in his name has not lived up to that legacy of others before self, which is central to charity. Our inquiry report details repeated failures of governance and integrity.  

“The public – and the law – rightly expect those involved in charities to make an unambiguous distinction between their personal interests, and those of the charity and the beneficiaries they are there to serve. This did not happen in the case of The Captain Tom Foundation. We found repeated instances of a blurring of boundaries between private and charitable interests, with Mr and Mrs Ingram-Moore receiving significant personal benefit. Together the failings amount to misconduct and / or mismanagement.   

“The Commission conducts all its investigations in a fair, balanced and independent way, led by the law and the facts alone. Where those investigations find that individuals have misused the trust that people have in charities, it is right that we take firm action to hold them to account.” 

Reflecting on the role of charity in society more generally, Orlando Fraser, Chair of the Charity Commission, said: “Charities represent the best of society – bringing people together, supporting the most vulnerable, and strengthening communities.

“It is important to remember that their work is underpinned by trustees, most of whom are volunteers, and most of whom fulfil the role with passion and integrity.”

THE last post on the charity’s website states:

Update – July 2023

At this moment in time, the sole focus of The Captain Tom Foundation is to ensure that it cooperates fully with the on-going Statutory Inquiry by the Charity Commission. 

As a result, The Captain Tom Foundation is not presently actively seeking any funding from donors.  Accordingly, we have also taken the decision to close all payment channels whilst the Statutory Inquiry remains open. 

Once the findings of the Statutory Inquiry have been communicated, The Captain Tom Foundation will be in a better position to make a decision in relation to its future, but for now, our main priority is to assist the Charity Commission with its enquiry. 

In the meantime, on behalf of the trustees of The Captain Tom Foundation, we wish to extend a warm thank-you to all our supporters who have enabled us to help charities that were close to Captain Sir Tom’s heart.