Tag: mismanagement

Regulator’s inquiry into Care4Calais finds serious historic misconduct and/or mismanagement

Charity Commission says governance has improved significantly under new leadership

In a report published today (24th August 2023), the Charity Commission concludes that the former trustees of Care4Calais are responsible for several instances of misconduct and/or mismanagement.

The regulator is critical of the former trustees, finding that, over a number of years, the charity lacked appropriate governance structures, had poor internal financial controls and that its approach to handling complaints was inadequate.

The inquiry, which opened in August 2020, concluded that the charity’s overall management and governance have now improved significantly as a result of the Commission’s intervention and efforts made by the current trustees, including those appointed during the inquiry.

The Commission appointed an interim manager, who undertook an independent review of the charity’s governance, administration and decision-making.

Poor internal financial controls

The inquiry is critical of the charity’s financial management, notably a lack of suitable internal financial controls. Between October 2017 and August 2020, payments of over £340,000 were made to the personal bank account of one of the charity’s now former trustees. Because of this, at the opening of the inquiry the Commission used its powers to restrict financial transactions between the charity and current or former trustees.

The inquiry found that these payments were reimbursements for charitable expenditure incurred by the trustee. The trustee in question explained that this arrangement saved the charity around £3,000 per year in foreign exchange fees. The inquiry concluded that while no funds were misused or misappropriated for private benefit, this arrangement was inappropriate, and put the charity’s funds at undue risk.

Governance failings, poor complaint handling and dispute

The regulator found that between 2020 and 2021, Care4Calais operated with two trustees, failing to maintain the minimum number of trustees stipulated in its governing document. A dispute between board members left them unwilling or unable to resolve their conflict. This was found to be misconduct and/or mismanagement and the regulator remedied this by appointing additional trustees during the inquiry.

The inquiry also concluded that the charity’s handling of complaints was inadequate. The charity failed to demonstrate that complaints were handled in an impartial, fair, open and transparent way and failed to maintain records of investigations.

On at least one occasion, and in breach of the charity’s own policy, one trustee handled a complaint about another trustee to whom they were related, failing to identify or manage the conflict of interest and/or loyalty which arose.

As part of an action plan issued in 2022, aimed at strengthening the charity’s overall management and governance, the Commission directed the charity to strengthen its existing policy and create a complaints log.

Charity structure and conflicts of interest

Two of the former trustees were siblings, and the inquiry found little evidence to demonstrate that any past conflicts of interest or loyalty which may have existed had been appropriately managed. This was worsened by poor minute-taking. This amounted to misconduct and/or mismanagement.

The founder of the charity was a trustee and also the Chief Executive Officer (CEO). The interim manager recommended, to ensure a more balanced distribution of decision-making power, that the charity should recruit an independent CEO.

As part of the 2022 action plan, trustees were directed to recruit a CEO to head up the charity’s operational activity. A new CEO joined the charity on 10 April 2023 and the charity continues to progress recommendations for improvement. During the inquiry, the founder stepped down.

Campaigning and political activity

As part of its inquiry, the Charity Commission reviewed the trustees’ decision to issue judicial review proceedings to challenge the UK government’s Migration and Economic Development Partnership with Rwanda.

It found the decision was properly made, adequately documented, and was within the range of reasonable decisions open to the trustees of this charity. The activity itself served to further the charity’s objects, and the inquiry determined it was in line with the Commission’s guidance on political campaigning.

Improved governance and management

The Commission’s inquiry report makes clear that the new trustee board, which includes trustees appointed by the regulator, has implemented the 2022 action plan and introduced significant improvements to the charity’s management, governance and operation. This includes improvements to its complaints handling process.

The regulator has communicated to the charity that it expects improvements to continue, through the implementation of the extensive advice and guidance given throughout the inquiry.

Orlando Fraser KC, Chair of the Charity Commission, said: “Our inquiry found that, over a significant period of time, and following a rapid expansion of its operations, Care4Calais was not managed well. Its funds were put at risk, and there was serious misconduct and/or mismanagement by the former trustees.

“I am pleased that the Commission’s intervention has led to significant improvements to the charity’s governance, not least thanks to the work of the interim manager and new leadership.

“The charity is now in a much better position to deliver on its purposes. We have issued the new trustees with advice and guidance, including in relation to its international activities, so the charity is managed in line with the law and our regulatory expectations into the future.

He added: “I am very aware that this charity’s work has generated attention and controversy. We will not shy away from examining concerns raised about any charity and will take strong action where necessary.

However, as a fair, balanced and independent regulator we will not be influenced by political debates, nor should we stop charities from furthering their purposes in line with the law set down by Parliament. It is for the Commission to assess whether trustees are meeting their responsibilities – and that is what we have done.

The full report detailing the findings of this inquiry can be found on gov.uk.

“Daughter of furlough”?

TUC calls for permanent short-time working scheme to protect jobs in times of economic crisis and change

  • TUC says government must build on the success of furlough – and set up a permanent scheme to deal with big disruptions to jobs in the future, like the transition to net zero, future pandemics and technological change 
  • Periods of industrial change have too often been mismanaged and led to increased inequality – a short-time working scheme would help prevent this, says TUC 
  • Union body warns of job losses amid abrupt end to furlough scheme 

The TUC is calling on the government to establish a permanent short-time working scheme as “a post pandemic legacy” to help protect working people through periods of future economic change. 

The TUC says the furlough scheme, while far from perfect, is one of the major successes of government policy during the pandemic, protecting millions of jobs and livelihoods. 

On the back of the success of the furlough scheme, the union body is urging government to build on furlough – “not throw away its good work” – with a permanent short-time working scheme to make the labour market more resilient in times of change and crisis.  

The union body adds that because of the UK transition to net zero and the increased uptake of new technology, this is “hugely relevant”.   

Case for a short-time working scheme 

In a new report, Beyond furlough: why the UK needs a permanent short-time work scheme, the TUC says the case for a short-time working scheme is clear, citing significant benefits for workers, firms and government. The union body says for workers, a short-time working scheme would: 

  • reduce the risk of workers losing their jobs in times of crisis  
  • protect workers’ incomes – particularly as short-time working schemes are usually more generous than unemployment benefits.  
  • prevent widening inequalities – protecting women, disabled workers and BME workers who tend to lose their jobs first in a recession due to structural discrimination   

And for the government, it would: 

  • protect against long-term unemployment, and the subsequent devastating impacts on communities 
  • help stabilise the economy, and encourage a faster economic recovery as workers continue to spend their wages 
  • save money, as the cost of furlough schemes is often below the cost of unemployment benefits, particularly where costs are shared with employers. 

For employers, the TUC says that such a scheme would produce significant savings on redundancy, training and hiring costs, as they enable firms to keep skilled workers on their books. 

The union body points out that the UK is an anomaly among developed nations in having no permanent short-time working scheme to deal with periods of industrial disruption and weak demand.  

In the OECD, 23 countries had short-time working schemes in place before the coronavirus pandemic, including in Germany, Japan and many US states. 

Turbulent times ahead 

The TUC predicts that the UK economy is likely to face significant risks in the future – be it from climate change and the transition to net zero, new technologies such as AI, new variants or another pandemic. All could cause unpredictable and widespread disruption in the labour market – causing big spikes in unemployment and business failure.  

The TUC cites failed attempts to manage industrial change in the past, which “left communities abandoned” and played a major role in the widespread regional inequality we see today.  

The union body says that if the government is serious about levelling up, it will put in place a permanent short-time working scheme to prevent inequalities spiralling – adding that a short-time working scheme could play a vital role in achieving a ‘just transition’ to net zero.   

Criteria for accessing scheme 

The TUC says the scheme should be governed by a tripartite panel bringing together unions, business and government, which should be tasked with designing the criteria for the new scheme. 

In designing the scheme, the TUC says the panel should take into account best practice from existing global schemes. The union body has set out the following conditions which it says must be in place for accessing a short-time working scheme: 

  • Workers should continue to receive at least 80 per cent of their wages for any time on the scheme, with a guarantee that no-one will fall below the minimum wage for their normal working hours 
  • Any worker working less than 90 per cent of their normal working hours must be offered funded training. 
  • Firms must set out a plan for fair pay and decent jobs 
  • Firms should put in place an agreement with their workers, either through a recognised union or through consultation mechanisms. 
  • Firms must demonstrate a reduction in demand – which can include restructuring     
  • Firms should commit to paying their corporation tax in the UK, and not pay out dividends while using the scheme. 
  • The scheme should ensure full flexibility in working hours. 
  • There should be time limits on the use of the scheme, with extension possible in limited circumstances. 

TUC General Secretary Frances O’Grady said: “Everyone deserves dignity and security at work. The pandemic shows how an unexpected economic shock can wreak havoc on jobs and livelihoods with little warning. 

“In a changing and unpredictable world – as we battle climate change and new technologies emerge – a permanent short-time working scheme would help make our labour market more resilient and protect jobs and livelihoods.  

“Too often in the past, periods of economic and industrial change have been badly mismanaged – increasing inequalities and leaving working people and whole communities abandoned.  

“Setting up a ‘daughter of furlough’ to provide certainty to workers and firms through future industrial change would be a fitting pandemic legacy. 

“Furlough has been a lifeline for millions of working people during the pandemic. Now is the time for the government to build on the success of furlough with a short-time working scheme – not throw away its good work.” 

Furlough warning 

The call for a permanent short-time working scheme comes exactly six weeks before the furlough scheme is set to end – the date at which employers are legally obliged to start consulting on planned redundancies with their staff.  

The TUC is warning the abrupt end to the furlough scheme will cause unnecessary job losses and may harm the country’s economic recovery. 

Recently, aviation unions have also been raising concerns about the sudden end to the furlough scheme and the loss of jobs in the sector. 

On the ending of the furlough scheme, Frances said: “The jobs market is still fragile, with more than a million people still on furlough. 

“An abrupt and premature end to the furlough scheme will needlessly cost jobs and harm our economic recovery.  

“Instead of pulling the rug out from under the feet of businesses and workers, the chancellor must extend the furlough scheme for as long as is needed to protect jobs and livelihoods.” 

Captain Martin Chalk, Acting General Secretary of BALPA said:  “The UK aviation sector is the only industry to remain effectively in a lockdown.  

“It employs about one million workers directly and ONS statistics show that 57% of remaining employees in air transport companies remain on furlough.  

“The scale of jobs at risk of redundancy when the furlough scheme ends is self-evident, yet the footprint of aviation must not be missed – one in four constituencies has over 1,000 people employed directly by aviation companies.  

“If the Chancellor chooses not to extend furlough, the effects will be felt by workers, communities and businesses right across the country.” 

Diana Holland, Unite Assistant General Secretary, said: “Aviation is crucial to the UK’s economic recovery. It needs furlough support to continue while Covid restrictions apply.

“Airports and aviation support thousands of jobs. Without support all are at high risk.” 

– The full report Beyond furlough: why the UK needs a permanent short-time work scheme is here: 

https://www.tuc.org.uk/sites/default/files/2021-08/PermanentFurloughReport.pdf