1. Governance must be robust and transparent
Poor governance is one of the most common triggers for IM appointments. Trustees must:
- Understand and follow the charity’s governing document
- Carefully manage conflicts of interest
- Ensure strong controls and governance where connected financial transactions are undertaken with the trustees
- Hold compliant AGMs and meetings, and ensure elections and appointments are lawful and transparent
- Avoid overstaying their terms without proper reappointment
2. Trustees are legally accountable
Trustees of small charities often underestimate their responsibilities. However, all trustees are subject to the same legal duties, including:
- Filing accounts and other statutory documents on time
- Maintaining proper financial controls, monitoring financial performance and understanding when to take independent professional advice
- Implementing safeguarding and conflict of interest policies
- Data protection and employment laws
3. Prevention is better than cure
Sometimes events leading to the appointment of an IM could not be foreseen by the trustees - for example, a sudden financial crisis or fraud by a staff member. However, to help mitigate these and other risks, trustees should proactively:
- Monitor compliance with Charity Commission guidance
- Address governance issues before they escalate
- Recruit trustees based on skills and independence
- Ensure the trustee board is independent
- Avoid dominance by any one trustee and considering role rotation
- Be inquisitive and proactively seek to understand and monitor the financial position and key performance indicators of the charity monthly or quarterly, not just at the year end
Ensure there is a strong executive and management team, avoiding conflicts of interests with these functions (for example, the Finance Director also being a trustee).
4. Record-keeping is critical
Good records can protect trustees and demonstrate responsible governance. Trustee meeting minutes should be:
- Accurate, timely, and approved
- Document decisions and conflicts of interest
- Supported by evidence and retained properly
5. Engage positively with the Charity Commission
Trustees who ignore or resist Commission guidance risk escalation to statutory inquiry and IM appointment. Trustees should:
- Cooperate fully and promptly
- Take regulatory advice seriously
- View engagement as a chance to improve, not a threat
6. Understand the consequences of mismanagement
When trustees fail to act, it can damage the charity’s future viability. In the most serious of cases, this can also have personal implications for the Trustees.
The Charity Commission may:
- Exclude them from decision-making
- Appoint an IM to take over operations
- Investigate and publish findings that affect reputation
- Seek an order banning the individuals from holding current and future Trustee appointments.
In the event the trust or charity needs to enter an insolvency process, such as a liquidation or administration, it can have further ramifications for the Trustees due to investigations and any resulting actions taken by the insolvency practitioner.
Concluding comments
Interim managers serve as a critical safeguard within the UK charity sector. Their appointment is a serious step, reflecting the Charity Commission’s commitment to upholding standards and protecting charitable assets.
IMs often encounter complex situations, may face resistance from Trustees and staff, often need to make difficult decisions, must balance their costs and value add, and, where the charity survives, help rebuild trust and reputation.
Trustees can learn valuable lessons from IM appointments, improving their governance structure and decision-making processes, whilst at the same time reducing the risk of their own charity being subject to a Charity Commission investigation and IM appointment.
Speak with an interim manager to explore tailored support for your charity
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