Dominik Opaliński Explores Accountability, Trust And Regulatory Scrutiny In Governance Publishing

Dominik's comments were published in Governance Publishing, Journal 384, 24 August 2026, and can be seen here.

Dominik Opaliński, Partner and Head of our Governance, Safeguarding and Charity department, explores the governance lessons arising from the recent parliamentary scrutiny of the Charity Commission and considers how institutions should respond when their own decisions are challenged. 

Using the Commission's attempt to judicially review decisions connected to reports laid before Parliament as a case study, Dominik argues that governance is about more than structures and compliance. It is also reflected in how organisations react to criticism, accountability and external scrutiny.

He explains that organisations can sometimes focus too heavily on the legal defensibility of a decision rather than on wider questions of governance, judgement and public confidence. While seeking legal clarity may be appropriate, a course of action that is legally arguable is not necessarily institutionally wise. Boards must consider not only legal issues, but also organisational purpose, stakeholder impact, reputational consequences, proportionality and long-term legitimacy. 

The article highlights the importance of board responsibility and candid leadership, particularly in matters involving safeguarding, whistleblowing and other sensitive concerns. Dominik emphasises that accountability cannot be delegated to professional advisers and that boards should carefully assess decisions that may restrict disclosure or place the organisation in conflict with oversight bodies. Public confidence is more likely to be strengthened when organisations are transparent, acknowledge uncertainty and remain open to challenge. 

Ultimately, Dominik argues that trust is earned through behaviour rather than policies or compliance statements alone. Governance at its best requires organisations to remain accountable, test assumptions independently and genuinely consider the experiences of those affected by their decisions. The key question for boards is not simply whether they can take a particular course of action, but whether doing so will strengthen or diminish the trust and confidence upon which their authority depends.

Read the full article on the Governance Publishing website, [subscription required]. 

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