The Charity Commission has concluded its compliance case into Sentebale, having found no evidence of widespread bullying or harassment but criticising 'all parties' for allowing the dispute to play out publicly in the media.
Background
Sentebale was co-founded in 2006 by Prince Harry, The Duke of Sussex and Prince Seeiso of Lesotho. The charity supports children and young people in southern Africa, including those living with HIV/AIDs.
In 2023, the trustees decided to start a new fundraising strategy in the United States. An internal dispute subsequently developed between the charity's chair, some of the trustees and one of its patrons, the Duke of Sussex. The dispute was first reported to the Charity Commission in February this year. The co-founders both resigned as patrons the following month.
Regulatory compliance case
The Commission opened a regulatory compliance case in April, following concerns raised by various different individuals. Interviews were conducted and the evidence was reviewed.
The purpose of a regulatory compliance case is to determine whether a charity's trustees have fulfilled their duties and responsibilities under charity law. The Commission's role is as regulator, not to adjudicate or mediate internal charity disputes.
Commission's findings
The Commission found that the main reason for the charity's governance failure was a lack of clarity regarding role descriptions, delegation and internal policies. In particular:
- the delegation of certain powers to the chair was a 'confusing and convoluted' process;
- the trustees did not have proper processes and policies in place to investigate internal complaints; and
- overall, a lack of clear policies contributed to the failure to resolve disputes.
This ambiguity exacerbated tensions and ultimately caused the dispute and the subsequent resignations of trustees and founding patrons. The Commission found that this amounted to mismanagement in the administration of the charity.
The Commission criticised all parties for allowing the dispute to be played out publicly. The trustees' failure to resolve the dispute internally severely impacted the charity's reputation and risked undermining public trust in the sector.
Despite being a focus in the press, the Commission found no evidence of systemic bullying or harassment, or of 'over-reach' by the chair or the Duke of Sussex as patron.
Conclusions
The Commission concluded that 'all parties' had failed to resolve issues which led to the dispute. The Commission noted that strategic and financial difficulties that arose for the charity following the Covid-19 pandemic contributed to its internal tensions.
The Commission has stressed that when there is a disagreement, trustees must not to lose sight of their charity's best interests and those who rely on its support. The Commission recommends mediation for internal disputes, which trustees must approach in good faith.
Next steps
The Commission issued a Regulatory Action Plan which directs the current trustees to:
- Implement an internal dispute policy;
- Improve the charity's complaints and whistleblowing procedures;
- Establish clear processes for delegating authority; and
- Prepare a clearly defined patron role description.
The Regulatory Action Plan also sets out the importance of the trustees securing sufficient funding to enable the charity to deliver its services.
The Commission will be monitoring the charity's progress on these steps.
David Holdsworth, Chief Executive of the Charity Commission, said:
'Passion for a cause is the bedrock of volunteering and charity, delivering positive impact for millions of people here at home and abroad every day. However, in the rare cases when things go wrong, it is often because that very passion has become a weakness rather than a strength.'
Sentebale's problems played out in the public eye, enabling a damaging dispute to harm the charity's reputation, risk overshadowing its many achievements, and jeopardising the charity's ability to deliver for the very beneficiaries it was created to serve'.
This case highlights the need for clear internal dispute and complaints policies and procedures, as well as careful interaction with the media. This is particularly important in charities with high profile trustees, founders or patrons on which media attention is more likely to be focused.
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