ARTICLE
9 October 2024

UK Charity Regulator Serves Calderdale Council With An Official Warning

WL
Withers LLP

Contributor

Trusted advisors to successful people and businesses across the globe with complex legal needs
The Charity Commission has issued its first Official Warning to Calderdale Metropolitan Borough Council for failing to fulfill its trustee duties for 13 charities, including local parks and libraries. The council neglected to file overdue annual returns and did not comply with a 2023 action plan, risking further regulatory action
United Kingdom Corporate/Commercial Law

For the first time ever, the Charity Commission has issued an Official Warning to a local authority.

Calderdale Metropolitan Borough Council was issued with an Official Warning after it failed to comply with its duties as trustee of 13 charities.

Some of the charities of which Calderdale Council is a trustee include recreational grounds, parks and libraries, all of which are important to the local community.

This follows a recent letter from the Commission's CEO, David Holdsworth, to all local authorities warning them about complying with their duties and setting out actions they can take to ensure compliance. This included reviewing recent guidance and keeping a register of charitable assets to ensure any council correctly manages them.

Calderdale Council failed to file annual returns and accounts for all 13 charities which have been overdue for several years. Furthermore, they failed to comply with an action plan which was issued to them in 2023.

They now have to implement processes to, amongst other things, ensure all 13 charities are compliant going forward and hold regular trustee meetings. Failure to do so may result in further regulatory action.

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