We are very happy to provide our charity law update below, which will bring you up to speed on legal developments from our sector since our last update in January.

We will be in touch again in the Autumn with a further legal update. Alongside this, in September our team will be running a series of training webinars for trustees and staff, covering the latest issues, in conjunction with HaysMac specialist accounts. We encourage you to sign up to these sessions here.

If you need any legal help or would like to discuss any queries in the meantime, we would be delighted to hear from you.

Stephen O'Reilly

Head of charities and social enterprise
s.oreilly@hempsons.co.uk

Martyn Robinson

Associate
m.robinson@hempsons.co.uk

Fundraising updates

New Code of Fundraising Practice coming into effect in November

The Fundraising Regulator has concluded its review of the Code of Fundraising Practice (“Code”) and now issued a revised version of the Code.

The new Code (available here) is much more concise, and directs readers to external sources on legal compliance where possible. The changes have reduced its length by almost one half.

The Code will come into effect on 1 November 2025. In the meantime, the 2019 version will continue to be in force.

Action point: Trustees and other parties involved in charity fundraising will need to ensure that they consult the new Code from November.

Regulatory updates

Official warning issued by the Charity Commission in relation to social media activity

The Charity Commission issued an official warning in early June against a charity (Palestinian Refugee Project) on the basis of misconduct and/or mismanagement. Details of the official warning can be found here.

The trustees of the charity in question were found to have “failed to effectively manage the Charity’s website and social media”, among other failings. It is reported that one trustee had control of the material that was posted, and was promoting political material which was divisive and inflammatory.

The same trustee has been disqualified from serving as a trustee or senior manager for eight years.

Action point: Charities should take note that breaches in relation to social media activity can lead to serious regulatory action.

Charity Commission criticises trustee for lack of financial controls in inquiry report

In May, the Charity Commission published its report into the Olive Grove Foundation, following a statutory inquiry. The report notes that the charity allowed a transfer of more than £150,000 of charity funds into the personal account of one of the trustees, to facilitate transfers overseas.

The charity also applied monies towards purposes that fell outside of its objects. The Commission noted that the charity’s policies should have been more comprehensive given its size and the nature of its operations. More details can be found here.

Action point: Charity trustees should note that financial controls must be complied with, and policies should be appropriately detailed and take account of the charity’s operations.

Charity Commission guidance

Charity Commission updates its guidance on trustee payments

In late April the Charity Commission updated its guidance document CC11, now titled Charities paying a trustee or a connected person: understand the rules, with an emphasis on the voluntary and unpaid nature of the trustee role.

The guidance has been separated into discrete sections relating to different types of trustee benefit, including:

  • supplying goods and services to the charity;
  • being employed by the charity;
  • being paid to carry out trustee duties; and
  • compensation for loss of earnings.

Guidance on trustee expenses (i.e. payment for out of pocket expenses) has been separated into its own document (available here).

Action point: This is an important area of compliance for all charities. Trustees should have regard to the new guidance.

Charity Guidance on trustee recruitment revised by the Charity Commission

In May the Charity Commission issued a new version of its guidance document CC30, now called Finding and appointing new trustees, as part of a push to encourage better usage of this particular guidance.

The revised version has more detail on practical steps that charities might take to find suitable candidates. It also includes sections on writing trustee role descriptions, and developing better induction processes for new trustees.

Action point: Charities should find this revised guidance practically useful if they are looking to recruit trustees.

Law and policy updates

Consultation run in relation to new version of the Charities SORP

In late March, a 12-week consultation commenced in relation to proposed changes to the SORP.

The Charities “SORP” (or Statement of Recommended Practice) is a guidance document for accountants regarding the preparation of charity accounts.

The consultation closes on 20 June 2025. Following this process, a revised version of the SORP is expected to be published in the Autumn of 2025, to take effect in January 2026.

Action point: Trustees should liaise with their accountant advisers to understand key points arising from the amendment of the SORP later this year.

Business rates relief removed for charitable private schools

The government has followed up on its proposal to remove business rates relief from charitable private schools, with effect from 1 April in England. The same measure has also come into force in Wales.

Broadly, relief from business rates is granted at 80% for charities, subject to certain eligibility criteria. Most charitable private schools in these territories will no longer benefit from this relief.

Action point: Trustees of such charities will already have been planning for the removal of this relief. It is a reminder to the sector of the government’s ability to overturn well-established reliefs for charities.

Consultation underway regarding key financial thresholds

The Department of Culture Media and Sport (“DCMS”) ran a consultation from April to mid-June asking for views on certain key thresholds in charity law (see details here).

These include looking at the income level for compulsory registration of charities (currently £5,000 per year), which DCMS is recommending should remain at the current level.

The consultation also looks at the thresholds for charity reporting and accounting. A follow-up is expected in the Autumn.

Action point: Charities will want to monitor the outcome of this consultation, in particular around the income thresholds for reporting and accounting.

Court decisions

Aspects of the Charity Commission’s inquiry report on Kid’s Company found to be “irrational”

In May there was a High Court ruling regarding a judicial review challenge against the 2022 report published by the Charity Commission followings its statutory inquiry into the charity.

The collapse of Kid’s Company involved a range of legal proceedings, including action to disqualify the trustees from being company directors (brought by the Official Receiver), which was dismissed in 2021.

In this recent ruling, the High Court determined that two sections of the report were “irrational”. Other challenges were rejected by the Court. The Commission has now amended its report accordingly.

Action point: This case emphasises that the Charity Commission remains accountable for its enforcement action, and that judicial review challenges can be brought successfully against the regulator.

Contributor: Alder UK

Tim Toulmin, managing director at Alder, a crisis communications firm that advises charities, has contributed an insightful article looking at the importance of communications (both internal and external) during a charity merger.

The article looks at:

  • planning ahead
  • avoiding generic messaging
  • developing a common purpose between parties
  • engaging stakeholders throughout the process
  • aligning with your legal advisers
  • keeping a focus on tone and timing

Read Tim’s article here.

Action point: Charities that are embarking on or considering a merger will find this point of view highly useful.

Other areas of interest

Supreme Court rules that ‘sex’ under the Equality Act means biological sex

In April 2025, the Supreme Court issued a key ruling, unanimously holding that “sex” within the meaning of the Equality Act 2010 refers to biological sex.

For information about this key case and its implications for your charity, see this article published by our employment colleagues in late April 2025.

Action point: Charities need to be aware of this crucial legal case, and monitor the ongoing discussions around its impact.

Landmark case on discrimination and expressing beliefs on social media

Earlier this year, the Court of Appeal gave a much anticipated ruling in the case of Higgs v Farmor’s School, finding that a claimant was subjected to unlawful discrimination for expressing controversial beliefs on social media. The individual had been suspended and dismissed for gross misconduct, before bringing their claim.

For information on this ruling, please see this article published by our employment team.

Action point: Organisations should have regard to this judgment if similar circumstances arise in relation to their staff.

Contact us

You can find out more about our work in the charities and social enterprise sector and get in touch with Stephen and Martyn on our website.

If you need any legal help, have any questions, or would like to discuss any of the issues covered in this update, we would be delighted to hear from you.