The Charity Commission, the independent regulator of charities in England and Wales, has opened a statutory inquiry into Kids ‘N’ Cancer UK, registered charity number 1138702, and frozen its bank accounts. The inquiry was opened on 15 March 2017.
The charity has objects to provide assistance and financial support to children seeking cancer treatment, and to assist with the overseas costs of Proton Beam Therapy which is not yet available in the UK.
The Commission has established that there are clear and on-going regulatory issues relating to the administration and financial controls of the charity following the arrests of a trustee and an employee of the charity.
The inquiry will examine the:
- charity’s governance, particularly since only one trustee remains active
- trustee’s management of the charity’s financial affairs including its financial controls, fundraising activities associated with specific beneficiaries, the application of funds, and the risk to charity property
- extent to which trustees have properly authorised benefits and remuneration to a trustee and employee at the charity
In order to protect the assets of the charity, the Commission has taken steps to freeze the charity’s bank accounts under section 76(3)(d) of the Charities Act 2011.
It remains in contact with the Derbyshire Police and will cooperate with the police investigation as necessary.
The Commission had historic engagement with the charity. In 2014, it identified weaknesses in the charity’s administration and issued an action plan to address concerns in areas such as accounting, financial controls and governance.
It was satisfied at the time that the trustees took appropriate action to comply with its plan, but further concerns about the charity’s management and financial controls have now arisen.
The Commission stresses that opening an inquiry is not in itself a finding of wrong doing. The purpose of an inquiry to examine issues in detail and investigate and establish the facts so that the regulator can ascertain whether there has been misconduct and mismanagement; establish the extent of the risk to the charity’s property, beneficiaries or work; decide what action needs to be taken to resolve the serious concerns, if necessary using its investigative, protective and remedial powers to do so.
It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were. Reports of previous inquiries by the Commission are available on GOV.UK.
The charity’s details can be viewed on the Commission’s online charity search tool.
Notes to editors
- The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see our annual report.
- Search for charities on our online register.
- Section 46 of the Charities Act 2011 gives the Commission the power to institute inquiries. The opening of an inquiry gives the Commission access to a range of investigative, protective and remedial legal powers.
- The Commission’s decision to announce the opening of a statutory inquiry is based on whether it is in the public interest to do so and with consideration of our objective to increase public trust and confidence in charities.
Read more information on the Commission’s policy and factors taken into account when deciding to issue a press release.
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