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Charity governance: what trustees must and should do

This hub covers charity governance for trustees in England and Wales, Scotland and Northern Ireland, from the day you join the board. It starts with what you are personally taking on and who can serve, then the governing document, registers, meetings and minutes. Then come delegation, conflicts, policies, risk and the governance codes; last are recruitment, succession, AGMs and amending the governing document.

25 steps, in the order you meet them.

Most writing about charity governance describes best practice as though it were law. This part keeps the two apart: what you must do, what you will be judged on if something goes wrong, and what is simply a good idea someone published once.

Some of the received wisdom turns out to be wrong. A risk register is not required by statute. An AGM is not required either, unless your own governing document says so. Minutes, on the other hand, are a more serious matter than most trustees realise.

Look up

Glossary

Tools

  • Connected person checker — Tool: planned
  • Governance code self-assessment — Tool: planned
  • Trustee liability checker — Tool: planned

Templates

  • Statutory registers — Template: planned

Understand

Do

Common questions

In England and Wales the Charity Commission sets out the duties in its guidance, The essential trustee: carry out the purposes for the public benefit, follow the governing document and the law, act in the charity's best interests, manage resources responsibly, act with care and skill, and be accountable. Scotland sets its duties in statute. See the trustee duties.

Sometimes. A charity trustee can be liable to the charity for a loss they cause, whatever its legal form, and in an unincorporated charity to its creditors as well. Personal liability is rare, but incorporation does not remove all of it. Trustee personal liability sets out when it applies.

Almost anyone who is old enough and not disqualified. The minimum age depends on the charity's structure and nation, and the disqualification grounds reach well past bankruptcy and dishonesty. Who can be a charity trustee covers both, and the step Check every trustee's eligibility sets up the recurring check.

Not for being trustees alone: that needs separate authority, such as the governing document or an order. In England and Wales a charity trustee can be paid for goods or services if statutory conditions are met, while Scotland starts from a ban. See Can charity trustees be paid?

In England and Wales, usually not by law: the duty to manage conflicts binds every trustee, but the written policy is recommended rather than required. A charitable company facing an actual conflict must amend its articles first. See Adopt a conflicts of interest policy.

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