As trustees, you are responsible for governing your charity and making decisions about how it should be run.  The Charity Commission cannot advise you on whether a decision is right or wrong.  Some decisions do not work out as intended. You are only responsible for complying with your trustee duties and acting on what you could reasonably have known when you made the decision, even if the decision goes wrong. Follow the decision-making principles and keep a record of how you made your decision.  You are expected to do your best, taking into account your skills, knowledge and experience. There are higher standards for professional or paid trustees.  Where concerns are raised with the Commission, which we take forward, we will look at whether trustees followed the decision-making principles. Sometimes we may look at the end decision but we will always be interested in how trustees made their decision.  Read about how the Charity Commission will assess any concerns that come to our attention. The Commission may open a statutory inquiry if there are serious concerns about misconduct and/or mismanagement.  If your decision is invalid or overturned, then your charity may lose money. As a result, the trustees may be jointly liable to cover the loss. If your charity is a charitable company, you also risk breaching your legal duties under company law.  If, because of a decision, you personally receive payments or benefits from the charity without authority, the trustees may have to either:
recover the loss from you or
make good the loss themselves
Charity Commission involvement for certain decisions  In very limited circumstances, when the matter is complex and/or high risk, you can apply to the Commission for formal advice on whether what you want to do is consistent with your powers and duties. For example, if you’re not sure that you have the power to carry out an unusual or large transaction. You can apply for this advice under section 110 of the Charities Act. If you follow the Commission’s advice in good faith, you will be considered in law to have acted properly.   You may need Commission authority for certain decisions. Check your governing document and read our relevant guidance to understand if you do need authority.