Charity Commission
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New Charity Inquiry: Jalalabad Association

Charity regulator investigation into charity which failed to submit accounts for 4 years.

The Charity Commission has opened a statutory inquiry into Jalalabad Association (1012090) to look into concerns over potential mismanagement in the administration of the charity.

The charity, whose objects include the advancement of the religion of Islam throughout the Hereford and Worcester area, was previously included in a class statutory inquiry after failing to fulfil its statutory duty to submit its necessary financial information to the Commission for 5 consecutive years.

As part of the class inquiry the Commission made an order under section 84 of the Charities Act compelling the trustees to provide, within a specified time frame, the outstanding information and to undertake a review, implementing changes to the charity’s procedures and practices around the preparation and submission of financial information. The trustees failed to comply with this order, but eventually submitted a set of accounts and a trustees’ report for the financial year ending 31 March 2013, 1735 days late.

The trustees continue to be in default of their statutory duty to file annual returns and accounts with the Commission, with information for the years 2012 and 2014 – 2017 still outstanding.

As a result of the trustees’ continued non-compliance, the Commission opened a separate statutory inquiry into the charity on 12 December 2018 to examine the following regulatory issues:

  • the extent to which the trustees are complying with their legal duties in respect of their administration, governance and management of the charity, and in particular:
    • the extent to which a properly appointed board of trustees is exercising proper and adequate oversight over the charity’s affairs
    • the charity’s financial management, include its financial controls
    • its compliance with legal obligations for the preparation and filing of the charity’s accounts and other information and returns
  • the extent to which the trustees have complied with previously issued regulatory guidance and the order made under section 84 of the Charities Act in the previous inquiry

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.

Notes to Editors

  1. 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.
  2. Section 84 of the Charities Act 2011 gives the Commission the power to direct specified action by trustees where it is satisfied that misconduct or mismanagement has occurred or there is a need to protect the charity’s property.
  3. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work see the about us page on GOV.UK.
  4. Search for charities on our check charity tool.

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Original article link: https://www.gov.uk/government/news/new-charity-inquiry-jalalabad-association

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