New Charity Investigation: Cymmer Workmens Hall and Institute

5 Feb 2018 11:06 AM

Charity Commission launches new statutory inquiry into Cymmer Workmens Hall and Institute (810098).

The Charity Commission, the independent regulator of charities in England and Wales, has opened a new statutory inquiry into the Cymmer Workmens Hall and Institute (810098). The investigation was opened on 7 September 2017.

The charity, based in Wales, operates a social club and funds educational activities. Its property is used by local community groups.

The Commission has previously provided advice and guidance to the trustees regarding substantial levels of non-primary purpose trading that the charity has undertaken and the charity’s failure to submit Statement of Recommended Practice compliant accounts.

The Commission is also concerned that there appears to be only one active trustee of the charity.

The charity was included and subsequently removed from the Commission’s class inquiry in 2014 after submitting the outstanding accounts, but fell into default and became part of the class inquiry again in February 2017. After further reminders from the Commission the charity submitted late accounts for 2014 and 2015 but these were not compliant with the Statement of Recommended Practice.

The investigation is examining:

• the administration, governance and management of the charity by the trustees, with specific regard to:
  • ensuring any trading carried out by the charity is compliant with current legislation
  • the charity’s control systems
  • how the charity complies with its governing document
  • risks to the charity, its property and reputation
• the extent to which any failings or weaknesses identified in the management and administration of the charity, during the conduct of the inquiry, were a result of misconduct and/or mismanagement by the trustees
• the extent to which the charity is able to operate on a proper footing and whether steps need to be undertaken to modify the operating structure and governing document framework of the charity and social activities associated with the charity’s property

The purpose of an inquiry is to examine issues in detail, investigate and establish the facts so that the regulator can decide what action needs to be taken to resolve the serious concerns, if necessary using its investigative, protective and remedial powers to do so.

A meeting with the one active trustee has already taken place and an order under S84 Charities Act 2011 has been issued to the charity requesting the submission of all outstanding documents by 6 March 2018. To date, the trustee has co-operated fully with the 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.

The charity’s details can be viewed on the Commission’s online charity search tool.

Notes to editors

1. 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.
2. Search for charities on our check charity tool.
3. 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.

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