Why this policy exists
This policy covers serious incident reporting to the charity regulator, the Charity Commission (“the commission”), as it relates to Mattering Press. This policy provides Mattering Press with an effective and easy to follow process that closely follows the commission’s guidance.
Scope
This policy covers all activities of the charity and its operations. It does not cover or replace the charity’s obligations to report incidents to statutory authorities such as the police, health and safety executive or any other relevant authority.
Background
The commission states that it is vital that charities, whether they work domestically or around the world, report serious incidents to the regulator. The commission also states that data on serious incident reporting allows it to better understand risks facing the sector and take appropriate action.
However, the commission recognises the challenging nature of the work undertaken and the difficult context faced by many charities. It understands that serious incidents will happen, but it is the commission’s role to ensure that trustees comply with their legal duties and that the charity manages the incident responsibly. The commission will be looking for assurance that the charity has taken steps to limit the immediate impact of any serious incidents that may occur and, where possible, prevent it from happening again.
The commission acknowledges that many problems can be resolved by trustees themselves. However, sometimes it needs to use its powers to protect a charity. Reporting also means the commission can identify whether other charities might be affected and can give better advice to all charities to help them protect themselves.
What is a serious incident?
The commission defines significant as ‘significant in the context of your charity, taking account of its staff, operations, finances and / or reputation’; and defines a serious incident as an adverse event, whether actual or alleged, which results in or risks significant:
- Harm to people who come into contact with our charity through our work and our trading subsidiary.
- Loss of our charity’s money or assets.
- Damage to our charity’s property.
- Harm to our charity’s work or reputation.
An act of discrimination against any person with a protected characteristic listed in the Equality Act 2010 will also be treated as a serious incident.
The main categories of reportable incidents set out by the commission are:
- Protecting people and safeguarding incidents – incidents that have resulted in or risk significant harm to beneficiaries and other people who come into contact with the charity through its work.
- Financial crimes – fraud, theft, cyber-crime and money laundering.
- Large donations from an unknown or unverifiable source, or suspicious financial activity using the charity’s funds.
- Other significant financial loss.
- Links to terrorism or extremism, including ‘proscribed’ (or banned) organisations, individuals subject to an asset freeze or kidnapping of staff.
- Other significant incidents, such as – insolvency, forced withdrawal of banking services without an alternative, significant data breaches / losses or incidents involving partners that materially affect the charity.
Policy
It is Mattering Press’ policy to report all ‘serious incidents’ to the commission within 48 hours of the Trustees; decision to report a serious incident, providing an appropriate level of information and to respond to any resulting requests for information within five working days.
What we will report
The nature of the charity’s assets and activities mean that it deals with incidents on an infrequent basis as part of its operations.
The incidents that we will report and the incidents that it is not necessary to report are detailed in
this Charity Commission guidance. It indicates the type of incidents categorised as ‘serious’ and reportable and will act as a guide as to what should and should not be reported.
Who is responsible for reporting?
The responsibility for reporting serious incidents rests with the charity’s trustees. All trustees bear ultimate responsibility for ensuring their charity makes a report and does so in a timely manner.
All incidents, whether deemed ‘serious’ or not should be reported to Mattering Press’ Trustees immediately, either in writing or if verbally reported, confirmed in writing immediately after notification.
The board of trustees will be discuss within 48 hours as to whether the incident constitutes a serious incident and requires reporting to the Charity Commission.
The report will then be made to the commission within 48 hours of the decision to report a serious incident.
All discussions and decisions taken will be formally recorded and then minuted at the next available board meeting along with any outcomes and further action taken.
Actions we will take in response to a serious incident
If there is a serious incident the trustees will:
- As soon as reasonably practicable prevent or minimise any further harm, loss or damage.
- Report it to the commission as a serious incident.
- Report it to the police (and / or other relevant agencies) if we suspect a crime has been committed, and to any other regulators the charity is accountable to and other relevant agencies
- Put in place a communication plan for staff, volunteers, the public, the media and other stakeholders, such as founders.
- Review what happened and prevent it from happening again – this may include reviewing internal controls and procedures, internal or external investigation and / or seeking appropriate help from professional advisers.
How we will report
The trustee board will report to the Charity Commission using its online reporting form.
If the information provided is particularly sensitive or confidential or if a particular exemption applies, we will inform the commission and explain our reasoning.
Approved by the Mattering Press Trustees, 5th February 2025