Why governance matters

Charity governance is no longer routine paperwork — it's a legal duty the Charity Commission now actively checks. Here's what's expected of every church and charity, and what's at stake when it's missing.

Most UK churches are charities in law, and the people who lead them are charity trustees. The same duties, the same regulator and the same consequences apply — whatever your tradition, and whatever you call your leaders.

You're a charity trustee — whatever you're called

The law doesn’t care about job titles. It asks one functional question: who has the control and management of the charity? Whoever that is carries the legal responsibility of a trustee — including personal liability.

PCC memberElderDeaconStewardManagement committeeDirectorTrustee board member
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All are charity trustees in law

Being called a “pastor” rather than a “trustee” provides no protection. Ignorance of the law is not a defence.

Six legal duties every trustee carries

The Charity Commission’s core guidance — CC3, The Essential Trustee — sets out six non-negotiable duties under the Charities Act 2011. They are the “why” behind every specific policy.

1

Further your charitable purposes

Every activity must serve the public benefit set out in your governing document — not just your own congregation.

2

Comply with your governing document & the law

Follow your constitution and all applicable law — charity, employment, data protection, health & safety.

3

Act in the charity's best interests

Put the charity first. Personal views, friendships and outside loyalties must never drive decisions.

4

Manage resources responsibly

Protect and use the charity's assets properly — money, property, staff and volunteers — and keep proper controls.

5

Act with reasonable care & skill

Apply sound judgement and take professional advice when needed. You don't need to know everything — but you must know when to ask.

6

Ensure your charity is accountable

File annual returns and accounts, keep records, report serious incidents, and be transparent with the Commission and public.

What's at stake when governance fails

The Commission has significant powers — and uses them against charities and churches of every size and denomination. The stakes are personal, public and serious.

Personal liability

Trustees can be held personally responsible for losses caused by mismanagement or breach of duty.

Disqualification up to 15 years

The Commission can bar trustees from serving on any charity board.

Statutory inquiry

A formal, public investigation that damages reputation and disrupts ministry.

Binding directions & orders

The Commission can freeze bank accounts and override trustee decisions.

Criminal prosecution

Serious cases — fraud or theft — are referred to the police.

Removal from the register

The charity is wound up and loses its charitable status entirely.

The policy framework you're expected to hold

Charity Commission guidance, the Charity SORP and sector regulators collectively require or strongly recommend policies across eight areas. Together they form the governance framework a well-run charity is measured against.

01

Governance & trustee

Conflicts of interest, code of conduct, complaints, serious incidents

02

Safeguarding

Children, vulnerable adults, safer recruitment, digital safeguarding

03

Finance & fundraising

Financial controls, reserves, Gift Aid, expenses, investments

04

Data protection

UK GDPR, privacy notices, retention, breach response

05

Risk management

Risk register, cyber security, business continuity, insurance

06

HR & employment

Contracts, disciplinary, equal opportunities, volunteers

07

Health & safety

H&S policy, fire risk, event risk assessments, lone working

08

Communications & digital

Social media, images, Online Safety Act, AI content

Not all policies are equal: three tiers of priority

Essential

Legal requirement or Commission minimum. Every charity must have these.

  • •Governing document
  • •Safeguarding policy
  • •Financial management
  • •UK GDPR / data protection
  • •Fire risk assessment
  • •DBS / safer recruitment
Required

Strongly expected by the regulator. Gaps create regulatory risk.

  • •Conflicts of interest
  • •Serious incident reporting
  • •Complaints policy
  • •Reserves policy
  • •Health & safety policy
  • •Risk register
Best practice

The mark of responsible governance — increasingly expected sector-wide.

  • •Trustee code of conduct
  • •Investment policy
  • •Cyber security policy
  • •Volunteer policy
  • •Whistleblowing policy
  • •AI & content policy

Governance is now declared on the public record

The Annual Return (Section 7: Governance)asks charities to declare which of 13 policies and procedures they have in place. A “no” is published on the register for anyone to see — turning a private gap into a public one.

13 policies you may be asked to declare

  • 1Internal financial controls
  • 2Safeguarding
  • 3Financial reserves
  • 4Complaints
  • 5Serious incident reporting
  • 6Internal risk management
  • 7Trustee expenses
  • 8Trustee conflicts of interest
  • 9Investing charity funds
  • 10Campaigns and political activity
  • 11Bullying and harassment
  • 12Social media
  • 13Engaging external speakers at charity events

Delegate authority — never responsibility

Trustees can hand day-to-day work to staff and committees. What they cannot do is hand over the legal responsibility for it. The buck always stops with the board.

✓ Trustees can delegate

  • •Day-to-day operational management
  • •Financial transactions below a set threshold
  • •HR decisions within a defined authority level
  • •Programme delivery and service management
  • •Implementation of board-approved strategy

✕ Trustees can never delegate

  • •Setting overall strategy and purposes
  • •Ensuring proper financial controls and reporting
  • •Appointing and overseeing senior leadership
  • •Managing significant conflicts of interest
  • •Reporting serious incidents to the Commission
  • •Ensuring legal and regulatory compliance
A written scheme of delegation — board-approved and reviewed annually — is the single most important document for keeping this boundary clear. Paid staff may serve as trustees only where the governing document allows it, and the majority of trustees must remain unpaid and independent.

A few hard expectations to remember

On time

Annual return & accounts filed every year

72 hrs

To report a data breach to the ICO

Annual

Fire risk assessment reviewed every year

Majority

Of trustees must be unpaid and independent

Know exactly where your church stands

Ministry Memos turns these expectations into a clear register — see what’s in place, what’s missing and what to do next.

Sources: Charity Commission CC3 (The Essential Trustee), CC26 (Charities and Risk Management), CC29 (Conflicts of Interest), the Charity Annual Return 2025 and 2026 question guide and the Charity Governance Code 2025. This page is general information about regulatory expectations, not legal advice; verify specifics against current Charity Commission guidance for your charity.