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Commission to update guidance following Butler-Sloss judgement
[THE CHARITY COMMISSION is to update its guidance to trustees regarding investment decisions in light of the recent High Court judgment in Butler-Sloss and others v Charity Commission regarding ethical investments.
In a statement the Charity Commission said: “We consider that the judgment offers welcome clarification of how existing legal principles should be interpreted by trustees in a modern context, but that it does not fundamentally alter those principles. We therefore confirm that charities can continue to rely on the legal position in our published guidance Charities and investment matters: a guide for trustees (CC14) when making investment decisions.
“The new judgment confirms that trustees have wide discretion where appropriate to exclude certain investments based on non-financial considerations when making financial investment decisions. These principles are described as ethical investment in our CC14 guidance, and have also been described as responsible investment.”
The judgment also confirms that there is no obligation on trustees to do so, the commission pointed out. They can, where appropriate, make financial investments designed only to secure the best financial return.
Indeed, the judgement by Mr Justice Green said: “Charity trustees’ primary and overarching duty is to further the purposes of the trust. The power to invest must therefore be exercised to further the charitable purposes. That is normally achieved by maximising the financial returns on the investments that are made.”
In its own guidance to accountants, the ICAEW says: “Following the judgement, charity trustees can now place greater reliance on the legal principles which underpin the judgement when they make investment decisions. This allows charities to consider both the positive and the negative impacts of their investment decisions and will perhaps encourage more trustees to consider the deployment of their financial assets from a more holistic perspective.
“Increasing public awareness of climate action also means that more charity trustees need to consider the reputational impact of their investment decisions if these conflict with the charity’s aims.”
The Charity Commission recognised as long ago as 2020 that ‘practice around investment has evolved, especially in the context of climate change and wider ESG (environmental, social and governance) considerations’.
“In light of this,” the commission said, “we started work on updating our guidance, including conducting a formal consultation. Further work was paused in 2021 because of the commencement of the Butler-Sloss proceedings, which concluded in April this year.”
A wider redesign of CC14 is currently underway. The commission said: “The redesigned guidance will also incorporate an updated explanation of social investment, which is distinct from financial investment and is currently covered in separate guidance. Furthermore, we will ensure the redesigned guidance is accessible, with straightforward structuring and examples where helpful, and using terminology that is best able to convey trustees’ duties clearly in the current context.
“As we consulted on draft guidance prior to the legal case, we will not undertake a further formal public consultation, however a draft of the new guidance will be shared and tested with users and sector experts so feedback can be incorporated before it is finalised. We expect our final guidance to be published by summer 2023.”
The commission’s statement also contains a detailed explanation of the Mr Justice Green’s judgement. It can be found at www.gov.uk/government/news/update-oninvestment-guidance-following-butlersloss-case. q
Saving lives one sniff at a time
[HYPO HOUNDS provide a viable health care alternative for children and their families by training a Diabetic Alert Dog to detect the subtle changes in the child’s blood sugar levels.
The dogs are trained to alert parents when the child’s sugar levels drop dangerously low or rise too high. This not only impacts on the child but also on the family’s ability to function as a unit, with the registered carer becoming the dog.
Hypo Hounds work is becoming nationally recognised and is literally saving the lives of children – one sniff at a time. q
Heartburn isn’t always harmless: it can be a sign of cancer
[THE CHARITY Heartburn Cancer UK was set up by Mimi McCord “The CytospongeTM test is 50% less costly than the current hospitalin 2003, following the tragic death of her husband Michael from based alternative, the endoscopy, and has been shown to identify 10 oesophageal cancer. Michael died in 2002 at just 47 years old. He had times as many cases of concern as current primary routine care. It been experiencing heartburn for a number of years and antacids had is our aim to help introduce a wider screening service, in a variety of been a regular item in the family shopping basket each week. It was geographical areas, bringing access to this potentially life-saving test to only when he was struggling to swallow his toast one Saturday morning as many people as we can and raising awareness as we go.” that Mimi suggested he speak with their doctor. He was referred to a gastroenterologist, sent for an endoscopy and diagnosed with cancer. Your support Michael died at home just nine weeks later. Donations from supporters are more important than ever to help
His devastating and untimely death, like many others, may have been continue their vital work and there are lots of ways people can make prevented if he had known about the dangers of persistent heartburn and its a difference. link to oesophageal cancer. Said Mimi: “Help us celebrate our 20 years as a charity in 2023 and
Heartburn Cancer UK are celebrating 20 years as a charity in 2023, with participate in a challenge – maybe something that’s been on your Mimi just as passionate about raising awareness and helping to save lives bucket list for a while – and you can help raise funds for us at the today as she was 20 years ago. same time. Consider a donation, setting up a regular payment to us
Around 8,000 people die in the UK or a legacy gift. You could even do every year from oesophageal cancer something as simple as select us – that’s 22 deaths every day. It is the seventh biggest cancer killer, with an appalling prognosis of only 15% of patients surviving for five years. It’s also the fourth most common cause of cancer death in males. Currently, 70% of cases are After 20 years of seeing no change in earlier diagnosis, the “ as your charity on Amazon or EasyFundraising and every time you shop you could help support us by just buying something and not spending a penny more.” No matter how large or small, said Mimi, every penny can help make a discovered too late for curative treatment with the most common early symptom CytospongeTM could difference. She added: “After 20 years of being persistent heartburn: Heartburn seeing no change in earlier diagnosis, Cancer UK hopes to be able to change that with the help of its supporters. really make the CytospongeTM could really make a difference and we want to continue a difference… Mimi McCord, Chairman of Heartburn Cancer UK ” to support its journey into everyday care in any way we can. Along with vital awareness about not ignoring persistent heartburn problems that trouble you regularly, we are determined to continue making a difference and help save lives. “If you have persistent heartburn, getting checked by your doctor Awareness and support The seemingly harmless symptom is often treated with over-the-counter remedies because people are unaware of the risks. The charity’s mission is to raise public awareness of the dangers of ignoring persistent heartburn and to urge people to seek advice from their GP. If your heartburn is persistent and happens most days for three weeks will help give you peace of mind or put you on the path to a far better or more, Heartburn Cancer UK says, you should get it checked. prognosis if there is a problem.” q
They also provide information and support to patients and their families living with reflux, Barrett’s oesophagus (a pre-cancerous condition) and • For more information about the charity, or how to donate, visit the oesophageal cancer, and support research to help increase early diagnosis, website at www.heartburncanceruk.org improve patient outcomes and ultimately help save lives.
Early diagnosis
Mimi told us: “The key to challenging these appalling stats is early diagnosis. Excitingly, we are currently partnered in a pilot project which introduces an innovative screening test, the CytospongeTM, into primary care: initially in East Anglia, Essex and Suffolk where the project will screen 1,500 at-risk patients with the use of a mobile diagnostic unit supplied by Heartburn Cancer UK.
Practical support helps to alleviate the impact of sight loss
[THERE ARE TWO MILLION people in the UK living with sight loss and by 2050 the figure is set to double. Being diagnosed with any form of sight loss is lifechanging and devastating for both the individuals concerned and their families.
The Partially Sighted Society is a national charity that understands this; it has been providing help and support to anybody living with sight loss for over 50 years.
The society’s range of services includes the design, printing and provision of bespoke school exercise books for children, a specialist low-vision and sight test service, and the provision of aids and equipment to assist those living with sight loss to continue to live full and independent lives.
They are there to offer support for both the practical and the emotional impact of sight loss, by phone and in person. They also offer a range of social and support activities to alleviate the social isolation that comes with sight loss.
Leaving a gift in a will is a meaningful way of helping The Partially Sighted Society to help others. Legacies leave a lasting impact on transforming the lives of those living with sight loss. q
A small charity with a huge heart
[KIDNEY KIDS SCOTLAND, a very small charity with a huge heart, has for the last 23 years supported Scottish children with renal and urology conditions. The main aim of the charity has always been to enable these children to receive treatment as close to home as possible and minimise disruption to the family unit.
In addition the charity helps hospitals all over Scotland, supplying them with much needed equipment and funding posts recognised as being essential. Chronic Kidney disease is a condition that has no cure and that children and their families must learn to live with.
IMAGINE your child only being able to drink 400mls in one day. That’s less than two cartons of juice – a can of juice is 500mls.
IMAGINE being a parent where you must be home before 8pm every single night to ensure your child gets their daily home dialysis.
IMAGINE not being able to take your family abroad or too far away from the hospital because your child cannot go without their dialysis. This HAS to happen in hospital 3 or 4 times EVERY week.
IMAGINE your child missing out on school education, social activities, family members’ birthday celebrations, a sibling’s sports day or a family wedding because you need to make sure they receive their life saving dialysis treatment.
IMAGINE your child spending their birthday and/or Christmas Day in hospital and not being able to see their friends from week to week. q
