🧾 Legal Guidance for Charity Workers: What to Do When Your Organisation Has Lost Its Way
Working within a charity should mean serving the public good and upholding a clearly defined charitable mission. However, in some cases, organisations may drift from their founding purpose, fail to maintain compliance, or act in ways that no longer serve their legal charitable objectives. If you believe your charity has lost its way, the following legal steps and principles may help you take informed and lawful action.
📜 1. Understand the Charity’s Governing Document
Every registered charity must have a governing document—this could be a constitution, trust deed, or articles of association. This legal document sets out:
- The charity’s objects (its stated purposes)
- The rules for trusteeship and management
- Restrictions on the use of funds and assets
Action: Request a copy of the governing document. In most jurisdictions (e.g., the UK, US, Canada), you have a legal right to inspect this as a trustee, member, or employee (depending on role and structure).
⚖️ 2. Know Your Legal Rights as a Stakeholder
Your rights will vary depending on your role in the organisation:
- Trustees: Have a fiduciary and statutory duty to ensure the charity complies with its mission and legal obligations.
- Employees: May raise concerns under whistleblowing protections if the charity breaches legal standards or operates outside its remit.
- Members: Often have rights under corporate law to call meetings, vote on motions, and inspect accounts.
🔍 3. Request Information Lawfully
If you suspect misuse of funds or mission drift, you are entitled in many jurisdictions to request access to certain documents. These may include:
- Annual reports and audited accounts (public documents)
- Minutes of board meetings (if you are a trustee or member)
- Conflict of interest registers
- Charity Commission filings
How to Request: Submit a written, dated request citing the relevant law (e.g., Section 171-177 of the UK Charities Act 2011).
📢 4. Raise Concerns Internally—Then Externally if Needed
If internal governance fails to address the issues, escalate using appropriate mechanisms:
- Use the charity’s whistleblowing policy
- Raise the matter at an AGM or EGM (extraordinary general meeting)
- Contact the relevant regulatory body, such as the Charity Commission for England and Wales
Note: Whistleblowers are protected under various laws including the Public Interest Disclosure Act 1998 (UK)
💼 5. Legal Recourse: When to Involve an Attorney
If substantial funds are misused, or if board members breach fiduciary duties, legal action may be appropriate. An attorney can:
- Issue a formal demand for information
- File a complaint with the charity regulator or tax authority
- Seek a court injunction or order to freeze or redirect funds
In some jurisdictions, individual trustees may be personally liable for misconduct, especially in cases involving fraud or gross negligence.
🛡 Conclusion: Upholding the Mission, Legally and Ethically
Charity work is a noble pursuit—but it must be anchored in transparency, integrity, and lawful governance. If your organisation has strayed from its mission, you are not powerless. Equipped with the right legal knowledge and protected rights, you can help restore alignment, accountability, and public trust.
Need further guidance? Contact a charity law solicitor, regulatory body, or whistleblowing advocacy group for support.