The case of Mond v Charity Commission for England and Wales set the first example of a trustee successfully overturning a disqualification order from the Charity Commission under the relevant power in the Charities Act 2011.
It provides useful guidance on the factors the First Tier Tribunal will consider in these circumstances and also serves as an important reminder for charity trustees of the standards of behaviour that they are expected to meet, particularly when using social media.
Case summary
Mr Mond was disqualified as a charity trustee in April 2024 under 181A(7) of the Charities Act 2011, which states that the Charity Commission may disqualify a person from being a charity trustee if past or continuing conduct by the person, whether or not in relation to the charity, is damaging or likely to be damaging to public trust and confidence in charities generally or in the charities or classes of charity specified or described in the order.
He appealed to the First Tier Tribunal, seeking to overturn the disqualification order.
Mr Mond had been a member of the Board of Deputies of British Jews and a trustee of five charities at various points between May 2011 and February 2023. Between 2014 and 2017, Mr Mond made two comments on social media which were the subject of complaints on the basis that they were Islamophobic. Mr Mond also 'liked' two social media posts made by an individual who had been banned from the UK for holding Islamophobic views. The Tribunal considered that the posts 'were likely to cause legitimate concern in the minds of objective readers regarding Mr Mond's hostility to Islam.'
However, the Tribunal noted that Mr Mond had apologised for any offence his actions had caused and resigned from his posts as trustee, as well as that several years had passed since the social media activity, which had been very limited in number and scope. The Tribunal also considered that 'likes' carried little significance for the majority of readers on Facebook and did not show any obvious connection with any charity or charities generally.
It was held that Mr Mond's conduct was not sufficient in itself to establish that Mr Mond was unfit to be a charity trustee, nor was it desirable in the public interest for a disqualification order to be made.
The tribunal stressed that 'it is in the interests of the charity sector as a whole to be able to recruit and retain diverse trustees with different strengths, skills, views and personalities. Setting a high bar in terms of conduct helps with trust and confidence but could deter charity trustees with 'a wide range of personalities and capabilities'.
Implications for charities
This case is the first example of a trustee overturning a disqualification order issued by the Commission under section 181A(7).
It nonetheless serves as a reminder of the potential reputational impact on a charity of trustees' social media activity even where it is unconnected to the charity. The Tribunal's comments also provide helpful guidance on what kinds of social media activity are likely to be considered significant.
Charities may wish to consider their policies on social media and how this is communicated to trustees, to ensure that the charity's reputation is protected, as well as wider compliance with charity law. The Charity Commission's new guidance in this area is helpful for all trustees and boards to consider.
This piece was co-authored by Ethan Lees, a trainee solicitor at the time of writing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
