Trustee disqualification found to be proportionate: Evans v Charity Commission for England and Wales - 2025

Trustee disqualification found to be proportionate: Evans v Charity Commission for England and Wales - 2025

In Evans v Charity Commission for England and Wales (2025)[1], the First-tier Tribunal upheld the Charity Commission's decision to disqualify two charity trustees from holding office or senior management roles within charities.

The case arose as a result of the Commission's inquiry into a charity in relation to its governance and financial arrangements involving businesses linked to the trustees.   In August 2024, the Commission issued disqualification orders under the Charities Act 2011.  The trustees both appealed the decision.

The Tribunal dismissed the appeals and upheld the Commission's disqualifications.  The Tribunal found that the trustees had administered the charity in a way that amounted to misconduct and mismanagement and that conflicts of interest were not properly managed, with there being poor separation between the charity and the trustees' private business interests.   The Tribunal considered the disqualification as being justified and proportionate.

This case highlights the Commission's powers to take strong action where governance failures occur and serves as a reminder to trustees to comply with charity law and to uphold high standards of transparency and accountability.

For further guidance, speak to Chris Priestley (chris.priestley@withersworldwide.com).