Commission Identifies Safeguarding Failings in Manchester Charity

A recent Charity Commission inquiry has highlighted the importance of having adequate measures in place to assess and address safeguarding risks, particularly for charities that carry out activities with children or vulnerable adults.

The Commission recently concluded an inquiry into the Manchester New Moston Congregation of Jehovah’s Witnesses’ handling of a number of allegations of child sexual abuse against Jonathan Rose, an elder and trustee of the Congregation. The progress of the inquiry had been delayed by the charity’s application to the First-tier Tribunal (Charity) for a review of the Commission’s decision to open the inquiry and, once that Tribunal had upheld the Commision’s decision, by an appeal to the Upper Tribunal which was dismissed in April 2017.

In particular the Charity Commission criticised the way in which the Congregation:

1. Dealt with an allegation of sexual abuse against Rose in 1993 when he was 19 years old. The allegation was made by a 15-year-old girl and was dismissed by the Congregation as “a matter between two teenagers”.
2. Failed to take this historic allegation into account when further allegations were made against Rose in 2012;
3. Failed to suspend Rose from activities when allegations were made against him;
4. Did not consider that trustees conducting the investigation who were close personal friends of Rose may have conflicts of loyalties; and
5. Did not keep proper records of its investigation and decisions.

Jonathan Rose was jailed for 9 months for historical sexual offences in autumn 2013. A decision was taken to expel Rose from the Congregation, which he appealed against. The appeal committee decided to hold meetings between Rose and his three victims, during which he was permitted to personally question them about the abuse. This decision coupled with the other criticisms detailed above led the Charity Commission to conclude that the Congregation were guilty of “serious misconduct or mismanagement”.

In their report the Charity Commission emphasised that trustees should have made the victims’ welfare their first priority. Instead, their actions and omissions, in response to allegations of abuse, fell short of what the public would expect of those running a charity in a modern society.

The Commission was also critical of how the charity engaged with the Commission in the course of the inquiry, identifying a “lack of candour” on the charity’s part.

The Charity Commission highlighted that charities which carry out activities with children or vulnerable adults, whether regular or otherwise, need to ensure that they have adequate measures in place to assess and address the risks posed. Even where such work does not form part of the core business of the charity, trustees must be alert to their responsibilities to protect from harm vulnerable groups with which the charity comes into contact. Further guidance on the Charity Commission’s expectations of charities and trustees on safeguarding is available: https://www.gov.uk/government/publications/safeguarding-children-and-young-people/safeguarding-children-and-young-people#guidance-and-legislation

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