The end of an inquiry

At the end of an inquiry we will assess the information we have obtained.

We will consider whether there has been misconduct in the administration of the charity or mismanagement by the charity trustees, the circumstances of this, any corrective action taken by the charity, and any intended actions of the charity’s trustees.

We will also look at any ongoing risk to the charity, its assets or its beneficiaries and the charity sector in general.

We will decide:

• whether we need to take any enforcement action (which might include applying to the Court of Session for it to use its powers in relation to the charity and/or the charity trustees), or
• whether it is more appropriate for us to provide support to the charity’s trustees in the form of recommendations for improvement which we may monitor, or
• whether all risks have been addressed and no further action is needed
• whether there are any learning points for the charitable sector as a whole.

When our inquiries are complete, we will write to the charity trustees to let them know our findings and any further action or monitoring we intend to undertake.

Where we have used our enforcement  powers, a charity, individual trustee or an organisation representing itself as a charity has the right to ask for a review of that decision and ultimately to appeal under charity law.

In some inquiry cases, where we use our enforcement powers, or where in our view it is in the public interest, we will publish an inquiry report on our website explaining what has happened, any action we have taken and any learning points for the rest of the charitable sector.  Our considerations about what is in the public interest will include:

• whether it is necessary to warn the public about the actions of a charity
• how useful any learning lessons may be for other charities
• where there is interest from the media or a significant number of people who have a connection to the charity
• the potential benefits from greater transparency about OSCR’s regulatory work

These considerations will also help us decide at what point in the inquiry it is most beneficial to publish a report.

The charity will receive a copy of our report.