Trustee disqualification order overturned by the First-tier Tribunal

A recent decision in the First-tier Tribunal (Charity) has overturned a Charity Commission trustee disqualification order, on the basis of freedom of expression. It is believed to be the first time that a disqualification order has been overturned, although there have been other cases where the Tribunal has varied a disqualification order from the Commission (Mond v The Charity Commission for England & Wales). 

The Commission disqualified the trustee for two and a half years based upon his past conduct, as he had commented on and liked some anti-Islamic social media posts. Mr Mond denied that he was Islamophobic and apologised. He stepped down from all charity trustee roles. The Commission concluded that his behaviour was damaging or likely to be damaging to public trust and confidence in charities. The Commission had to show that this demonstrated an unfitness to be a charity trustee, and that the disqualification was desirable in the public interest.  

The Tribunal considered the nature of the social media posts, the conduct of Mr Mond and his rights to freedom of expression under Article 10 of the European Convention of Human Rights. It found that the trustee’s social media activity was capable of damaging public trust and confidence in charities (if the reader was aware that Mr Mond was a charity trustee) but, while his conduct on social media was neither “condoned nor excused” it was not enough to prove he was unfit for the role – with great weight being given to the limited and spontaneous nature of his conduct. Mr Mond had apologised and the Tribunal concluded that it was not desirable in the public interest for him to be disqualified and quashed the Charity Commission’s disqualification order.

The decision goes on to note that “If such conduct is found to be a basis for a disqualification order, and is applied more generally in the charity sector, it risks setting too high a bar for charity trustees and adversely affecting public trust and confidence in the charity sector by putting off individuals who may be effective trustees in pursuing some part of the full range of charitable objectives permitted by charity law.”

It is an important reminder to ensure that your charity has a robust social media policy in place and to ensure that training is given to make sure everyone understands the requirements of the Charity Commission and the expectations that the charity has in this area, in relation to posts made in an official capacity on behalf of the charity and on private accounts. It is also important to note that this case does not suggest that Mr Mond should not have resigned as a trustee in the circumstances, which was deemed the responsible course of action.