THE CHARITY COMMISSION has confirmed that it has contacted Malvern Hills Trustees to discuss their duties as the legislation to revise the stewardship of the hills returns to the House of Lords.
West Worcestershire MP asked the Commission to intervene after newly elected trustees were barred from taking part in board discussions regarding the Malvern Hills Bill.
The Charity Commission has now contacted all 28 Trustees to discuss their obligations and duties as the people responsible for the proper management of the Malvern Hills Trust.
Dame Harriett met with the regulator late last year to seek guidance on the issue which has resulted in new trustees being unable to share their views on the Malvern Hills Bill in meetings.
Dame Harriett said: “I am grateful for the confirmation that the Charity Commission is keeping a close eye on this issue and has contacted all of the Trustees to hear their views and to offer guidance.
“It is clear that newly elected Trustees feel that they are being excluded and are unable to fulfill their duties representing the views of local people.
“I was also concerned that many of the people who formally expressed their opposition to the Bill were contacted by the Trust to suggest that their views may not be considered.
“As many local people have been in touch with me and I meet regularly with the Trust’s management, I am glad the Charity Commission has responded to my request to take a close interest in the role of the Trustees.
“The legislation is poised to undergo scrutiny in the House of Lords and I will be keeping a close eye on the process over the coming days and weeks.
“I have always said that the current legislation has enabled the proper management of our precious Malvern Hills for over a century, and it will require the finest legal minds to make sure that new legislation is fit for purpose for another hundred years.”
The Commission has advised trustees to continue to take legal and other advice to ensure that legal duties are complied with.
In addition, the Commission has asked all trustees to consider the reputation of the charity and whether any different or further steps could be taken to mitigate this risk.
John Michael, Chair said: “I’m pleased that our regulator backs our position and has confirmed this advice has been sent to trustees three times now.
“We have published the full advice on our website, and I hope that all trustees will consider carefully the regulator’s clear message that we act together and act only in the best interests of the charity.
“We will always welcome reasoned debate but all trustees must uphold these standards.
“Some people have suggested that the elected trustees are on the Board to represent levy payers. This is causing confusion as it is not correct.
“The Charity Commission has given very clear advice that elected trustees are not in post to represent the people who voted for them but must act in the best interests of our charity.
“It’s really important therefore that our elected trustees understand this. We are a charity, not a council, and we must all take collective responsibility for the decisions which have been made in the best interests of the Malvern Hills.”
