Note: This article was first published in the October 2025 edition of Charity Finance
On 6 August 2025, the Charity Commission concluded its compliance case into Sentebale, a charity supporting children and young people in Lesotho and Botswana. Following internal and public disputes between the then chair of trustees, some of the other trustees, and the charity's former patron, the Duke of Sussex, the Commission opened a regulatory compliance case.
The status of its former patron has meant that this story has caught the public's attention and attracted a significant amount of publicity. This article seeks to focus on the lessons other charities can learn from this case.
The findings
In the Sentebale case, the Commission found that:
- The delegation of certain powers to the chair were "confusing, convoluted and poorly governed" and other delegations were not clearly defined
- There was a lack of proper processes and policies to investigate internal complaints
- The lack of clear policies contributed to the failure to resolve disputes
- Public statements made to the media and criticisms made within television interviews did not, to the Commission's satisfaction, serve the charity's best interests
The Commission did not, however, find any evidence of:
- Widespread or systemic bullying or harassment, including misogyny or misogynoir at the charity
- ‘Over-reach’ by either the chair or the Duke of Sussex as patron
What can charities learn from this?
While the findings of any regulatory review are specific to the case in hand, there are some clear takeaways for charities more generally.
Clear delegations and roles
All charities should ensure they have in place clear and appropriate schemes of delegation to trustees with a specific role (such as the chair or treasurer), committees of trustees and employees. This generally improves efficiency and ensures accountability but also minimises misunderstanding and, therefore, the potential for dispute. Schemes of delegation should be clearly accessible and regularly reviewed to ensure they are appropriate and in the best interests of the charity.
The role of any person with a honorary role, who is not also a trustee, should also be clearly set out.
Expectations on conduct
Charities should have clear codes of conduct in place for trustees and, where appropriate, for individuals in honorary roles such as patrons. Ordinarily this will cover many aspects of the role and the duties that trustees take on, including those in respect of confidentiality and use of social media. It should make clear the charity's policies on media statements and in what circumstance it would be appropriate to provide commentary to the media. A code of conduct should also set out the circumstances where there is an alleged breach, who will investigate and what the outcome might be.
Equally, there should be in place appropriate procedures for staff and which, of course, must comply with relevant employment legislation.
Appropriate policies and procedures for managing disputes and complaints
As this case highlights, internal disputes can be debilitating for a charity and there should be a clear policy setting out how these will be managed. Ordinarily there will be an informal stage and routes for escalation when needed. In this case, the Commission was clear that it "recommends seeking mediation" if disputes do occur and that it is important that trustees act in good faith and are mindful to channel their beliefs in the charity's mission in a constructive and collaborative way.
Equally, it is important for there to be adequate complaints policies in place, including internal complaints, so that those with concerns can raise them appropriately and for them to be investigated properly and, where appropriate, lessons learned. This is essential in demonstrating accountability, ensuring continual improvement and building trust and confidence. Having appropriate whistleblowing polices in place is also essential.
All codes of conduct and policies and procedures should be regularly reviewed and updated to ensure they remain appropriate for the charity and compliant with any regulatory requirements and best practice.
The Sentebale case is a clear reminder to charities that good governance is essential to a charity’s success and integrity. The Commission found that the failure to clarify delegations within the charity to the chair, and the failure to have proper processes for internal complaints, both amounted to mismanagement in the administration of the charity.
With the right governance processes in place, charities can minimise the potential for misunderstanding and disputes, manage them appropriately where they occur, protect their reputations, and uphold public trust and confidence in the charity and the wider sector.
