Governance Codes and Charity Law in England and Wales

Abstract

A thesis to consider whether the development of voluntary governance codes of practice for the registered charity sector in England and Wales has had any material effect on charity law. The thesis reviews the development of the codes since their first publication in 2005, and how they relate to the legal duties of charity trustees, primary legislation that applies to charity governance, the regulators of the registered charity sector, and relevant case law. It also looks forward to potential changes in the law and the codes in the near future. Good governance has been codified in the corporate sector but remains voluntary for charities. With public trust in charities remaining steady at a historic 2016 low point, the codes of practice could be a mechanism to measure and evidence good governance, and to provide charity trustees with certainty that they have fulfilled their duties. The thesis considers what amounts to governance, and how governance relates to the charity trustees’ legal duties and obligations. It reviews the evidence that the codes have been used by legislators, regulators and the judiciary. The thesis concludes that voluntary codes of practice have made little difference to date and suggests that the codes are not seen as a necessary tool for good charity governance.