New guidance for charity trustees on taking or defending legal action has been issued by the Charity Commission (England and Wales). This includes a 16-point checklist with key actions for trustees to take before considering legal action – see Civil Society News coverage.
An article from NCVO’s policy team asks ‘Are trustees to be discouraged from doing anything?’ observing:
It is not clear why brand new guidance was necessary, since as far as I am aware the previous version hadn’t caused any problems. Furthermore, the legal principles underpinning charities and litigation remain unchanged.
As with other recent guidance updates, a much more restrictive tone has been struck, rather than a more balanced one.