The Charity Commission failed to properly handle safeguarding concerns relating to historic child sexual abuse at a charity, the Parliamentary Ombudsman has found.
Damian Murray, 66, complained that the Commission and the Department for Education (DfE) failed to properly respond to his serious allegations regarding the possible concealment of child sexual abuse by a charity that founded and ran a college.
It is not the role of the Commission to investigate such incidents itself, but our investigation found the Commission failed to understand or consider all the issues in Damian’s complaint. It did not show that it had looked at all the relevant evidence relating to his complaint, and it did not assess the charity’s failings in accordance with its risk and safeguarding guidance.
The Ombudsman recommended that the Commission apologises to Damian and provides a financial remedy. The Commission must also take action to stop the same failures being repeated, including reviewing its handling of the case, its risk assessment and communication guidance.
The Commission does not accept our findings, but it has said it will comply with our recommendations. We are in discussion with the Commission about its compliance.
Our investigation also found failings with DfE’s decision-making process. DfE complied with our recommendations for service improvements, and we are satisfied with the actions it took to put things right.
Damian, from Leeds, who previously waived his right to anonymity, said:
“The Ombudsman has correctly identified the serious injustice and maladministration to which I was subjected by DfE and the Charity Commission when raising my concerns.
“I am very grateful to the Parliamentary Ombudsman for the seriousness, thoroughness, and empathy with which it has dealt with my complaint.
“The continuing refusal by the Commission to do its job properly, to respond constructively to the Ombudsman’s findings, or even to acknowledge the serious, well-evidenced concerns that I put to it, is simply unacceptable.”
Parliamentary and Health Service Ombudsman Rebecca Hilsenrath said:
“A well-handled complaint has the power to ascertain the facts, bring closure and create lasting positive change. In this case, the Charity Commission failed to properly handle Damian’s complaint about serious safeguarding concerns.
“It is important that the Commission acknowledges its mistakes and puts things right. The Commission has provided financial redress, but discussions remain ongoing about other aspects of compliance.
“Learning and service improvements are at the heart of our investigations and are what most of our complainants seek. The Commission must accept accountability and take decisive action on the basis of our recommendations so that others do not undergo the same experiences in the future.”
Read the full investigation summary.
The Ombudsman investigated another case last year where the Charity Commission failed to properly handle serious safeguarding concerns relating to sexual exploitation at a charity.