Decision-making is an important and significant part of being a charity trustee within your Local Church, Circuit or District. What you may not know however, is that the Charity Commission sees asking questions as a fundamental aspect of the decision-making process.

The Charity Commission for England and Wales previously refreshed its guidance on decision-making and we thought it was worthy of bringing to Managing Trustees attention. The refresh followed Charity Commission research which indicated that trustees are more likely to listen to fellow trustees than use their guidance.

This finding is noteworthy as, although the research found most trustees are aware of what the principles of being a charity trustee are, those trustees who utilised Commission resources were actually found to have a more informed and accurate understanding of what was considered good decision-making procedure in relation to these principles, as opposed to those who simply listened to fellow trustees.

Surprisingly, almost 60% of respondents considered that trustees should never ask awkward questions despite the Charity Commission's guidance being clear that constructive debate and thoughtful challenges are signs of healthy governance. Furthermore, seeking professional advice and asking for clarification are seen as assisting in your ability to make decisions in the best interests of the charity.

The seven principles of decision-making can be found here and are explained in full by the Charity Commission. Please take some time to review the guidance and consider these principles as they relate to your role in making decisions regarding Methodist property. For example, seeking professional advice or using TMCP's assistance can be seen as evidence of acting in good faith and ensuring you are sufficient informed, and holding consultations can be seen as engaging with stakeholders and seeking to understand how the decision you make impact the community.

There is also further information on recording decision, collective decision-making and using your charity's governing document. More specific guidance on trustee management of faith charities can be found here.

You can also review the guidance available to you on the Methodist Church website including the Five Golden Rules of being a Trustee and Managing Conflicts of Interest.

If you have any queries in relation to charity law governance, please contact lcp@methodist.org.uk for further assistance.

Disclaimer

Please note that this document is to provide guidance and assistance to Managing Trustees and their professional advisers. This guidance note is general in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of any particular matter. Also note that nothing within the documents and guidance notes provided by TMCP nor any receipt or use of such information, should be construed or relied on as advertising or soliciting to provide any legal services. Nor does it create any solicitor-client relationship or provide any legal representation, advice or opinion whatsoever on behalf of TMCP or its employees. Accordingly, neither TMCP nor its employees accept any responsibility for use of this document or action taken as a result of information provided in it. Please remember that Managing Trustees need to take advice that is specific to the situation at hand. This document is not legal advice and is no substitute for such advice from Managing Trustees' own legal advisers.