Decision

Kick It Out: regulatory compliance case conclusions

Published 31 October 2019

This decision was withdrawn on

This report has been archived as it is over 2 years old.

The Charity Commission has found a series of governance failures related to poor communication among the senior management and trustees of Kick It Out (KIO). This contributed to the slow sharing of information among the trustees of a serious incident involving a member of staff. The Commission found that this did not contribute to the occurrence of the serious incident or how the victim was substantively supported in its aftermath.

KIO is the equality and inclusion organisation for English football. KIO work in the football, educational and community sectors to challenge discrimination, encourage inclusive practices and campaign for positive change.

In September 2018, people associated with the charity contacted the Commission to express concern about safeguarding, bullying and harassment at the organisation, as well as concerns about the charity’s leadership, management and culture.

The following month, KIO told the Commission about a serious incident connected with the charity concerning a report of an alleged sexual assault that happened in 2017. The Commission opened a case to assess the issues.

The Commission interviewed a number of people who had raised concerns. This information helped set the terms of reference for an independent review of the charity, commissioned by the trustees at the earliest opportunity and led by a QC.

The Commission was regularly updated throughout the review process, which was thorough. A full copy of the report, which included recommendations, was provided to the Commission in August 2019.

The report identified a number of failings. There was evidence of poor communication and a lack of training in key areas such as governance and staff welfare. Many staff felt they were not managed well by the senior management team, with some feeling overworked and inadequately supported.

The report made a series of recommendations including:

  • specialist training for senior management and trustees in relation to governance, including trustees’ welfare responsibilities
  • improved communication and involvement of staff members in the on-going development of KIO’s strategy
  • scaling back staff workloads to reduce burnout
  • the introduction of a more effective support system for staff to give individuals a means to raise concerns

The charity now has a new chair and three other new trustees in post. The charity has already begun to implement the recommendations made. The Commission expects all of the recommended changes to be implemented within six months from the date of the charity’s first meeting as a new board that is being held early November.

Tracy Howarth, Head of Regulatory Compliance, said:

We recognise the role this charity has in tackling racism and all forms of discrimination in football. Just as in football, everyone involved in charities has the right to feel safe.

The trustees of Kick It Out should have made protecting those who came into contact with their charity from harm a governance priority. The charity did not fully deliver on this expectation, largely due to failures in communication within the charity.

The trustees are being held to account and they continue to make the significant changes at their charity that we know are already underway. We are sure the charity will learn from this experience. It is because of the importance of Kick It Out’s work, particularly in the current climate, that the trustees understand that it matters just as much how the charity delivers on its purpose, as what it delivers, so that it can continue to be successful and thrive in the future.

The Commission provided formal regulatory advice and guidance, under section 15(2) of the Charities Act 2011, to the charity’s trustees to ensure the recommendations contained in the report are implemented.

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