Response to open letter on charity governance and Equality Act 2010
Published 21 January 2026
Applies to England and Wales
© Crown copyright 2026
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Dear Penny
Thank you for your letter about issues arising following the UK Supreme Court judgment and the recent announcements from Girlguiding and the WI. I was grateful for the thoughtful and considered approach and points raised. We know this issue is causing uncertainty in parts of the sector and I am grateful for the constructive suggestions you have offered.
You will appreciate that the Commission cannot pre-empt publication of the statutory Code of Practice from the Equality and Human Rights Commission (EHRC), the regulator responsible for guidance and enforcement of the areas of law covered under the Equality Act 2010. As soon as it is finalised, though, we will move to update our own focussed guidance relating to specific matters for charities under the Equality Act. We have carried out preparatory work where possible and will seek to publish our updated guidance as swiftly as possible. However, it will still take a period to finalise given the complexity and importance of the matters covered.
In terms of our regulatory approach whilst the Code of Practice is being finalised, this has been to accept that it can be a reasonable decision for trustees to await the final statutory guidance, or alternatively to seek legal advice relevant to their charity’s position and make changes as they consider necessary.
This is rightly a decision for the trustees, considering all the circumstances. Trustees’ decision making in this regard should be informed by our guidance, specifically Decision-making for charity trustees (CC27), which sets out seven decision-making principles developed by the courts.
Any consideration on whether a charity’s objects might be amended in response to the judgment would additionally need to have regard to our guidance on how to make changes to a charity’s governing document (CC36). You will also be aware that under the Charities Act 2022, in effect from 7 March 2024, in assessing any application the Commission will consider as far as is possible and desirable whether the new purposes are similar to the original purposes – the “similarity test” – which could add complexity to such an exercise, depending upon each charity’s particular circumstances.
We have engaged with several charities concerning their own circumstances, and we are now using insights gained from those discussions alongside wider feedback, concerns and complaints received by us as part of our policy and guidance activity and preparation. All your suggestions of possible next steps are noted, with thanks, and we will consider them as part of that work.
For all the reasons you and others have noted, including to give guidance to charities and other regulators, it is vital that the EHRC’s Code of Practice is published as soon as reasonably practicable. I have now written to Ministers to that effect setting out some of the serious impacts on the sector and the need for urgent improved clarity and guidance.