# Scottish regulator releases guidance on problem of dominant behaviour in charities

- Link: https://fundraising.co.uk/2024/08/05/scottish-regulator-releases-guidance-on-problem-of-dominant-behaviour-in-charities/
- Published: 2024-08-05T08:30:00+01:00
- Author: Melanie May

**OSCR, the Scottish Regulator has said that it is ‘_increasingly concerned about
dominant behaviour in charities_’, and is receiving more reports from people both
within and outside of charities about this.**

Dominant behaviour, it explains, happens when: ‘_one person (or a small group of
people) makes all the decisions in a charity and prevents the charity’s trustees,
as a whole, from acting collectively and doing their job properly or force the charity
trustees to legitimise their decisions at a later date_.’ This can be a board member,
or a member of staff. The regulator adds that it can and does result in beneficiaries,
staff and funders losing confidence in a charity.

It also says that ‘_Sometimes the issues are serious enough for us to take action
under our Inquiry Policy, but even where they aren’t, they may indicate issues that
trustees should address_.’

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OSCR has released [a report](https://www.oscr.org.uk/about-charities/raise-a-concern/inquiry-reports/learning-from-oscrs-inquiries-dominant-behaviour-in-charities/)
to help charity trustees and those who advise them recognise these types of behaviour,
and prevent or tackle them.

It says that the reasons for dominant behaviour are varied. For example, it can 
occur when someone sets up a charity to help others who have experienced a problem
that they have also experienced, and then believe they know best, and when ‘_a forthright
and confident person is surrounded by others who lack confidence, experience and
a willingness to speak up or challenge their behaviour_’.

OSCR says dominant behaviour can result in the charity trustees not meeting their
legal duty to act in the interests of the charity, and that action needs to be taken
as the issue as it is unlikely to resolve itself.

Not addressing the issue can also result in longer term problems such as difficulties
in recruiting and retaining trustees and staff, and with the charity’s reputation,
it warns.

#### Addressing the issue

In its report, it provides advice on how to avoid dominance from happening, such
as having a clear scheme of delegation and reporting back at every trustee meeting,
and seeking regular reports on performance and finance within the charity to ensure
they understand what’s happening.

OSCR also provides steps for how to tackle dominant behaviour, starting with challenging
it and discussing it with the person responsible, and how to work together as trustees
to deal with it.

The report, [Learning from OSCR’s Inquiries: Dominant behaviour in charities](https://www.oscr.org.uk/about-charities/raise-a-concern/inquiry-reports/learning-from-oscrs-inquiries-dominant-behaviour-in-charities/),
is the second report in a series on common themes and lessons that charities can
learn from to improve their governance and avoid issues. The first, [Learning from OSCR’s Inquiries: Financial Management](https://www.oscr.org.uk/about-charities/raise-a-concern/inquiry-reports/learning-from-oscrs-inquiries-financial-management/),
details ten key lessons to support good financial governance.

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