The Charities
and Trustee Investment (Scotland) Act 2005 gives OSCR the power
to make inquiries into apparent or alleged misconduct in charities;
bodies that are connected to or controlled by charities; and bodies
that are not charities but are represented as charities.
What OSCR deals with
OSCR can only investigate complaints where it has the legal
power to do so. We can make inquiries into cases where:
- the trustees are not acting in accordance with the
governing document or charity law
- it appears that misconduct in the charity may be putting
assets at risk
- the charity's income is not being used for its stated
charitable purposes
- the way in which the charity is administered is
detrimental to its beneficiaries or causes served
- an organisation is calling itself a charity when it is
not.
What OSCR may not deal with
At all times, OSCR will act in the public interest, not on
behalf of individuals or groups.
OSCR does not regulate every aspect of a charity's
business. Those matters that may not be appropriate for OSCR
to deal with include:
- employment issues; including those dealt with by employment
tribunals
- issues relating to the quality of service provided by a
charity; dealt with through the charity's own complaints
system
- disputes within a charity or between a charity and a
third party unless OSCR has good reason to believe that the dispute
is putting charity assests at risk or endangering the charity's
ability to meet its charitable objects
- complaints against Registered Social Landlords (RSLs);
dealt with by The
Scottish Housing Regulator
- concerns about policies pursued or actions taken by the
trustees within the law and the provisions of the charity's
governing document or when another organisation is best placed to
deal with the concern.
Criminal activity in a charity is primarily a matter for the
police and criminal justice system. OSCR's intervention may
involve liason with the police and other regulators where
appropriate.
For further information on how to complain about a charity read
our Making a
Complaint page.