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Get to know your trustees: the benefits for Scottish charities

04 Nov 2024

A charity that understands the motivations, skills, and perspectives of its trustees will have better governance and is likely to operate more effectively.

Charity trustees are the people in overall control and management of a charity. They may be called directors, management committee members or committee members, but the law considers them to be 'charity trustees'. They are responsible for the charity's governance and strategy. Upcoming changes to charity law will display the names of a charity’s trustees on the Scottish Charity Register from mid-2025.

It is a common theme in OSCR’s inquiry work to see issues in charities stem from trustees who do not understand their responsibilities, and in some cases, there can be trustees on charity Boards who do not know enough about the other members’ skills.  This often means the Board as a whole is unable to capitalise on the knowledge and experience available to support the best running of the charity.

Here are some tips to help you get to know your trustees better.

1. Make sure someone is eligible

Currently, individuals are automatically disqualified from being a charity trustee if they:

  • have an unspent conviction for an offence involving dishonesty or an offence under the Charities and Trustee Investment (Scotland) Act 2005
  • are an undischarged bankrupt or have a Protected Trust Deed
  • have been removed under either Scottish or English Law or by the courts from being a charity trustee
  • have been disqualified from being a company director

The Charities (Regulation and Administration) (Scotland) Act 2023 will extend the criteria that result in the automatic disqualification of trustees from mid-2025. The new range of criteria will now include, for instance, those convicted of terrorism, or who are on the sexual offenders register.

Charities should perform an eligibility check before a trustee joins the organisation and should regularly check if existing trustees meet the criteria for automatic disqualification.

2.Inductions are important

A comprehensive induction process is an excellent starting point for getting to know new trustees.

It is vital that anyone who is a charity trustee knows their legal duties. OSCR’s Guidance and Good Practice for Charity Trustees explains what the law says they must do and must not do. In the guidance, we also share good practice from our experience as Regulator and from other organisations in the charity sector.

When a trustee joins the Board, try to gather personal insights about their expectations, skills, and areas of interest. This helps to identify potential roles they can play in the charity and ensures they feel valued and understood from the outset.

Any induction should include information on a charity’s mission, values, and operations. It is also useful to introduce your new trustee at a session with the Board, staff or volunteers where trustees can share their own backgrounds, experiences, and reasons for joining the Board.

3. Make the most of your meetings

Board meetings are often focused on governance, strategy, and problem-solving, leaving little room for personal interaction. Try to introduce time for informal discussions or team-building activities. This can foster better relationships and provide opportunities for trustees to share more about their personal lives, interests, and aspirations.

Getting everyone together can be a challenge. For geographically dispersed boards or those with time constraints, digital tools are invaluable. Platforms like Slack, Zoom, Microsoft Teams, or dedicated board portals can facilitate meetings and communication.

4. Mentor your trustees

Pairing new trustees with other members of the Board has many benefits.

This is especially useful when the new trustee has little or no Board experience. Additional background knowledge can support decision making and give someone more confidence to express their views during trustee meetings. Mentors should provide feedback to the Board on the skills and interests of their mentees, helping to build a clearer picture of the Board’s collective strengths and areas for development.

5. Encourage communication and collective decision making

Trustees should be encouraged to voice their thoughts, concerns, and suggestions. This can be done through regular surveys, informal check-ins, or facilitated discussions during Board meetings. Trustees should feel that their input is not only welcomed but also valued.

If you do not get this right, there can be negative consequences. At OSCR we’re increasingly concerned about dominant behaviour in charities. Dominant behaviour in a charity’s governance happens when one person (or a small group of people) makes all the decisions in a charity and prevents the charity’s trustees from acting collectively and doing their job properly or forces the charity trustees to legitimise their decisions at a later date.  It can and does result in beneficiaries, staff and funders losing confidence in a charity.

You can read more about how to prevent dominant behaviour in charities in our ‘Learning from OSCR’s inquiries’ series.

6. Let your trustees reflect and learn

Your trustees should come together to assess Board performance, collectively and individually, and identify strengths and areas for improvement. Inform your reflections by seeking feedback from staff, beneficiaries and stakeholders.  Create the right culture so that those who are asked for feedback are comfortable doing so.

A common theme when charities have issues is that they don’t address knowledge and skill gaps to better support the charity's mission. These can often be addressed through ongoing learning and additional recruitment. It is not always about knowledge of trustee responsibilities; a charity could be lacking digital or finance skills for example. If your charity is not sure what help is available locally, your nearest Third Sector Interface (TSI) may be able to help.  

7. Store the information you need about your trustees, and do it securely

Charities should always capture necessary trustee contact information that is regularly reviewed to ensure it is up to date.

In general, consider capturing the following details:

  • Name
  • Address
  • Email address
  • Telephone number
  • Alternative contact number

Storing personal details correctly is crucial for complying with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). These regulations mandate that organisations handle personal data responsibly, ensuring its confidentiality, integrity, and security to protect individuals' privacy rights. Mishandling or improper storage of personal details can lead to data breaches, which in turn may result in significant legal penalties, reputational damage, and loss of trust.

Always use secure systems for storing data, implement access controls, and regularly update security measures. Personal data should only be retained as long as necessary for its intended purpose and should be disposed of securely when no longer needed.

Additional sources of support

Getting to know trustees better is not just about building stronger relationships but also about leveraging their diverse skills, perspectives, and experiences to drive the charity’s mission forward. In addition to the tips above, you can find further support on running a charity by clicking on the links below:

For more information and advice on how to run your charity effectively, sign up to our OSCR Reporter newsletter to get the latest tips and guidance for trustees.