The purpose of this policy is to ensure that anyone involved in the British Society for Eighteenth-Century Studies (BSECS) is able to identify serious incidents, escalate them as appropriate and report them internally so that Trustees can exercise adequate oversight and consider whether to make a serious incident report to the Charity Commission among other potential actions. The President acts as the Chair of Trustees.
In particular, this policy sets out how BSECS seeks to ensure compliance with the Serious Incident Reporting requirements of the Commission (www.gov.uk/guidance/how-to-report-a-serious-incident-in-your-charity).
Although the Trustees may delegate the responsibility for making reports of serious incidents, the Trustees remain ultimately responsible for ensuring that any serious incidents are reported in a timely manner.
- The duty to report a serious incident
Although there is no statutory requirement under charity law for charities to report serious incidents as they occur, registered charities with an income over £25,000 per year must confirm in their annual return that there have been no serious incidents or other matters that Trustees should have reported to the Commission but have not done so. The Commission also considers that, as a matter of good practice, all charities regardless of size or income should report serious incidents to the Commission promptly.
The Trustees of BSECS take serious incidents and threats to the Society very seriously and consider that reporting serious incidents to the Commission and other relevant authorities comprises an important part of the effective and appropriate response to any such incident.
If the Trustees fail to report a serious incident that subsequently comes to light, the Commission may consider this to be indicative of mismanagement in the administration of the Society as a charity and may ask the Trustees to explain why it was not reported at the time. The failure to report a serious incident could prompt or add to the seriousness of regulatory action, particularly if further abuse or damage has arisen following the initial incident.
The potential for reputational damage can also be lessened if the Trustees are able to show that any serious incident has been handled appropriately.
- What is a serious incident?
The Charity Commission’s SIR Guidance defines a serious incident as an adverse event, whether actual or alleged, which results in or risks significant:
- a) harm to a charity’s beneficiaries, staff, volunteers or others who come into contact with the charity through its work;
- b) loss of a charity’s money or assets;
- c) damage to a charity’s property; and/or
- d) harm to a charity’s work or reputation.
The Commission recommends that any incident or matter which could get into the public domain or be reported in the media is reported to it as soon as possible (even if initially on an interim basis) so that the Commission can prepare its own public response and be in a position to say that it is already liaising with the charity in relation to it.
The Charity Commission SIR Guidance provides more details about the types of matters that should be reported and also includes a table of examples of matters that usually should or should not be reported. If in doubt as to whether something constitutes a serious incident, you should discuss it with the President of the Society.
- Reporting processes
Members and Trustees of BSECS should report any concerns internally to the President of the Society, as soon as possible and in any event within 24 hours.
Policies which relate to contexts in which serious incidents may arise are available at https://www.bsecs.org.uk/policies/. Where a serious incident is covered by one of these policies, Trustees should follow the procedure set out in the relevant policy in addition to the report to the President of the Society.
Where an incident relates to the President of the Society, the incident or allegation should be reported to the Vice President of the Society.
Upon receiving a report, the President of the Society will assess whether it may potentially be a serious incident and if so, will promptly (on the same day) report the incident to the Charity’s Trustees. Consideration should be given as to whether any particular steps can be taken to address particular issues e.g. whether the report could be appropriately anonymised before sharing with the Trustees.
The Trustees will respond to serious incidents promptly, in a comprehensive and systematic manner; will assure themselves that all appropriate steps have been or are in process; and will seek to prevent or minimise any further harm, loss or damage.
Serious incidents will be reported to the Commission promptly. The urgency of reporting will depend on factors including the nature and seriousness of the incident, the potential impact on the Society and whether it is likely that there will be media coverage of the incident. The serious incident report should be filed by completing the form found at https://register-of-charities.charitycommission.gov.uk/report-a-serious-incident.
- Other actions to take
The Trustees will prepare a communications plan covering what information will be shared with members, the public and the media. Consideration will be given to whether it is appropriate to obtain external advice, such as legal and/or communications advice.
Consideration must also be given to whether a serious incident should be reported to the Society’s insurers.
In addition to making a serious incident report to the Commission, it may be necessary to inform or make reports to other relevant regulators or agencies, such as the police or the Information Commissioner’s Office.
Trustees should consider whether appropriate steps have been taken to respond to a serious incident and ensure that sufficient controls and procedures are put in place to mitigate and manage any future risks to the Institute and its beneficiaries. This should be documented. It is important that Trustees learn from the incident and take steps to minimise further harm in consequence of the incident and to prevent similar incidents from occurring in the future.
Passed by the BSECS Council, January 2025