Trustees have overall control of a charity and are responsible for making sure it’s doing what it was set up to do.
The recruitment of new trustees into a charity can strongly influence how well managed and effective the charity is in the future. Existing trustees are legally responsible for the recruitment of new trustees and should consider the following areas in their recruitment, selection and training processes:
Those involved in the recruitment process should review the technical skills, experience and qualities of existing trustees and identify any gaps to find the most suitable candidate. Creating a role description can help interested candidates to understand the role. Throughout the recruitment process it’s important to implement the equality, diversity and inclusion policies of the charity.
The procedures for recruiting a new trustee will be set out in the charity’s governing document and it’s essential that existing trustees follow these procedures during the recruitment process or the new appointment could be made invalid.
Certain individuals are not eligible to act as trustees.
Only people over the age of 18 can be a trustee of a charitable trust or unincorporated association. However, 16 is the minimum age for this role at a charitable incorporated organisation (CIO) or a charitable company unless the charity’s governing document says you must be older.
Individuals cannot act as trustees if they are disqualified as a company director, have been declared bankrupt or have an individual voluntary arrangement (IVA), have an unspent conviction for certain offences (including any that involve dishonesty or deception) or are on the sex offenders’ register. There are further restrictions for charities that work with children or vulnerable adults.
There are a variety of methods charities can use to find new trustees. Word of mouth and personal recommendation remain popular but advertising the role internally and externally will reach more people and potentially attract a greater variety of candidates with a wider range of skills and experience.
A person appointed as the trustee of a charity must always have the charity’s best interests at heart. Care should be taken to avoid any serious conflicts of interest. If conflicts of interest do exist, procedures should be put in place to manage the conflicts.
Before appointing a new trustee, the charity must make sure it is acting within the law, in accordance with the charity’s governing document, and that the prospective trustee is not disqualified from being a trustee. As a minimum, charities should obtain a signed declaration from a new trustee confirming their eligibility to act. It is also recommended to follow the usual recruitment checks such as taking up references.
There are additional ways to vet a new trustee, such as checking the Individual Insolvency Register, the Register of Disqualified Directors available from Companies House, and the Charity Commission register of previously disqualified charity trustees.
For charities that work with children or vulnerable adults additional checks may also be needed with the Disclosure and Barring Service.
It is very important that a training and induction process is given to new trustees. They need to have an in-depth understanding of the role, the organisation and their legal responsibilities.
New trustees should be given an induction pack containing copies of key internal documents including the charity’s governing document, recent financial accounts, strategic plans, and the mission, vision and values statements of the charity.
Inductions meetings should be arranged with existing trustees, employees, service users and other stakeholders.
Training will also help trustees to understand the charity’s key policies and procedures, such as conflicts of interest, equality and diversity, health and safety and data protection.
The Charity Commission has produced useful guidance on finding new trustees.
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