MPs receive reports on Charity Commission’s failings in sexual abuse probes

Reports have been laid before Parliament which detail how the Charity Commission mishandled investigations into two charities over sexual abuse cases.

Flaws by the Charity Commission in one case had led to complainant Lara Hall feeling “suicidal”, according to the Parliamentary and Health Service Ombudsman (PHSO).

Ms Hall, a survivor of human trafficking and sexual abuse, experienced an inconsistent approach during an investigation into a former charity boss who entered into an “abusive and inappropriate relationship” with her, the PHSO’s report said.

Meanwhile, in a separate case, grooming victim Damian Murray said he felt “dismissed” and “made to feel a nuisance” by the Charity Commission, after he made a complaint in relation to historic abuse at a religious order and school in the North West of England.

Both have waived their right to anonymity.

A spokesman for the Charity Commission said the watchdog accepted there are “lessons for the Commission to learn from these two sensitive cases”, and it has apologised to both complainants and paid compensation.

The PHSO is concerned the watchdog has not properly acted on its recommendations.

In both cases the Charity Commission has been told to review the handling of cases, its risk assessment guidance, and its communication.

The PHSO said putting the reports to MPs would encourage the watchdog to comply.

Last week, Parliament was told the Charity Commission had tried to legally delay the report being considered by MPs.

The Charity Commission said it needed to clarify the remit of both bodies because it believes the PHSO has “overstepped” in its duties.

This would affect whether it should carry out the recommendations by the Ombudsman. The legal case remains ongoing.

The report into the case of Ms Hall, 37, which was published last year, found she had come into contact with the charity British Pakistani Christian Association (BPCA) while in an abusive relationship in Pakistan, after being trafficked there from her native Australia.

Chairman of the charity, Wilson Chowdhry had initially promised to help her and champion her cause.

However, they began a relationship the PHSO report claimed she felt was “abusive and inappropriate”.

A safeguarding organisation complained to the Charity Commission in 2019, who categorised her case as “low-risk”, but did not record its rationale for why.

Mr Chowdhry later stood down from the charity.

In the report, the PHSO said the Charity Commission felt it could not strike off Mr Chowdhry from being a trustee of a charity because it did not feel there was a “wider risk to public trust”.

Mr Chowdhry has since gone on to found the UK RAAC Campaign Group, which has campaigned on the potentially dangerous aerated concrete, being photographed outside 10 Downing Street.

The Commission closed her case, despite concerns it had not complied with an official warning which said: “The trustees have failed to act in the best interests of the charity in making balanced and adequately informed decisions and avoiding or managing conflicts of interest.”

In its report the PHSO also said the Charity Commission’s complaints procedure lacked “openness and transparency”.

In the second case, a former pupil at a school in North West England run by a branch of the Catholic Church, said the charity was concealing abuse by a former teacher so as not to hinder fundraising efforts.

Mr Murray, 66, complained to the Charity Commission about the response from the religious order Marist Fathers to claims of historic abuse, according to the investigation by the PHSO.

Mr Murray said he had complained to trustees at the charity about the abuse in 2017.

He himself said he had accepted he was a victim of grooming after reading a book by another former pupil.

The charity said it had been aware of the abuse since 1993 but had not been reported until the victim had done so legally in 2014.

An arts building at the now-closed St Mary’s College in Lancashire was named after the priest in 2008. He has since died.

The Ombudsman found the Commission had “failed to understand and consider all the issues” around Mr Murray’s allegations.

It added the Commission “could not demonstrate (how) it took account of the types of factors its risk assessment and safeguarding guidance suggest were relevant”.

Ms Hall said: “The Charity Commission’s repeated failures have caused me profound pain and ongoing injustice.

“Instead of holding a trustee to account for appalling sexual exploitation, it questioned my experience and forced me to relive my worst trauma.

“How can survivors feel safe reporting abuse if they think they will be treated like I have?

“By trying to block Parliament from seeing the reports, the Commission attempted to avoid scrutiny – striking at the heart of accountability in our democracy.

“Even now, it refuses to accept responsibility or act to put things right.”

Mr Murray said: “For over seven years the Charity Commission has refused to act upon my complaint about the concealment of child sexual abuse.

“The Charity Commission has doggedly resisted all efforts by me, and latterly the Parliamentary Ombudsman, to encourage it properly or promptly to discharge its statutory responsibilities, choosing rather to shield the charity and its trustees from scrutiny and accountability.”

A Charity Commission spokesperson said: “We have long accepted that there are genuine and important lessons for the Commission to learn from these two sensitive cases, principally in the way in which we communicate with complainants, and we have made improvements to our processes as a result. We have previously apologised to both complainants.

“The Commission undertook detailed reviews in each case, as set out by the Ombudsman, and concluded that the overall outcome in each case was sound. In the case of Ms Hall, we had already issued an official warning to the charity concerned.”

Chief executive of the Parliamentary and Health Service Ombudsman Rebecca Hilsenrath KC said: “The Charity Commission indicated throughout our investigations that they did not agree with our findings.

“They have not complied with the bulk of our recommendations, despite our best efforts and our willingness to work with them to ensure compliance.

“It is important that the Commission provides a full apology for their failings and reassures Lara and Damian that they will put things right by complying completely with our recommendations.

“They have not done this so far.”

Mr Chowdhry denied ever being in an abusive relationship with Ms Hall.

He added: “It is important to note that no trustee, including myself, was ever banned by the Charity Commission, and no fines were imposed.”

The British Pakistani Christian Association (BPCA), and Marist Fathers have been contacted for comment.