Inquiry into actors’ charity reveals ‘damaging’ trustee dispute

Findings around governance and financial controls at Actors' Benevolent Fund (ABF) has revealed “important lessons” for all charities and the Charity Commission itself in cases of “disputed trusteeship” and “significant disagreements”, the regulator has said.

The Charity Commission made the comments after it announced it had concluded a regulatory compliance case into the fund. The probe was launched in February 2022 following concerns about governance and financial controls at the charity, which has around £40m in assets and operates hardship funds to support actors and stage managers in England and Wales.

The commission's involvement arose after a “significant disagreement” over how trustees were appointed, removed, or retired, resulting in a group of 10 Trustees, led by former ABF President for 32 years Dame Penelope Keith, being ousted from the board.

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In completing its probe, the regulator found that ABF had "evidenced significant commitment" to improve its governance and was satisfied that the January election of its new board of trustees was "valid". However, the investigation prompted the regulator to issue new guidance to all charities on handling leadership disagreements.

In its recommendations, the Charity Commission criticised the recent “disruptive period” at ABF, calling it “a difficult, damaging dispute” that “diverted energy and resources away from the charity’s beneficiaries”. 

The Commission also revealed that the charity operated without sufficient financial policies and had an unclear governing document, ultimately contributing to the dispute. Following the regulator’s advice, the charity’s governing document has been updated.

Acknowledging that not all parties were “happy” with its decision, the Charity Commission also apologised for not including all past and present trustees in the early stages of its case but added that this had not had a material impact on the overall outcome. 

The guidance issued as a result of the case includes ensuring rigorous review of the reappointment of any trustee who has served for nine or more years and transparency in decision-making processes, including minute-taking.

'Some parties remain unhappy'

Helen Earner, Director of Regulatory Services at the Charity Commission, said: “We have worked to draw a line under what has been a very disruptive period for the Actors’ Benevolent Fund, and our regulatory compliance case has now concluded. The charity has set in motion several positive changes to strengthen how it operates and has a newly elected trustee board, and we’re hopeful there is now a renewed focus on helping beneficiaries.  

“This has been a difficult time for all involved and we acknowledge some parties remain unhappy. We have ourselves learned lessons from this case and are already taking these forward in how we handle other cases where trustee appointment is disputed.

"We have also apologised for not including all past and present trustees in the early stages of our case, which was a fair challenge to our approach but has not had a material impact on the overall outcome. ”

In a statement to The Stage, a representative for former ABF Trustees said they were "disappointed with the clear lack of transparency and accountability" from the Charity Commission. They claimed the press release was "filled with erroneous errors," "underplayed the [regulator's] utter mishandling of this matter," and "devalued the rare apology by the Charity Commission."

On the same day the guidance was published, Loyd Grosman announced he would depart as Chair of the fund due to “other commitments” after two months in the role, with existing trustees Hannah Whittingham and Alex Macqueen named new co-Chairs.

ABF said: “Loyd advised us that, in light of other commitments, he would not have sufficient time to dedicate to the charity. 

“After a challenging two years, we are pleased that the Charity Commission has announced it has closed its regulatory compliance case into the charity and thrilled that the King is confirmed as our patron."