The Charity Commission failed to properly respond to “serious allegations regarding the possible concealment of child sexual abuse” at a charity, according to the Parliamentary and Health Service Ombudsman (PHSO) Rebecca Hilsenrath.

Her conclusion follows a complaint from Damian Murray that the regulator and the Department for Education failed to respond to his allegations about concealment of historic sexual abuse at a charity run school.

While Hilsenrath concedes that it is not the role of the Charity Commission to investigate such incidents “our investigation found the Commission failed to understand or consider all the issues in Damian’s complaint”.

“It did not show that it had looked at all the relevant evidence relating to his complaint, and it did not assess the charity’s failings in accordance with its risk and safeguarding guidance,” said Hilsenrath, who found maladministration in the Commission’s decision making.

Murray’s allegations of historic child abuse related to two linked charities, one a religious congregation and the other the sixth form college involved.

The ombudsman’s recommendations to the Commission include apologising to Murray and pay him £1,000 “for the injustice he has suffered”.

It must also “take action to stop the same failures being repeated, including reviewing its handling of the case, its risk assessment and communication guidance”.

But she notes that the Commission “does not accept our findings” although it will comply with her recommendations.

Failings were also found with the DfE’s decision making in handling the case.

Murray said: “The Ombudsman has correctly identified the serious injustice and maladministration to which I was subjected by DfE and the Charity Commission when raising my concerns. 

“I am very grateful to the Parliamentary Ombudsman for the seriousness, thoroughness, and empathy with which it has dealt with my complaint. 

“The continuing refusal by the Commission to do its job properly, to respond constructively to the Ombudsman’s findings, or even to acknowledge the serious, well-evidenced concerns that I put to it, is simply unacceptable.” 

Hilsenrath added: “A well-handled complaint has the power to ascertain the facts, bring closure and create lasting positive change. In this case, the Charity Commission failed to properly handle Damian’s complaint about serious safeguarding concerns.

“It is important that the Commission acknowledges its mistakes and puts things right. The Commission has provided financial redress, but discussions remain ongoing about other aspects of compliance.

“Learning and service improvements are at the heart of our investigations and are what most of our complainants seek.

"The Commission must accept accountability and take decisive action on the basis of our recommendations so that others do not undergo the same experiences in the future.”

Charity Commission’s response

A spokesperson for the Charity Commission said: "We have accepted the PHSO’s recommendations as set out in its review.

“However, we are clear that we do not accept the PHSO has the jurisdiction to make specific findings relating to the reasoning behind any of our regulatory decisions.

“We remain in discussion with PHSO about our compliance with the recommendations. We recognise that Mr Murray’s complaint about the charity arose from some very difficult personal experiences, both for him and for others.”

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