The Charity Commission has referred a charity founder to the police after he defied a ban preventing him from acting as a trustee.

Dr Alan Blacker, who founded advice charity Joint Armed Forces Legal Advocacy Service (JAFLAS), was disqualified from acting as a trustee after he was convicted of benefit fraud four years.

But despite the ban he “continued to hold significant control over the charity’s funds” and remained listed as a director of the charity and as a ‘person with significant control’ at Companies house.

“He appeared to continue to act as a trustee by directing the actions of the three other trustees, including answering correspondence from the Commission on their behalf,” the regulator found.

The Commission’s probe found that donations made through the charity’s website were being placed directly into Blacker’s bank account, which was subsequently frozen by the regulator.

As acting as a trustee while disqualified is a criminal offence the Commission has referred the matter to Greater Manchester Police. The regulator adds that the charity has now been dissolved.

In addition to his automatic disqualification, which would have expired in October, the Commission has banned Blacker from being a trustee or holding a senior charity role for 15 years.

The charity’s three other trustees Paul Bohill, Stephen Ashforth and Julie Ashforth have been disqualified from senior charity roles for 10, 7 and 7 years respectively and branded as “uncooperative and obstructive” by the Commission.

“The inquiry further found that the other trustees’ response to Dr Blacker’s automatic disqualification fell short of the standard expected of them,” said the Commission.

“They were either unable or unwilling to prevent him continuing to act as a trustee and appeared to have little control over the charity or its operation until it dissolved.”

Our inquiry into JAFLAS has found serious issues in the charity’s administration, including the continued involvement of a disqualified trustee.

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— Charity Commission (@ChtyCommission) March 6, 2024

Charity Commission head of investigations Amy Spiller said: “The Commission is clear that a disqualified individual cannot continue to act in a position of power within a charity.

“However, our inquiry found that Dr Blacker held a dominant position at JAFLAS prior to and following his automatic disqualification.

“Trustees are responsible for the administration and management of their charity, and for taking proper steps to respond when things go wrong. In this case, the trustees failed to respond appropriately to the automatic disqualification of a trustee.

“Charity trustees share ultimate responsibility for governing a charity and directing how it is managed and run. Where the conduct of trustees falls well below the standards expected, as is the case here, there can be damage to the reputation of the charity and of the wider charity sector itself.”

The Charity Commission investigation into Dr Blacker was launched two years ago amid concerns that he was still involved in the charity’s management despite being banned.

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