Becoming a charity trustee

A charity's trustees are the people who lead it and decide how it is run. They may also be called directors, board members, governors or committee members. The Charity Commission's guidance on trustees applies to England and Wales.

What trustees do

GOV.UK says trustees make sure their charity:

In small charities, trustees may be expected to run the charity themselves. In larger charities, staff do the day-to-day work and trustees have a more strategic role.

The Charity Commission sets out trustees' duties in its guide "The essential trustee" (CC3). Trustees must make sure the charity does what it was set up to do. They must follow its governing document and the law, and act in its best interests. They must manage its resources responsibly, use reasonable care and skill, and make sure it is accountable.

The governing document is the one that sets out the charity's rules. It may be a constitution, a trust deed or articles of association.

Trustees make decisions together, as a team. A decision does not usually need every trustee to agree, as long as most of them do. The Commission expects each trustee to give enough time, thought and energy to the role. That includes preparing for trustees' meetings, attending them and taking an active part.

Who can be a trustee

These rules are for charities in England and Wales. A trustee must be at least 18. The age is 16 for a charitable company or a charitable incorporated organisation (CIO), unless the governing document sets a higher age.

Some people are disqualified by law. The Charity Commission's summary of the rules includes anyone who:

The Commission's full table sets out every reason, and the limited exceptions. It is normally an offence to act as a trustee while disqualified. In most cases, a disqualified person can apply to the Commission for a waiver.

The Charity Commission says that before a charity appoints a trustee, it must ask them to sign a declaration that they are not disqualified. Charities that work with children or adults at risk have further restrictions.

Trustees are usually unpaid

GOV.UK says trustees are almost always unpaid. They can claim expenses for things such as travel or childcare costs. The Charity Commission says paying a trustee's expenses is not a trustee payment.

Paying a trustee for carrying out trustee duties needs legal permission. That comes from a power in the charity's governing document, or from the Commission's authority. The Commission says a charity should consider it only in exceptional circumstances, for a temporary period, and when paying the trustee clearly brings a significant advantage to the charity over other options.

The trustees must also decide that the payment is in the charity's best interests, and manage the conflict of interest. A charity may have to name a paid trustee, and what it paid them, in its accounts. Those accounts become public.

When a trustee can be personally liable

The Charity Commission says it is "extremely rare, but not impossible" for trustees to be held personally liable. A trustee can be liable to the charity for a financial loss caused by acting improperly. Trustees can also be liable to someone with a legal claim against the charity that the charity cannot meet.

The Commission says trustees reduce that risk by keeping to their duties. Another step is for the charity to become incorporated, for example as a company or a CIO.

Finding a trustee role

GOV.UK describes several ways people find trustee vacancies. They include adverts in the press, approaching a charity directly, and asking at a local volunteer centre. Some charities look for trustees with particular skills or experience.

A person thinking of joining a charity in England or Wales can usually look it up on the Charity Commission's register. Charities with an income below £5,000, and some others, are not on it. The register shows its trustees, its work and aims, and its finances.

The Commission says every charity must provide a copy of its most recent accounts to anyone who asks. The charity can charge to cover its costs.

The Commission names the National Council for Voluntary Organisations (NCVO) among the bodies offering information and support about the trustee role. It also names the Wales Council for Voluntary Action.

Scotland and Northern Ireland

In Scotland, the Office of the Scottish Charity Regulator (OSCR) regulates charities and their trustees, under the Charities and Trustee Investment (Scotland) Act 2005.

In Northern Ireland, the Charity Commission for Northern Ireland (CCNI) is the independent statutory regulator of charities.

Useful links