Purpose and scope
Conger Hill Trust is committed to identifying and responding appropriately to serious incidents which could cause significant harm to the Trust's beneficiaries, volunteers, trustees, property, finances, reputation or ability to carry out its charitable purposes.
The trustees are collectively responsible for the proper management of the Trust. This includes protecting its assets and beneficiaries and ensuring that serious incidents are reported to the Charity Commission and other relevant authorities where required.
This policy applies to all trustees and volunteers. Anyone who becomes aware of an actual or suspected serious incident must report it to a trustee as soon as possible. The trustee must ensure that the Chair of Trustees is informed immediately.
A serious incident is an adverse event, whether actual or alleged, which results in or risks significant:
- harm to beneficiaries, volunteers or others who come into contact with the Trust through its work;
- loss of the Trust's money or assets;
- damage to the Trust's property;
- harm to the Trust's work or reputation; or
- disruption to the Trust's ability to carry out its charitable purposes.
Examples may include:
- a serious safeguarding incident or allegation;
- a significant food safety incident, including an incident which has caused or could cause serious harm;
- fraud, theft, financial crime or significant loss of Trust funds or assets;
- a serious health and safety incident;
- a significant data protection or cyber security incident;
- serious misconduct by a trustee or volunteer;
- an allegation of serious criminal activity connected with the Trust;
- significant damage to premises, equipment or other assets;
- a significant loss of income or other event which threatens the Trust's ability to continue its activities;
- significant reputational harm; or
- another event which could seriously affect confidence in, or the operation of, the Trust.
Not every accident, complaint, financial loss, food safety concern or operational problem will constitute a serious incident. The significance of the event, the actual or potential harm caused and the potential impact on the Trust will be considered.
Responding to a serious incident
The immediate priority is to protect people, food, funds, information and other Trust assets and to prevent further harm.
The Chair will coordinate the Trust's response to a suspected serious incident and ensure that appropriate action is taken. Depending on the circumstances, this may include:
- taking immediate steps to protect anyone at risk;
- stopping or modifying an activity;
- isolating potentially unsafe food or equipment;
- securing funds, accounts, systems, records or property;
- preserving relevant records and evidence;
- informing the Trust's insurers;
- obtaining professional or legal advice; and
- notifying an appropriate authority or regulator.
A food safety incident must also be referred immediately to a designated Food Safety Lead, who will manage the food safety response in accordance with the Trust's food safety procedures and advise the Chair on any action required.
Where appropriate, incidents may need to be reported to organisations including Environmental Health, the police, the Information Commissioner's Office, the Health and Safety Executive, the Trust's insurers, a food supplier or redistribution partner, or another relevant authority.
Reporting an incident to another organisation does not remove the trustees' responsibility to consider separately whether it should be reported to the Charity Commission.
Information about an incident will only be shared with those who need it to manage, investigate or report the matter. The Trust will take particular care to protect confidential and sensitive information.
Reporting to the Charity Commission
The Board of Trustees will consider whether a serious incident should be reported to the Charity Commission in accordance with the Commission's serious incident reporting requirements.
Where reasonably practicable, the decision will be made collectively by the Board. A trustee who is personally implicated in an incident or has another significant conflict of interest must not take part in deciding how the Trust responds to the matter.
Where urgent action is required and it is not reasonably practicable to convene the Board, the Chair may take necessary action on behalf of the Trust, including making a report where delaying it would be inappropriate. The Board must be informed as soon as reasonably practicable.
The Chair of Trustees will normally submit any serious incident report to the Charity Commission on behalf of the Trust.
Reports should be made promptly once the Trust has sufficient information to understand the nature and significance of the incident. An investigation does not need to be complete before an initial report is made where the matter is clearly reportable.
The Trust will cooperate with the Charity Commission and other relevant authorities and provide further information where reasonably required.
Recording, review and learning
The Trust will maintain an appropriate confidential record of serious incidents and suspected serious incidents.
The record should include, as appropriate:
- what happened and when;
- how the Trust became aware of the incident;
- the actual or potential impact;
- immediate action taken;
- any investigation undertaken;
- authorities, regulators, insurers or other organisations notified;
- whether the Board considered reporting the incident to the Charity Commission;
- the decision reached and the reasons for it; and
- any subsequent action or learning.
Where the trustees consider a potentially serious incident and decide that it does not meet the threshold for reporting to the Charity Commission, that decision and the reasons for it should still be recorded.
Following a significant incident, the Board will consider whether changes are required to the Trust's policies, procedures, risk assessments, training, financial controls or working practices.
The Board will review this policy at least annually and following any serious incident which indicates that changes are required.