How to complain about a charity
The Charities and Trustee Investment (Scotland) Act 2005 gives OSCR the power to make enquiries into apparent or alleged misconduct in charities; bodies that are connected to or controlled by charities; and bodies that are not charities but are represented as charities.
What OSCR deals with
OSCR can only investigate complaints where it has the legal power to do so. We can make enquiries into cases where:
- the trustees are not acting in accordance with the governing document or charity law
- it appears that misconduct in the charity may be putting assets at risk
- the charity's income is not being used for its stated charitable purposes
- the way in which the charity is administered is detrimental to its beneficiaries or causes served
- an organisation is calling itself a charity when it is not.
What OSCR may not deal with
OSCR does not regulate every aspect of a charity's business. Those matters that may not be appropriate for OSCR to deal with include:
- employment issues; dealt with by employment tribunals
- issues relating to the quality of service provided by a charity; dealt with through the charity's own complaints system
- disputes with or between a charity and a third party unless there is good reason to believe that the dispute is putting charity assests at risk or endangering the charity's ability to meet its charitable objects
- complaints against Registered Social Landlords (RSLs); dealt with by Communities Scotland
Criminal activity in a charity is primarily a matter for the police and criminal justice system. OSCR's intervention may involve liason with the police and other regulators where appropriate.
For further information on how to complain about a charity read our making a complaint and enquiry and intervention pages.
