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At the start of the COVID-19 pandemic in April 2020, Captain Sir Tom Moore provided a genuine ray of sunshine in the UK when, at the age of 99, he started walking 100 laps of his garden in Marton Moretaine, Bedfordshire, to raise money for NHS Charities Together (a network of over 230 charities). He raised over £38 million, a far cry from the £1,000 he originally aimed for. What followed in the years following his death from COVID-19 at the age of 100 in February 2021 is now the subject of intense legal debate. In this article, we will look at the key lessons that charity trustees can learn from the scandal surrounding the Captain Tom Foundation.
What happened after the death of Captain Sir Tom Moore?
In June 2020, the Captain Tom Foundation was established by his family with the aim of supporting “clauses close to Captain Sir Tom’s heart”. In June 2022, the Charities Commission opened an investigation into the governance and accounts of the charity, which revealed that in its first year, only £160,000 was given away in charitable grants compared to around £210,000 on support and management costs. As a result, Hannah Ingram-Moore, Sir Tom’s daughter, who held the role of the charity’s trustee and CEO, and her husband Colin Ingram-Moore, who held the role of trustee, came under significant scrutiny. The Charities Commission was concerned that Hannah Ingram-Moore and her husband had benefited personally from using the charity’s name.
What did the inquiry uncover?
In November 2024, the Charity Commission concluded its investigation, finding that the family of Captain Sir Tom has “repeatedly benefitted” and “mismanaged” the Captain Tom Foundation. The Commission’s report also concluded the following:
- The public “would understandably feel misled” to learn that sales of his autobiography ‘Tomorrow Will Be a Good Day’ did not benefit the Captain Tom Foundation even though statements were made implying donations from sales would be made to the charity carrying his name.
- While it might have been technically correct for Hannah Ingram-Moore to state that she was “not offered” a “six-figure salary,” in fact, before she started her role, she had stated that her expectations were for a £150k remuneration package.
- Mrs Ingram-Moore retained £18,000 for judging and presenting an award named after Captain Tom. The Commission did not agree with her assertion that this was in a personal capacity; rather, she committed the charity’s resources to the event without the non-conflicted trustees’ knowledge or consent.
- Intellectual property rights owned by the Ingram-Moore family offered to the charity for its use did not have the appropriate agreements in place, causing confusion and possible financial losses to the charity, and
- When applying for planning permission to construct a ‘spa’ (which was later demolished) in the family’s back garden, the Ingram-Moores used the charity’s name on the application form, implying that the building would be used by the charity; this was not the case. No permission or consent was sought from the unconflicted trustees before using the charity’s name for this purpose. The inquiry concluded that the family used the charity’s name inappropriately for their own benefit, amounting to misconduct and/or mismanagement.
What are the key legal lessons we can learn from the scandal?
One of the main lessons to be learnt from the scandal is that anyone who is a trustee of a charity must understand and adhere to their legal duties in accordance with the Charities Act 2011. Section 221 of the Act makes clear that trustees have a duty to:
- Ensure the charity is carrying out its purposes for the public benefit
- Complying with the charity’s governing document and the law
- Act in the best interests of the charity
- Manage the resources of the charity responsibly
- Act with reasonable care and skill, and
- Ensure the charity is accountable (to its members and within the charity)
In addition, when making a decision on behalf of a charity, trustees must:
- Act within their powers
- Act in good faith, and only in the interests of the charity
- Make sure they are sufficiently informed
- Take account of all relevant factors they are aware of
- Ignore any irrelevant factors
- Deal with conflicts of interest and loyalty, and
- Make decisions that are within the range of decisions that a reasonable trustee body could make in the circumstances.
The law is clear that charity trustees and those connected to a trustee must not receive any benefit from their charity in return for any service they provide to it. It is important to understand that “connected” in this sense refers to family (including the trustee’s spouse or unmarried or civil partner, children, siblings, grandchildren, and grandparents), relatives, business partners of a trustee, and businesses in which a trustee has an interest through ownership or influence.
The Commission’s report also reminds charities and their trustees that:
- When working with third-party and professional fundraisers, trustees must ensure that the specific legal requirements have been met, including putting in place the necessary written agreements
- Professional fundraising or promotions by commercial participators are not permitted unless there is a written agreement, and
- When establishing a charity named after a famous individual, trustees should take any necessary measures to protect the intellectual property of their charity and fully consider the matter before doing so.
Wrapping up
Hannah and Colin Ingram-Moore were both disqualified from being charity trustees by the Charity Commission in July. The scandal surrounding the Captain Tom Foundation shows just what can happen when those responsible for the running of charities do not fully understand their legal obligations and duties. Instead, what should have been charity providing a lasting legacy in the memory of Captain Sir Tom Moore has its reputation damaged to the extent that it no longer uses his name.
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