The Charity Commission, the independent regulator of charities in England and Wales, has opened a class statutory inquiry into The Martin Foundation (registered charity number 1110184), and The Collegiate Charitable Foundation (registered charity number 1012924). The inquiry was opened on 22 January 2018.

The charities provide bursaries to enable students to attend independent primary and secondary schools; provide advertising, facilities and equipment for the schools, and assist the local community, however The Martin Foundation is not currently carrying out any activity.

After receiving a complaint from the public and information from other regulators the Commission engaged with the charities in respect of a number of regulatory concerns. Our engagement established that there were clear and ongoing serious regulatory issues relating to the administration of the charities by the trustees. These included the management of conflicts of interest, protecting and properly accounting for the charities’ assets, and potential unauthorised trustee benefit.

The inquiry is examining:

• The extent to which potential conflicts of interest and connected party transactions have been properly managed
• The extent to which there has been any unauthorised trustee benefit
• Whether the charities operated for exclusively charitable purposes

In order to protect the assets of the charities, the Commission has issued orders to the trustees and the charities’ bank under section 76(3) of the Charities Act 2011. These are temporary orders and will be reviewed on a regular basis in line with normal procedures.

Due to the seriousness of its regulatory concerns the Commission also appointed Geoff Carton-Kelly and Tom McLennan of FRP Advisory as joint interim managers of the charities on 13 August 2018.

The interim managers are appointed with all the powers and duties of trustees and will act to the exclusion of the current charity trustees. These are temporary appointments and will be reviewed on a regular basis in line with normal procedures.

It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were. Reports of previous inquiries by the Commission are available on GOV.UK.

Notes to Editors

1. The Charity Commission is the regulator of charities in England and Wales. To find out more about our work see the about us page on GOV.UK.
2. Search for charities on our check charity tool.
3. Section 46 of the Charities Act 2011 gives the Commission the power to institute inquiries. The opening of an inquiry gives the Commission access to a range of investigative, protective and remedial legal powers.
4. The Interim Manager appointment is a temporary and protective power that will be reviewed at regular intervals. It will continue until the Commission makes a further Order for its variation or discharge.

Minister Field Statement on the Anniversary of the Rohingya Crisis

“Today marks the anniversary of the Kofi Annan Commission recommendations for Rakhine. It is tragic that this was so closely followed by the brutal, disproportionate response of the Burmese military to a series of coordinated attacks by the Arakan Rohingya Salvation Army. We have been clear in our condemnation of both the initial attacks and the appalling military operations that followed, which we have consistently described as ethnic cleansing. Violence will not solve the long-standing issues in Rakhine.

“During his life, Kofi Annan was a constant advocate for human rights, international development and the rule of law. His vision of long-lasting peace for Burma was supported by investing time and energy into making sure every community in Rakhine State had a voice in their future. It is through implementing the recommendations outlined in his report we can ensure that Annan’s legacy and commitment to peace in Rakhine are honoured. We continue to believe this sets out the most viable path for resolving a decades-long conflict, ensuring stability and security for all.

“The underlying issues need to be addressed too if there is be sustainable progress. The Memorandum of Understanding between Burma and the UN is a step in the right direction. It should now be put into action. Most immediately, this means ensuring unfettered and effective access for the UN to northern Rakhine State. Without it, hundreds of thousands of vulnerable people remain without the aid and development assistance they urgently need. Over the border in Bangladesh, the desperate flight of hundreds of thousands of Rohingya has created a humanitarian crisis of unprecedented proportions.

“The UK Government has led the international response, both diplomatically and in terms of humanitarian support. We are one of the largest donors supporting the delivery of much needed humanitarian assistance, providing over £129 million to date. We remain steadfast in putting pressure on the Burmese authorities through direct discussions and at the UN Security Council, where we are using our Presidency to call a session on Burma on 28 August.

“We will continue to work towards bringing to justice the perpetrators of human rights violations, including sexual violence, through a transparent, independent and credible process.”

Further information

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Exmouth residents will have a chance to learn more about the benefits of the Environment Agency’s £12 million tidal defence scheme at a drop-in event next week.

The event is being held on Wednesday 5 September at Ocean on Queens Drive, EX8 2AY between 11am and 8pm.

Rob Butler, project manager for the Environment Agency, said:

We have listened to feedback from the consultation events held in 2015 and 2016. We have designed a scheme that reduces tidal flood risk for many in Exmouth from a 4% chance to 0.5% chance in any given year.

This public exhibition is a great opportunity to come and see the plans we have developed and discuss them with the project team.

The Environment Agency is working in partnership with East Devon District Council to deliver this important scheme.

Councillor Tom Wright, East Devon’s portfolio holder for the environment, said:

East Devon District Council is totally committed to working with our partners, the Environment Agency and Devon County Council, to ensure the future flood defences for Exmouth.

This is demonstrated in the urgent works we will be starting next month to reinforce the sea wall near Mamhead slipway. I urge all Exmouth residents to visit the exhibition.

The scheme is being designed and will be built by civil engineering contractor Team Van Oord. It will include:

• Flood embankments and walls between the Withycombe Brook and Imperial recreation ground.
• Raised defences between the Imperial recreation ground and Camperdown Terrace.
• Strengthening the existing seawall, improving drainage for water to drain back out to sea, flood gates and new set-back defences along the landward side of the Esplanade.

Following the public exhibition a planning application will be submitted to East Devon District Council, the local planning authority, in late September. If permission is granted construction will begin early in 2019 and should be complete by 2021.