Applying to stop disqualification

Use this page to find out about what the board, trustees and senior manages can do in the event of trustee disqualification.

Trustees and senior managers can apply for a waiver (a waiver brings a person’s disqualification to an end) if they have been disqualified. The new rules on waivers came into force on 1 August 2018. It’s the individual person who applies for a waiver – not the charity. The Commission will decide whether to give someone a waiver based on the individual’s case and:

• the level of risk they present to the best interests of charities where the waiver would apply
• whether giving a waiver is likely to damage public trust and confidence in a charity or charities.

Some of the specific factors that the Commission will consider include:

• the conduct that led to their disqualification
• how long it’s been since the disqualification came about
• whether a disqualification relating to financial management stemmed from financial circumstances out of the person’s control
• the view of charity trustees
• the purposes of the charity (especially rehabilitating people with criminal records)
• the importance to the charity of their involvement
• user perspective
• whether the acts which led to disqualification damage a charity or were done against a charity.

The Commission cannot give a waiver for a charitable company or charitable incorporated organisation if the reason for disqualification is bankruptcy, unless leave was given by the court.

Applying for a waiver for a specific charity or set of charities is more likely to be successful than applying for a waiver for all charities in a particular category or all charities.

The Charity Commission has published the following guidance:

• Read guidance for individuals about automaic disqualification rules on GOV.UK.
• Read guidance for what a waiver is and who can apply on GOV.UK.
• Visit the online form to apply for a waiver on GOV.UK.

Individuals apply for disqualification waivers, but the Commission will want the following information from the trustees of the charity or charities affected.

• Whether a majority of the trustees support the application.
• Details of the recruitment process that led to the appointment or proposed appointment.
• Details of the duties and responsibilities the person holds or wants to take up.
• Why the trustees consider that this is the best person for the position.
• Why they cannot act in an advisory capacity.
• Whether the trustees have assessed and can manage any risk to the charity and its assets.
• The trustees’ views on the impact on the position and reputation of the charity.
• For undischarged bankrupts, trustees’ views on whether legal limitations on their activities could damage the charity.

Read guidance on how the Charity Commission assesses waiver applications and makes a decision on GOV.UK.

• For more information on trustee disqualification, read Charity Commission guidance on automatic disqualification rules.
• Unlock, the charity working on behalf of people with criminal records, delivers workshops on this topic and also has guidance for both charities and individuals on trusteeship with a criminal record.