Charity Governance Legal Advice for Charities and Non-Profit Organisations

Helping charities and not-for-profit organisations make sound decisions, manage risk and remain focused on the purposes they were established to achieve.

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Effective governance provides the foundation for a well-run, sustainable charitable organisation. Clear responsibilities, effective decision-making processes and appropriate oversight can help trustees and leadership teams protect their organisation, manage risk and remain focused on achieving their charitable purposes.

DTM Legal provides practical governance advice to charities, charitable companies, Charitable Incorporated Organisations, trusts, foundations and other not-for-profit organisations. We work with trustees, boards and senior leadership teams to establish appropriate governance arrangements, address emerging issues and ensure that organisational structures continue to support the charity as it develops.

Whether you are reviewing your governing document, appointing new trustees, managing a conflict of interest or seeking to improve the relationship between trustees and senior management, our Charity & Philanthropy team can provide clear and pragmatic advice tailored to your organisation.

Our team can also support charities through periods of significant change, helping ensure that governance arrangements remain effective as organisations grow, restructure or develop new activities.

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Governance Legal Services for Charities and Non-Profit Organisations

Our Charity & Philanthropy lawyers advise on:

  • Governance Reviews
  • Governing Documents and Constitutional Matters
  • Trustee Duties and Responsibilities
  • Business Board and Trustee Structures
  • Trustee Appointments and Removals
  • Trustee and Board Succession Planning
  • Decision-Making and Delegated Authority
  • Conflicts of Interest
  • Trustee Benefits and Payments
  • Meetings, Resolutions and Record Keeping
  • Membership Rights and Governance Issues
  • Governance of Trading Subsidiaries
  • Group Governance Structures
  • Governance Disputes and Difficulties
  • Trustee and Board Training

Why Instruct DTM Legal?

Charity governance requires more than simply having the correct documents in place. Effective governance arrangements should reflect how an organisation operates in practice and provide trustees with the framework they need to make informed decisions, manage risk and provide appropriate oversight.

Our Charity & Philanthropy practice is led by Alison Brennan, a Partner in DTM Legal’s Corporate and Commercial team. Her experience across both charity governance and commercial matters enables us to understand the wider operational considerations that influence trustee decision-making.

We take the time to understand your organisation, including its charitable purposes, legal structure, activities and future objectives, before providing practical advice tailored to its circumstances.

Where governance issues extend into other areas of law, we work collaboratively with specialists across DTM Legal, including our Corporate and Commercial, Employment and HR, Dispute Resolution and Commercial Property teams.

We provide:

  • Clear and practical governance advice
  • Support tailored to charities and not-for-profit organisations
  • Advice on trustee duties and responsibilities
  • Assistance with governing documents and constitutional matters
  • Support with board structures and decision-making processes
  • Advice on conflicts of interest and trustee benefits
  • Trustee and board training
  • A coordinated service drawing on expertise from across DTM Legal

Get in Touch

Whether you are reviewing your organisation’s governance arrangements, dealing with a specific trustee issue or seeking advice on your governing document, DTM Legal’s Charity & Philanthropy team can provide practical support tailored to your organisation.

Contact Alison and the Charity & Philanthropy team by calling 01244 354 800 or via email at alison.brennan@dtmlegal.com.

Key Contact
Head of Compliance and Service Delivery
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Key Considerations for Trustees and Leadership Teams

Providing clear information about your organisation and the governance issue you are seeking to address will help your solicitor understand the position and provide focused advice. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

View Key Considerations
DTM Legal
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Charity & Philanthropy Team

Alison Brennan

Head of Compliance and Service Delivery
Richard Thomas

Head of Business Recovery

Frequently Asked Questions

Commonly asked questions relating to the Governance of non-profit organisations.

There is no single review timetable that will be appropriate for every organisation. However, trustees should consider governance regularly and review arrangements when the organisation undergoes significant changes.

A review may be particularly appropriate following rapid growth, changes to senior leadership, the development of new activities, changes to the trustee board or where the governing document no longer reflects how the organisation operates. The Charity Commission also recommends reviewing governing documents from time to time to ensure they continue to meet the charity’s needs.

Many charities have the power to delegate certain decisions to staff, individual trustees or committees. The extent of that authority will depend on the charity’s governing document and the nature of the decision.

Where decisions are delegated, the trustee board remains responsible and accountable for decisions made under its authority. Charities should therefore have clear delegation arrangements setting out what can be decided, any limits on that authority and how decisions should be reported back to trustees.

 

A potential conflict should be identified and declared as early as possible. The trustees should then follow the organisation’s governing document and any relevant conflicts policy to determine how it should be managed.

Depending on the circumstances, the affected trustee may need to withdraw from discussions and decision-making. The conflict and the steps taken to manage it should also be appropriately recorded. More serious or complex conflicts may require specific legal advice or regulatory involvement.

In many circumstances, yes. However, the process and approvals required depend on the charity’s legal structure, the terms of the existing governing document and the nature of the proposed amendment.

Some changes can be approved internally by following the correct procedure, while others may require member approval or authority from the Charity Commission. Changes affecting matters such as charitable purposes can be subject to additional requirements, so it is important to establish the correct process before agreeing amendments.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Anonymous
01/10/2023
The DTM Legal LLP are one of our charity’s most valued legal skill donors. We can rely 100% on DTM Legal’s support. They are always quick to respond and very efficient and thorough in their work. They set out the parameters to which they are able to offer pro bono support and have a personable approach, which puts the charities at ease, during what can be stressful situations.
Dianne Parrish
26/05/2026
Alison and her colleagues at DTM Legal have provided legal support and peace of mind for a wide range of organisations consistently over many years. Expertise, solutions and guidance delivered promptly with clarity.
Anonymous
01/10/2023
Our initial key contact has been such a pleasure to work with, Alison Brennan. Alison always responds to email requests promptly and, wherever possible, will offer to help either directly, if the skills request is within her area of expertise, or she will facilitate support from her colleagues in other departments, within the DTM Legal practice. Our charities are always very happy with Alison, Kate and their respective teams’ support.

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