Making a Serious Incident Report: FAQs

What is a ‘serious incident’?

A serious incident is an adverse event, whether actual or alleged, which results in or risks significant:

•       harm to your pupils, staff, volunteers or others who come into contact with the school through its work

•       loss of money or assets

•       damage to property

•       harm to your work or reputation

‘Significant’ means significant in the context of your school, taking account of your staff, operations, finances and/or reputation.

What are some examples of incidents which should be reported to the Charity Commission?

A Serious Incident Report should always be made where the level of harm to the victims and/or the likely damage to the reputation of or public trust in the school is particularly high, for example incident relating to:

•       safeguarding

•       fraud, cyber-crime and money laundering

•       theft or other significant financial loss

•       links to terrorism or extremism

•       a disqualified person acting as a trustee

•       major governance issues

•       data breaches or loss

For example, a Serious Incident Report must be made where there has been an allegation of sexual assault against a member of staff or a trustee, or a staff computer is found to contain images of child pornography. Schools may receive donations from anonymous sources or third parties with unusual instructions. The school should make a Serious Incident Report if there is reason to suspect that the school is being used to facilitate money laundering or to dispose of the proceeds of crime. These are just examples, and there are many other scenarios which will call for a Serious Incident Report to be made.

Who should make a Serious Incident Report?

The responsibility for making a Serious Incident Report rests with your school’s trustees. In practice, this may be delegated to someone else within the school. However, you should ensure that decisions are reported back to the trustees, particularly where making a report was considered, but it was ultimately decided not to make one. This is because even if the responsibility is delegated, all trustees ultimately bear responsibility for ensuring a Serious Incident Report is made in a timely manner.

What should be reported?

The Charity Commission has an online form which will guide you through the information to be provided. We can support you with completing this form.   

Can we choose not to make a Serious Incident Report?

Yes – after applying your judgement you can consider that an incident does not require a Serious Incident Report to be made. However, this decision-making process should be thorough and documented, and ultimately any incident which meets the definition of a ‘serious incident’ must be reported.

If you decide not to make a report and the Charity Commission later becomes involved, you will need to be able to explain and rationalise why you decided not to report it.

What is the role of the Charity Commission?

The role of the Charity Commission is to ensure the trustees are handling the incident appropriately and taking steps where necessary to prevent further harm.

It cannot prosecute but may refer concerns to the police, for example.

What will the Charity Commission do once a Serious Incident Report is made?

The Charity Commission will consider any risks and how the incident is being dealt with. Prior to deciding an outcome, the Charity Commission may request additional information. It could decide that the school needs regulatory advice and guidance, or require the school to provide future updates.

Practical steps

Serious incidents tend to arise during a time of crisis. We often find that during these times of crises, it can be more challenging to ensure that all necessary steps have been taken, particularly when they involve external bodies.

If you school experiences a crisis or incident, seek legal advice at an early stage – it is more efficient to guide a school through next steps at an early stage, than attempting to resolve issues where necessary steps have not been taken in a timely manner.

Please get in touch if you require further information.