After the complaint submitted to the Cochrane Board in November was passed back to the Editor in Chief in December, I decided to send it also to the Charity Commission.
The reasons for serious complaint are listed here https://www.gov.uk/complain-about-charity
If a charity is, for example:
- not doing what it claims to do
- losing lots of money
- harming people
- being used for personal profit or gain
- involved in illegal activity
The grounds for my complaint about Cochrane was that the charity is not doing what it says it does, and it is harming people. In this case, people with ME.
In their response of 16 January outlining their approach to complaints, they say
“We also intervene in matters where there is serious risk of significant harm to, or abuse of, charities, their beneficiaries and/or assets (including reputation)”.
By 11 April my complaint had been subtly re-interpreted by a senior case worker as
“allegations of poor governance, concerns regarding a potential conflict of interest and potential reputational damage and or damage to public trust and confidence”
This led to their decision
“ …to keep the information you have provided on the charity’s records. This means that we will reassess this matter should further information come to light (emphasis mine) but are not engaging with the charity now.”
They said they will use the information
“…to highlight particular areas of concern to the public and to drive improvements across the charity sector….to identify issues or threats of harm to the sector as a whole” [emphasis mine].
I responded on 15 May to explain that my complaint related to harm done to the beneficiaries of the charity, as laid out in their own reasons to make a serious complaint.
On 16 May I received a response re-iterating that the information I provided would be used to drive improvements to the charity sector as a whole rather than investigate harm done to beneficiaries.
I then asked for advice on where to go next with my complaint, and received the following
“We advise that if you wish to continue this complaint you should pursue the charity further, or contact a professional for some legal advice.”
There is another avenue which occurred to me. My complaint is now on Cochrane’s record, so the Charity Commission might look at it again “should further information come to light”. This further information could be submitted by others – ie. readers of this blog. This is the link to the complaints form https://forms.charitycommission.gov.uk/raising-concerns/
When I submitted the complaint in December, I attached the original complaint I had sent to the Cochrane Board as a pdf, so the procedure was not too onerous. However, they might take more notice if a complaint contained more explicit references or examples of where this review has not fulfilled Cochrane’s remit of providing trustworthy information and has harmed beneficiaries.
I have posted the full correspondence with the Charity Commission below – their emails are in italic. I have had responses from four different individuals, but have removed their names.
17 December 2018
Subject: Charity Commission Form Submission
We acknowledge receipt of your enquiry. A response will be issued providing your enquiry falls within our regulatory remit. Please do not send us a paper version unless we have specifically requested this.
Thank you for your co-operation.
16 January 2019
Dear Ms Suthers,
THE COCHRANE COLLABORATION – 1045921
I refer to your e-mail in which you raise concerns about the above charity. I apologise for the delay in responding; we are currently experiencing high volumes of work.
The Commission’s Approach to Complaints
We are the independent regulator of charities in England and Wales. Our job is to ensure that charities are accountable, well-run and meet their legal obligations. We do this by providing regulatory advice and guidance. We also intervene in matters where there is serious risk of significant harm to, or abuse of, charities, their beneficiaries and/or assets (including reputation).
When someone raises concerns with us about a charity, we assess the information on a case-by-case basis to decide what steps to take. When making our decisions, we consider the issue, the risk involved to the charity, its beneficiaries and/or assets and the likely impact of our involvement. We only take action where, on the basis of risk, it is proportionate to do so.
Your concerns
We will look at the information you have provided. If we identify issues of regulatory concern, we will take them forward with the trustees of the charity. Please note:
- We will only contact you again if we need further information from you.
- We do not provide updates on cases or details of the outcome.
- Sometimes no action is taken but we will keep a record of your concerns on file.
Thank you for telling us about your concerns.
Yours sincerely
Regulatory Compliance
9 April 2019
Hi there
Please could you let me know if you have decided to take action or not? If you haven’t decided, please could you give me an idea of when this might happen?
I have had some correspondence with a representative of the charity relating to the complaint since I made it which I can share if it would be helpful.
With best wishes
Caroline Struthers
10 April 2019
Dear Caroline Struthers
Thank you for your email.
If you have further information regarding your complaint about The Cochrane Collaboration, please send it to: …
Yours sincerely
10 April 2019
Dear
I have attached two sets of email correspondence
- With Mark Wilson about the reasons for my decision to pass the complaint to the Charity Commission
- With the Cochrane Co-chairs responding to the letter to me from Editor in Chief David Tovey sent on 6 January
I have also documented the complaint and responses in a blog https://healthycontrolblog.wordpress.com/2019/02/18/response-to-cochrane/
With best wishes
Caroline Struthers
11 April 2019
Dear Ms Struthers,
Thank you for your email dated 10 April 2019 in which you raised concerns about The Cochrane Collaboration, registered charity number 1045921.
Thank you for taking the time to notify the Charity Commission of your concerns relating to allegations of poor governance, concerns regarding a potential conflict of interest and potential reputational damage and or damage to public trust and confidence.
Your concerns have been assessed by a senior case worker. We have decided to keep the information you have provided on the charity’s records. This means that we will reassess this matter should further information come to light but are not engaging with the charity now.
I would also like to reassure you that the information you have provided will be used by the Commission to highlight particular areas of concern to the public and to drive improvements across the charity sector. We review all matters of concern that come into the organisation on a regular basis to inform our regulatory work and to identify issues or threats of harm to the sector as a whole. From time to time, we may also issue a regulatory alert to the sector based on our analysis of the risks and issues coming into the organisation.
At the Charity Commission we want to ensure that charity can thrive and inspire trust, so once again I appreciate the time you have taken to contact us.
Yours Sincerely,
Risk Assessment Unit
15 May 2019
Dear
Thank you for your response. My complaint was that the charity does not do what it says it does – provide trustworthy unbiased information for its main beneficiaries – patients and the public. In this case it has put its beneficiaries at risk of harm. The potential damage to its reputation is well deserved and is not my concern. My concern is the damage done directly to patients the public because of the charity’s incompetence. I have written to them again recently and have attached the latest correspondence. It demonstrates that it puts the reputation of the organisation above the safety of its beneficiaries.
Best wishes
Caroline Struthers
16 May 2019
Dear Ms Struthers,
Thank you for your email dated 15th May.
We appreciate that, where we decide not to pursue a matter further, this will often come as a disappointment.
Based on our assessment of the nature and level of risk relating to the concerns you brought to our attention, we have decided to keep the information you have provided on the charity’s records. This means that we will reassess this matter should further information come to light but are not engaging with the charity now.
Once again I would like to reassure you that the information you have provided will be used by the Commission to highlight particular areas of concern to the public and to drive improvements across the charity sector. We review all matters of concern that come into the organisation on a regular basis to inform our regulatory work and to identify issues or threats of harm to the sector as a whole.
At the Charity Commission we want to ensure that charity can thrive and inspire trust, so once again I appreciate the time you have taken to contact us.
Yours sincerely,
Charity Commission RAU Team
16 May 2019
Dear
Thanks for your reply. I am not disappointed. I hadn’t realised the Charity Commission were concerned with risk and improvements to the charity sector as a whole rather than investigating risk to beneficiaries from the way specific charities conduct themselves. I’d be grateful for advice on where to go next. The Ombudsman?
Thanks for considering my complaint
Best wishes
Caroline
17 May 2019
Dear Ms Struthers,
Thank you for your email.
We advise that if you wish to continue this complaint you should pursue the charity further, or contact a professional for some legal advice.
I trust that this information will be of use to you.
Yours sincerely,
Charity Commission RAU Team