The High Court has ordered the leader of a cancer charity to personally pay more than £117,000 to local cancer causes after what it and the Charity Commission found were “significant misuse of funds” and “an abuse of the trust placed in him by the many donors to the charity”.
The Frank Wingett Cancer Relief charity
The Frank Wingett Cancer Relief charity was set up in memory of the boss’ father, Frank Wingett, following his diagnosis with throat cancer in the 1980s. Its aim was to purchase equipment and provide resources for cancer patients in Wrexham and the surrounding areas.
The charity made its last payment to the local Health Board in 2011. Despite the charity running a shop in one of Wrexham’s hospitals, no donations were made to it. Rather, the charity invested £410,000 of its earnings into a project to build a 210ft sculpture of a dragon in the area.
The sculpture, which it was hoped would become a tourist attraction to rival the Angel of the North, was never built.
Investigation
The Charity Commission launched a formal investigation in 2017 which led to the leader of the charity being banned from acting as trustee of any charity for 10 years. At the time the Charity Commission was highly critical of the charity saying that the dragon project had no connection whatsoever to the charity’s aim which was to help those in the area suffering from cancer.
The High Court has now gone further and noted that now the ruling would ensure that the charitable proceeds raised will be directed to the benefit of those in the local community that they were originally intended to help.
Comment
This case serves to highlight the importance of ensuring that a charity’s activities remain focused on its charitable aims and objectives. Should they not, then only will the charity face potential penalties but so too can its leadership and trustees personally.
How Nelsons can help
Craig Staten-Spencer is a Legal Director and Trust Manager in our expert Court of Protection team.
For further information on the topics discussed in this article or any related subjects, please contact either Craig or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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