New powers to bar trustees over hate and extremism: what the Government's consultation proposes

2 November 2026

governance
trustees
charity-commission
consultation
compliance Date

The Government has opened a consultation on giving the Charity Commission wider powers to disqualify people from running charities where they are linked to hate offences or promote violence or hatred. It closes at 5pm on 23 December 2026. The proposals matter to every faith charity, of every tradition, because they change who can serve as a trustee or senior manager — and because sector bodies have raised real concerns about how they could be applied. This article sets out what is proposed, the arguments on both sides, and the practical steps worth taking now. It is general information, not legal advice.

What is being proposed

The consultation, published by the Department for Culture, Media and Sport on 14 October 2026, would extend the Commission's existing disqualification powers in two ways:

Automatic disqualification for specified hate-related offences. People convicted of certain hate-related offences would be automatically disqualified from acting as a charity trustee or senior manager. This extends rules that already apply to people convicted of terrorism and other serious offences.
A new discretionary power. The Commission would be able to disqualify someone where there is evidence that they have promoted violence, or racial or religious hatred.

The Government says the discretionary power is not intended to capture "mere offence or unpleasantness", or to prevent legitimate debate or speakers. Draft regulations — the Charities Act 2011 (Amendment) (Trustee Disqualification) Regulations 2026 — have been published alongside the consultation.

What it does not propose

Some reports have described this consultation as giving the Commission power to close charities. The consultation documents do not propose that. Wider government plans earlier in 2026 did float stronger powers to suspend trustees and shut down organisations, but this consultation is about disqualifying individuals. It is worth keeping the two apart.

Why the Government says it is needed

The Government's case is that a small number of people have used charities to promote hatred, and that the regulator's tools have not kept pace. Since October 2023, the Commission says it has opened more than 400 cases examining potential wrongdoing in charities in the context of the conflict in the Middle East, and made more than 80 referrals to the police. Its chief executive has said there is "no place in the charity sector for the promotion of violence or racial or religious hatred".

What the sector is worried about

Sector bodies broadly support keeping hatred out of charities, but have asked for care in how the powers are drawn:

NCVO has said any extension must be "carefully targeted, clearly defined, and subject to robust safeguards" so it cannot be used to restrict legitimate charitable activity.
An open letter in April 2026, signed by 18 organisations including faith-based and minority-led charities such as the Muslim Charities Forum and Quakers in Britain, warned that broader powers could be applied in ways that mischaracterise legitimate civil society activity, including campaigning.

For faith charities, the concern most often raised is about definitions and consistency: how "promoting hatred" would be judged, how it would be applied fairly across all faiths and none, and what rights of challenge a trustee would have.

What this means for faith charities

Whatever the final rules, the direction is clear: regulators expect trustees to take reputational and conduct risk seriously. Good governance now will stand you in good stead.

Read the proposals and consider responding. The consultation is open to anyone. Denominational bodies, umbrella groups and individual charities all have a voice — especially on how the powers should treat legitimate religious teaching, debate and campaigning. Respond online through the consultation page on GOV.UK, or by email to charitylaw@dcms.gov.uk.
Refresh your trustee eligibility checks. Ask every trustee and senior manager to sign an annual declaration that they are not disqualified, and keep it on file. Repeat it when someone joins.
Review your speaker and events policy. Who invites speakers, what checks are made, and how you would respond if a concern were raised. Apply the same standard to every speaker, of every view.
Look at your online presence. Posts on your charity's social media — and, increasingly, trustees' public posts connected to the charity — can create risk. A short social media policy helps.
Know when to report. If something goes wrong, trustees must consider whether it is a serious incident to report to the Commission.

In summary

This is a consultation, not yet law. It proposes new grounds to disqualify trustees and senior managers — not new powers to close charities — and it closes at 5pm on 23 December 2026. It is a good moment to check your governance and, if you have a view on how the rules should work for faith communities, to make it heard.