Recent discussion about the Charity Commission looking at churches’ online sermons has understandably caused concern, and churches may be wondering what the situation is and how to respond.
When might this arise and what the church trustees should expect?
Our experience is that the Charity Commission does not proactively monitor churches’ online sermons. Rather, where a complaint is made, the Commission may review the sermon complained about, consider whether there is substance to the concerns raised, and give trustees an opportunity to respond. The Commission may also ask how the content of sermons is agreed and how trustees respond to any complaints raised.
This may arise in a range of contexts, including where preachers teach on issues such as marriage, sexuality, family life, gender roles and other matters that may be considered sensitive or controversial in our culture. Where a church has a clear basis of faith and doctrinal statements on those issues in its governing document, this will usually help explain why the church teaches as it does.
Should churches registered with the Charity Commission deregister?
Some have suggested that churches concerned about the Charity Commission’s scrutiny should deregister as charities. We would not encourage this, as churches that meet the registration criteria are legally required to register with the Charity Commission and cannot opt out. In any event, deregistration does not avoid the Charity Commission’s oversight: as all churches are charities, even where a church is not individually registered, it remains subject to charity law and is regulated by the Charity Commission.
Why should churches take charity law seriously?
Christians are called to submit to the authorities under which God has placed us, except where the law conflicts with the fundamental teachings of Christianity. There is no such conflict in relation to charity law. In fact, the current legal requirements reflect things that churches should want to do as part of their witness for Christ. These include stewarding resources responsibly and being accountable to those who support them. It is therefore important to take compliance seriously. If the Charity Commission, or anyone else, raises concerns, it will be important to demonstrate that trustees have already given proper consideration to their legal responsibilities.
What should churches do now?
“In the same way, let your light shine before others, that they may see your good deeds and glorify your Father in heaven.” Matthew 5:16
The Charity Commission may receive a complaint about your church. This may be unfair, but rather than waiting until an issue arises, we encourage church trustees to be prepared. Then if you are subject to an investigation, you can be confident that your actions won’t bring the gospel into disrepute.
In particular, trustees should:
- Understand your responsibilities as charity trustees
- Review the church’s governing document to check whether it clearly sets out the basis of faith and doctrinal position on issues that may attract complaint
- Make sure appropriate policies are in place – you can find a compliance checklist here
As lawyers who share your faith, we’re here to support you
Edward Connor Solicitors is the only law firm in the UK whose lawyers are all evangelical Christians, and we are also a charity ourselves. Not only does that mean that we are not for profit, it means that we have a real understanding of your concerns and the issues you face. We know how important it is to be both biblically faithful and legally compliant and, as we only work for churches and Christian charities, we have the experience and knowledge to help you make good decisions that honour Christ, guard your witness, and navigate risks that might derail your ministry.
If you would like help with reviewing your governing document, have any questions about how to respond if the Charity Commission gets in touch or anything else, please contact us on 01858 411568 or at [email protected]
For more information on steps to take if the Charity Commission contacts a church, please see our article: How should you respond if the Charity Commission gets in touch?