The results of the Charity Commission's mandatory investigation into Brighton Mosque and Muslim Community Centre were released today.
The former trustees of the charity are criticised in the report for their inability to settle a significant disagreement that harmed the organization's management and governance.
The conflict started after a former trustee of the organisation was found guilty of inciting terrorism. The regulator intervened because the charity's capacity to stop further harm was in jeopardy due to the failure to resolve it.
The regulator observes that the charity's governance and management have improved as a result of the investigation, the efforts of a newly appointed board, and the work of an interim manager.
As part of its activities to advance Islam, the charity operates a mosque in Brighton, known locally as Dyke Road Mosque.
The inquiry was opened over a failure to resolve a dispute between the charity’s then trustees and a group claiming to have taken over as new trustees.
The Commission had initially begun engaging with the charity to assess concerns after a former trustee was charged by the police with encouraging terrorism, in a speech which he made at the charity’s premises in November 2020.
In response, the Commission issued an Official Warning to the charity after determining that the then-trustees knew, or ought to have known, of the risk posed by the former trustee. The warning set out that the trustees had failed to adequately safeguard the charity and its beneficiaries and required actions to be taken to prevent similar abuse in the future.
During this engagement, the Commission became aware of a serious dispute that risked undermining the charity’s governance. Specifically, the Commission was concerned that the dispute would impact on the charity’s ability to act on the Official Warning.
Additionally, the Commission was concerned that the charity’s procedures had not been followed in relation to the removal and appointment of trustees, and had serious concerns about the charity’s financial management.
After opening its inquiry, the Commission appointed an Interim Manager in place of the trustees to take immediate charge of the charity’s management and bank account, which included depositing donations totalling over £17,000 in cash.
The Commission found that both the former trustees, as well as the group claiming to have taken over as trustees, are responsible for misconduct and/or mismanagement.
In addition, the inquiry took steps to disqualify Dr Karim Aboutayab, one of the former trustees, who it found had been particularly culpable for a number of failings, including the failure to properly resolve the dispute within the charity.
The Interim Manager undertook an open recruitment exercise to identify new trustees, who were then formally appointed by the Commission using its power.
Joshua Farbridge, Head of Compliance Visits and Inspections at the Charity Commission, said, “Abusing a charity to encourage terrorism is a grave breach of public trust and we expect all trustees to take steps to ensure their charities cannot become safe havens for terrorist or extremist views.
“While the earlier criminal conviction was outside the scope of our inquiry, what occurred at Brighton Mosque and Muslim Community Centre demonstrates how serious disputes within a charity can not only severely impact its running and reputation, but leave a charity unprotected from the risk of exploitation by those with malign intentions.
“In this case, we acted robustly to address the issues and get the charity back on track – disqualifying a former trustee, safeguarding the charity’s assets, and establishing a stable and effective governance structure.”