OSCR’s regulatory role

OSCR’s role is to make sure that charities comply with the requirements of Scottish charity law and that charity trustees run charities in line with their legal duties.

In the context of safeguarding, our focus is to make sure that charity trustees deal appropriately with any alleged safeguarding concerns affecting their charity. We look to see that charity trustees take steps to protect vulnerable beneficiaries from harm and minimise the risk of abuse.

OSCR is not responsible for dealing with incidents of actual abuse and does not oversee safeguarding legislation. Where incidents of abuse are alleged, it’s the role of the police to investigate whether a criminal offence may have been committed. We can and do refer any concerns we have to the Crown Office and Procurator Fiscal Service or other relevant agencies. We will give the highest priority to any case where there is a live risk of harm.

When we receive a concern about a charity we assess it in line with our Inquiry Policy. The policy sets out the matters that OSCR can and can’t deal with and explains how we assess concerns to decide if we can take them forward.

Beyond safeguarding

Making sure vulnerable beneficiaries are safe and secure is fundamental to many of Scotland’s charities. Those set up to support vulnerable beneficiaries often go further than just protection, they create an environment in which individuals have the potential to flourish. 

While this guidance concentrates on working with vulnerable beneficiaries, there are wider issues that all charity trustees need to think about: Creating a culture in their charity that allows all those that work, volunteer and benefit from their activities to do so in a safe and secure environment.