Consultation opens on new Charity Commission powers to tackle extremism

On 14 October, the government announced its long-awaited consultation on proposals to extend the Charity Commission's powers to tackle extremism. 

The consultation, which includes draft legislation, is seeking views on two proposals. 

Expanding automatic disqualification from charity leadership

The first is to extend the list of offences which lead to automatic disqualification from acting as a charity trustee or senior manager. 

Under section 178 of the Charities Act 2011, there are several existing triggers for automatic disqualification. These include where a person is bankrupt, sanctioned, or has been removed from a charity by the Commission for misconduct or mismanagement following a statutory inquiry - but also where a person has been convicted of certain offences. Currently these are limited to serious offences such as terrorism, money laundering and bribery. 

The government's proposal is to add a range of hate-related offences - such as those involving stirring up racial or religious hatred, or hatred on the grounds of sexual orientation - as well as national security offences and offences relating to supplying false or misleading information to the Commission. The proposal would apply retrospectively, meaning trustees already in post with relevant convictions would become automatically disqualified, subject to a six-month grace period during which they could apply to the Commission for an exemption to allow them to remain in post.

Broader discretionary disqualification powers

The second proposal is to extend the Commission's discretionary powers under section 181A of the Charities Act 2011 to disqualify individuals from being charity trustees. Under the proposals, the Commission would have the power to decide to disqualify individuals who engage in conduct or express views which either (a) promote or encourage violence or racial or religious hatred, or (b) would be reasonably likely to promote or encourage violence or racial or religious hatred. The discretionary powers would also be extended to individuals who have been formally deprived of British citizenship or excluded from the UK. 

Unlike automatic disqualification, where a conviction is required, an individual's behaviour does not need to meet the criminal threshold for the Commission to use its discretionary disqualification powers. The Commission would still need to satisfy the other limbs of the test for the use of the power, namely that the person is unfit to be a trustee, and that making the order is desirable in the public interest in order to protect public trust and confidence in charities. 

What the proposals could mean for the sector

When the Department for Digital, Culture, Media, and Sport (DCMS) announced in April 2026 that it intended to consult on new powers for the Commission, it led to some within the sector to express concerns that this might contribute to the suppression of advocacy, campaigning and community engagement. 

In the consultation paper, the government has therefore sought to reassure charities that the proposed powers are necessary and proportionate, subject to existing safeguards, and not intended to interfere with lawful campaigning or free speech.

The proposals represent a significant expansion in the disqualification regime, and introduce a new definition of extremism – “the promotion or encouragement of violence or racial or religious hatred” – that the Commission will need to apply in often fiercely contested circumstances. The consultation is likely to generate widespread interest.

How to respond to the consultation

The Consultation is open for 10 weeks until 23 December 2026. The Government is encouraging charities, trustees, sector bodies and members of the public to respond via https://www.gov.uk/government/consultations/consultation-on-the-extension-of-the-charity-commissions-powers-to-tackle-extremism.