Day: February 12, 2018

The Charity Commission, the independent regulator of charities in England and Wales, has today, 12 February, opened a statutory inquiry into the charity Oxfam (registered charity number 202918). It comes after the Commission examined documents sent today by Oxfam regarding allegations of misconduct by staff involved in its humanitarian response in Haiti. The Commission has concerns that Oxfam may not have fully and frankly disclosed material details about the allegations at the time in 2011, its handling of the incidents since, and the impact that these have both had on public trust and confidence.

Further details about the scope of the inquiry will be made public in the coming days. The opening of the inquiry is in line with the regulator’s duty to promote public trust and confidence in charities. The Commission will ensure the inquiry’s findings are put on the public record and will also ensure the actions the Commission required of Oxfam in 2017 on its safeguarding culture and practices are properly and fully carried out.

It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were. Reports of previous inquiries by the Commission are available on GOV.UK.

David Holdsworth, Deputy Chief Executive of the Charity Commission said:

Charities and dedicated, hard-working aid workers undertake vital, lifesaving work in some of the most difficult circumstances across the world. However, the issues revealed in recent days are shocking and unacceptable. It is important that we take this urgent step to ensure that these matters can be dealt with fully and robustly.

Future steps

The Commission’s Chief Executive, Helen Stephenson met today with the Secretary of State for International Development. They both agreed that charities need to do more to ensure high standards of safeguarding and set the right culture and tone at the top and are committed to ensuring that this is the case. We are pleased to announce, with DFID, that we will be calling in key international aid charities to a summit on safeguarding as soon as possible in the coming weeks, paving the way for a significant conference.

It is vital that trustees set a culture within their charity that prioritises safeguarding so that it is safe for those affected to come forward and report incidents and concerns with the assurance they will be handled sensitively and properly by charities. Full and frank disclosure to the regulator and the relevant authorities, nationally and internationally, is also key. Everybody has the right to be safe, and the public rightly expects charities to be safe and trusted places for all who they come into contact with.

The summit and conference follow on from the alert the Commission issued to charities in December 2017. This alert made clear that any previously unreported serious incidents should be submitted to the Commission as a matter of urgency. It also reminded charities to review their safeguarding practices and procedures if they had not done so in the last 12 months. The Commission will ensure that charities respond to this alert appropriately.

Ends

Notes to editors

1. For the Commission’s response to concerns about Oxfam on 10 February see GOV.UK.
2. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see the about us page on GOV.UK.
3. Search for charities on our check charity tool.
4. Section 46 of the Charities Act 2011 gives the commission the power to institute inquiries. The opening of an inquiry gives the commission access to a range of investigative, protective and remedial legal powers.

Mr Mundell will meet senior political and business figures, to promote Scotland as a great place for investment, business and study.

Mr Mundell said:

Scotland has long established connections with Hong Kong and Japan and I am looking forward to building on those ties and forming new partnerships as I meet a variety of stakeholders throughout this trip – from businesses and opinion formers to Scottish students abroad.

I am particularly keen to promote the UK Government’s GREAT Festival of Innovation taking place in Hong Kong in March offering the latest thinking on innovation across industry, society and community, building life-long partnerships.

I will also be promoting Scottish produce, such as Scottish craft gin which has been a global success story, and is extremely popular in Japan, and meeting with the Japanese investors in Scotland.

Scotland’s skills, products and services are highly regarded globally, and we can build on that as we leave the EU and strike ambitious new trade deals around the world.

In Hong Kong, Mr Mundell will meet Scottish companies seeking to develop business interests in Hong Kong and the region, Scottish students studying at the Chinese University of Hong Kong, as well as meeting winners of the annual UK Government’s Hong Kong FinTech Awards.

In Japan he will meet with life sciences investors, host a roundtable with Japanese MPs on LGBT issues, and meet with senior Government ministers.

A statement from International Development Secretary Penny Mordaunt:

“This morning I met with Mark Goldring, Chief Executive of Oxfam, and Caroline Thomson, Oxfam Chair of Trustees.

“Oxfam made a full and unqualified apology – to me, and to the people of Britain and Haiti – for the appalling behaviour of some of their staff in Haiti in 2011, and for the wider failings of their organisation’s response to it.

“They spoke of the deep sense of disgrace and shame that they and their organisation feel about what has happened, and set out the actions they will now take to put things right and prevent such horrific abuses happening in future. They did not inform the Department for International Development at the time that this case involved sexual misconduct or beneficiaries.

“Oxfam assured me they are cooperating fully with the authorities in Haiti and will do so in any other country where abuse has been exposed. Because the perpetrators in Haiti were not British nationals, Oxfam has – at my request – also today committed to immediately provide full details of those involved to the governments of their home countries, so that appropriate legal processes can be taken forward.

“But assurances are not enough so I have asked them to confirm to DFID by the end of the week precisely how they will handle any forthcoming allegations around safeguarding – historic or live – in a way in which the public can have confidence. We expect this process to include an independent and external element of scrutiny.

“I told Oxfam they must now demonstrate the moral leadership necessary to address this scandal, rebuild the trust of the British public, their staff and the people they aim to help, and deliver progress on these assurances. It is on the basis of their actions going forward – rather than of their commitments in one meeting today – that I and others will judge them. I was clear that part of an organisation’s moral leadership comes from individuals taking responsibility for their actions.

“I have today also met with the Chief Executive of the Charity Commission for England and Wales, Helen Stephenson, who informed me that the Commission urgently requested full and frank disclosure of what happened in 2011 from Oxfam and they are considering their next regulatory steps.

“But the Charity Commission and I agree that it is not only Oxfam that must improve and reach the high standards of safeguarding we require. Right across the charitable sector, organisations need to show leadership, examine their systems, ensure they have clear whistleblowing policies and deal with historical allegations with confidence and trust.

“My absolute priority is to keep the world’s poorest and most vulnerable people safe from harm. In the 21st century, it is utterly despicable that sexual exploitation and abuse continues to exist in the aid sector.

“I am determined that we do our utmost to prevent exploitation and abuse happening – and ensure that where it does happen it is identified and dealt with appropriately. We cannot wait for others to act – the UK must show leadership ourselves and that is why today I am taking action.

“At their best, UK charities do extraordinary work around the world, saving and transforming lives. It is vital now that the whole sector steps up and demonstrates the leadership that the public expects.

“Firstly, I have issued a letter to all UK charities working overseas – including Oxfam – to demand that they step up and do more, so that we have absolute assurance that the moral leadership, the systems, the culture and the transparency that are needed to fully protect vulnerable people are in place, all of the time, and wherever these charities work and with whichever partners they work with. I have also requested that they confirm they have referred any and all concerns they may have on specific safeguarding cases and individuals to the relevant authorities. In requesting this, we are using Charity Commission guidance and will continue to work closely with them. We will shortly commence a similar exercise with our non-UK partners. If anyone has specific allegations, I urge them to contact our Counter Fraud and Whistleblowing Unit.

“Secondly, my department has today created a new unit to urgently review safeguarding across all parts of the aid sector to ensure everything is being done to protect people from harm, including sexual exploitation and abuse.

“This unit will be wide-ranging and comprehensive in its remit, looking at safeguarding across UK and international charities, suppliers, and the UN and multilateral organisations so that together we can make progress. This will look at how to guard against criminal and predatory individuals being re-employed by charities and abusing again, including the option of establishing a global register of development workers.

“I will bring in independent experts to advise myself and this unit on this work. This builds on the changes we have made to introduce tough sanctions for human rights abuses including sexual exploitation for all new contracts with suppliers and new training for DFID staff to identify and respond to any concerns. I have asked for a meeting with the NCA, the Foreign Office, the Ministry of Defence and others to discuss how to make further progress.

“Thirdly, I am going to step up our work to tackle sexual exploitation and abuse across the UN and other international organisations. Already, the UK is working with the UN Secretary-General Guterres to stop abuses under the UN flag and we have introduced specific clauses in our funding agreements with a number of UN agencies to take every action possible to prevent all forms of sexual exploitation and abuse and take robust and prompt action in response to any allegations.

“Fourthly, the Charity Commission and DFID will co-host a safeguarding summit before the end of the month with the aid sector and alongside UK counterparts, where we will agree a set of actions to strengthen safeguarding processes and mechanisms, including around staffing and recruitment, paving the way for a series of events throughout the year. We will also work with the Commission to provide technical assistance and support to other nations that wish to improve the standard and regulations of safeguarding.

“Lastly, I will take this tough message to the international community – and call for action from them. Later this week I will make a speech in Stockholm and firmly demand that all donors and development organisations show leadership and take action alongside the UK.

“Whatever the complications and pressures organisations face, the people we are here to serve must be the number one priority. I remain very clear: we will not work with any organisation that does not live up to the high standards on safeguarding and protection that we require.”

The new guidance is based on recently published expert advice and will ensure the most vulnerable people get the best available protection next season.

From the clinical evidence available to GP practices and community pharmacists from the Joint Committee on Vaccination and Immunisation (JCVI) and the Green book since October it is clear that people aged 18 to 64 and at risk should get the quadrivalent vaccine which provides protection against 2 strains of influenza A and 2 strains of influenza B for the 2018 to 2019 winter season.

This will mean that pregnant women and other people in risk groups such as those with asthma and chronic obstructive pulmonary disease (COPD) will receive the quadrivalent vaccine protecting them against four strains of flu. Children, who are considered ‘super-spreaders’ and are generally more susceptible to flu B, will continue to receive the nasal spray quadrivalent vaccine.

Meanwhile, people aged 65 and over will be offered the newly-licensed adjuvanted trivalent vaccine, an enhanced form of the vaccine given to this age group in 2017 to 2018, which is designed to boost an immune response improving the effectiveness of the vaccine in this older age group. This was not available for the 2017 to 2018 season.

Given the evidence, use of these more effective vaccines in the 2018 to 2019 season is clearly in the best interests of patients, particularly given the association of flu with increased mortality.

The letter sent from NHS England and Public Health England (PHE) advises GPs and community pharmacy contractors to review all orders for the 2018 to 2019 season and ensure these are in line with suppliers who have extended the deadline for orders until the end of March.

It is estimated that flu causes around 8,000 deaths people each year. For the week ending 14 January 2018, there were a 289 reported intensive care admissions due to flu thought to be the peak of this year’s season. However, figures show over one and a half million more people got their free vaccination this year compared to last.

Dr Arvind Madan, GP and NHS England Director of Primary Care, said:

Flu can have serious health implications, particularly for the most vulnerable people, as well as having a significant impact on NHS services.

The evidence is clear so the NHS is going further to advise gold standard protection is provided. Importantly, the public ineligible groups can also play their part by getting their free vaccination again next year.

Professor Paul Cosford, PHE Medical Director said:

Vaccination is one of the best public health interventions we have available to us, saving thousands of lives every year. We already have one of the best flu vaccination programmes in the world and making these vaccines available next season should offer greater protection than ever before. We urge everyone eligible to take up the offer of flu vaccination.

Suppliers have also confirmed that there will be enough adjuvanted trivalent vaccine and quadrivalent influenza vaccine to meet demand. If GP practices and pharmacists encounter difficulties in placing or amending orders they have been advised to contact their local NHS England team.

Background

For further information please contact the NHS England media team on nhsengland.media@nhs.net or 01138 250958 / 01138 250959.

• The adjuvanted trivalent vaccine (aTIV) for all 65s and over. Given aTIV was only licensed for use in the UK in August 2017, long after orders were placed, this was not an option for the 2017 to 2018 season. However, the JCVI has now provided its advice given the receipt of its UK license
• The quadrivalent vaccine (QIV) for 18 years to under 65s at risk. In light of an independent cost-effectiveness study into QIV undertaken by PHE and considered by JCVI, the Green Book was updated in October 2017 to provide the advice that QIV is the best option for 18 to 65 at-risk groups in 2018 to 2019

About NHS England

NHS England leads the National Health Service in England – setting the priorities and direction, encouraging and informing the national debate to improve health and care.

The NHS in England deals with over 1 million patients every 36 hours and employs more than 1.5 million people, putting it in the top 5 of the world’s largest workforces. NHS England shares out more than £100 billion in funds and holds organisations to account for spending this money effectively for patients and efficiently for the taxpayer. It strongly believes in health and high quality care for all, now and for future generations.

This follows an investigation by the Insolvency Service, which found representations were made to family and friends to get money, which was used for online spread betting and to fund his lifestyle.

Mr Patel entered into a 11 year bankruptcy restrictions’ undertaking on 18 December 2017, by the restrictions set out in insolvency law that a bankrupt is subject to until they are discharged from bankruptcy (normally 12 months) until 2028.

Between 2013 and 2017, Mr Patel made false representations to family and friends to obtain loan funds of £390,000, saying that the funds were to be used as a venture investment. He used £238,451 of these funds to finance online spread betting, with the majority of the remaining funds being used to fund Mr Patel’s lifestyle. Mr Patel’s actions directly resulted in him becoming insolvent with total liabilities of £403,753.

Mr Patel was declared bankrupt on 26 July 2017 with a deficiency of £386,238. Mr Patel was interviewed at the Official Receiver’s office at which time he stated that around December 2012 he began online spread betting and initially used his savings to fund this. However once his money ran out he obtained funds from family and friends and used the money he received to continue gambling.

The loans were covered by formal agreements which stated that Mr Patel would hold the investment funds for the duration of 12 months during which time the investor would not be able to withdraw the capital invested.

Mr Patel advised family and friends that the funds were to be used as a venture investment but he was in fact using the funds to finance his online spread betting and, from June 2015 onwards, to fund his living expenses with a very small amount being used to repay a couple of the lenders.

In January 2017 when all the money had been exhausted he ceased gambling and sought advice regarding his financial situation following which in July 2017 he made his own application for bankruptcy.

Commenting on the bankruptcy restriction, Gerard O’Hare, an Official Receiver at the Insolvency Service said:

Where a bankrupt has taken undue risks with creditors’ money, he should not expect to do so without repercussions, particularly when others suffer financial loss as a result.

A bankruptcy restriction in these circumstances will serve to provide creditors with a degree of protection, and it will also act as a deterrent to the bankrupt not to act in a similar manner in the future.

Notes to editors

Mr Shared Dayaram Patel is of Leicester and his date of birth is January 1966. The Bankruptcy Order was made on his own petition

If the Official Receiver considers that the conduct of a bankrupt has been dishonest or blameworthy in some other way, he (or she) will report the facts to court and ask for a Bankruptcy Restrictions Order (BRO) to be made. The court will consider this report and any other evidence put before it, and will decide whether it should make a BRO. If it does, the bankrupt will be subject to certain restrictions for the period stated in the order. This can be from 2 to 15 years.

The bankrupt may instead agree to a Bankruptcy Restrictions Undertaking (BRU) which has the same effect as an order, but will mean that the matter does not go to court.

These are restrictions set out in insolvency law that the bankrupt is subject to until they are discharged from bankruptcy – normally 12 months and include that bankrupts:

• must disclose their status to a credit provider if they wish to get credit of more than £500;
• who carry on business in a different name from the name in which they were made bankrupt, they must disclose to those they wish to do business with the name (or trading style) under which they were made bankrupt;
• may not act as the director of a company nor take part in its promotion, formation or management unless they have a court’s permission to do so;
• may not act as an insolvency practitioner, or as the receiver or manager of the property of a company on behalf of debenture holders;

Additionally, a person subject to a Bankruptcy Restrictions Order/Undertaking or a Debt Relief Restrictions Order/Undertaking,

• may not be a Member of Parliament in England or Wales.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Contact Press Office

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

You can also follow the Insolvency Service on:

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The disqualification order was granted at Perth Sheriff Court following an investigation by the Insolvency Service. The disqualification commenced on 20 December 2017 and is effective until 20 December 2024.

Mr McFarlane’s ban relates to his selling off company assets for his own benefit whilst creditors were left unpaid.
Gilmour McFarlane (29) was the sole director of Garden Haulage Limited. From 2009 the company hired out plant and machinery in addition to labour and carried out contractual work, primarily for farms. The company went into liquidation on 28 August 2015 with an estimated deficiency to its creditors of £38,670.

The investigation by the Insolvency Service found that at a time when the company was insolvent, Gilmour McFarlane caused it to dispose of plant and machinery to a third party for a sum of £55,000 plus VAT while on the same day Gilmour McFarlane settled a personally guaranteed loan to that party. This transaction was to the detriment of HMRC and other creditors of the company.

The investigation also found that for the period from at least 1 September 2014 to 28 August 2015,Gilmour McFarlane failed to preserve or deliver up adequate accounting records for Garden Haulage Limited as a consequence of which it has not been possible to establish the true financial position of the company, how other assets were dealt with and whether all sums due to the company were collected in.

Robert Clarke, Group Leader of Insolvent Investigations North at the Insolvency Service said:

The period of this disqualification reflects the fact that when a company fails to keep adequate financial records it is simply not possible to determine whether there has been other, more serious, impropriety in relation to the management of its affairs.

Furthermore, directors who put their own personal financial interests above those of customers and creditors damage confidence in doing business and are corrosive to the health of the local economy.

Notes to editors

Gilmour McFarlane’s date of birth is April 1988.

Gilmour McFarlane was appointed as director of Garden Haulage Limited (company number SC364384) on 21 August 2009 and remained a director throughout the company’s trading. Garden Haulage Limited had a registered office of 66 Tay Street, Perth, PH2 8RP.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

• act as a director of a company
• take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
• be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Contact Press Office

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

You can also follow the Insolvency Service on:

• Twitter
• LinkedIn
• YouTube

Highways England has announced plans to fund three new unmarked HGV cabs after a single one used by police forces across the country was used to help catch over 4,000 dangerous drivers in its first two years.

The three new cabs will patrol motorways and main trunk roads, and have been fitted with wide-angle cameras to capture unsafe driving behaviour. They also have a derestricted speed limiter which means they can travel at speeds up to the national speed limit, and flashing lights have been installed for use by police forces in an emergency.

The cabs allow police officers to film evidence of unsafe driving behaviour by pulling up alongside vehicles. Drivers are then pulled over by police cars following behind.

Richard Leonard, Highways England’s Head of Road Safety, said:

Highways England has been funding a single cab for the past couple of years and we’ve been impressed with the impact it’s had on improving safety. Over 4,000 dangerous drivers have been pulled over, with police action ranging from verbal warnings to prosecutions.

We’ve found that the vast majority of drivers are sensible behind the wheel but a few have got into bad habits, or are simply ignoring the law and putting themselves and others at risk.

We’ve therefore decided to fund two extra unmarked HGV cabs to continue to target dangerous driving on England’s motorways and major A roads, improving safety for everyone.

In total, 28 police forces have taken part in the HGV cab safety initiative since it began in April 2015, pulling over 4,176 drivers in relation to 5,039 offences in its first two years.

Nearly two thirds of the drivers who were stopped were illegally using a mobile phone while driving, despite the latest statistics showing that mobile phone use is a factor in an average of two deaths on the roads every month.

Offences have included a driver being pulled over by Devon and Cornwall Police who was found to have sent 10 replies to 10 texts within one hour; a driver in Surrey who was seen trying to put toothpaste on a toothbrush; and a driver in the East Midlands who was spotted steering with his knees while he ate his lunch and used his mobile phone.

The three new unmarked HGV cabs are being supplied as part of a three-year contract with Dawsonrentals, which will also be responsible for maintaining the vehicles.

Last year, the government doubled the penalty for drivers caught using their phones at the wheel. Motorists now receive 6 points on their licence and a £200 fine – up from the previous 3 points and £100 fine.

More details about the law on mobile phone use are available on this guidance page.

General enquiries

Members of the public should contact the Highways England customer contact centre on 0300 123 5000.

Media enquiries

Journalists should contact the Highways England press office on 0844 693 1448 and use the menu to speak to the most appropriate press officer.

The United Kingdom is concerned at developments over Israel’s border with Syria this weekend. We support Israel’s right to defend itself against any incursions into its territory.

We are concerned at the Iranian actions, which detract from efforts to get a genuine peace process underway.

We encourage Russia to use its influence to press the regime and its backers to avoid provocative actions and to support de-escalation in pursuit of a broader political settlement.

Further information

• Follow the Foreign Secretary on Twitter @BorisJohnson and Facebook
• Follow the Foreign Office on Twitter @foreignoffice and Facebook
• Follow the Foreign Office on Instagram, YouTube and LinkedIn