Jo Harvey-Barringer, currently residing in Sussex, was the Chief Executive Officer and a director of Broken Rainbow LGBT Domestic Violence Service (UK) Limited (Broken Rainbow).
Broken Rainbow was incorporated in January 2004 to provide a telephone helpline service to members of the LGBT community who had experienced domestic violence, initially in London but also from premises in Manchester (from 2015).
The charity had various funding streams but relied heavily on funding provided by the Home Office. Home Office funding was not guaranteed and was often delayed causing cash flow issues.
At the start of 2016, following further delays in Home Office funding and a review of the charity’s financial stability it became apparent that payments had not been maintained to HMRC in respect of the charity’s PAYE debt.
In addition, charity Trustees had serious concerns over how it could continue to deliver its services and sought advice from an Insolvency Practitioner.
Following this, the charity was placed into creditors voluntary liquidation on 5 July 2016.
Between December 2014 and May 2016, payments amounting to £143,671 were made to Jo Harvey- Barringer, at a time when only £3,490 was paid in respect of the PAYE liability incurred during that period. This included a single payment of £12,500 made to her on 08 April 2016.
Anthea Simpson, a Chief Investigator with the Investigation and Enforcement Services, of the Insolvency Service said,
This ban should serve as a warning to other directors, particularly to those operating in the charity sector, that Company directors have a duty to ensure businesses meet their legal obligations, including paying taxes.
Deliberate neglect of tax affairs whilst paying others is not a victimless action as it deprives the taxpayer of the funds needed to operate public services and if they put their own needs before them they could be investigated by the Insolvency Service and lose the privilege of limited liability trading.
On 6 June 2018, the Secretary of State accepted a disqualification undertaking from Jo Harvey-Barringer, after she admitted failing to make payments to HMRC, while continuing to make payments to herself and other creditors.
Her ban is effective from 27 June 2018 and lasts for 3.5 years and means that for the duration of the ban, she cannot directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company or limited liability partnership.
Notes to editors
Jo Harvey-Barringer, currently resides in Hove, Sussex and her date of birth is July 1968.
Broken Rainbow LGBT Domestic Violence Service (UK) (company registration number: 05009850) was placed into creditors voluntary liquidation on 5 July 2016.
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 administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency deals with disqualification of directors in corporate failures, 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.
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Link: Press release: Directorship ban for charity CEO
Source: Gov Press Releases
