Independence Requirements

What Does Independent Mean in Practice?

The word "independent" is central to independent examination. But what does it actually mean in practice? Here is what the Charity Commission requires.

The Short Answer

In the context of charity independent examination, "independent" means the examiner must have no personal or professional connection to your charity that could affect their objectivity. They must be free from any influence that might compromise their ability to give an unbiased opinion on your accounts.

The Charity Commission takes independence seriously because the whole point of independent examination is to have an external person check your accounts. If the examiner is not truly independent, that assurance is worthless.

What the Charity Commission Says About Independence

According to Charity Commission guidance (CC22), the examiner must be independent in both appearance and fact. This means two things:

Independence in Fact

The examiner must actually be free from any influence or connection that could affect their judgement.

Independence in Appearance

A reasonable person looking at the situation should conclude the examiner is independent.

Both aspects matter. Even if an examiner genuinely feels independent, if it looks like they are not, the public trust in the examination process is undermined.

Who Cannot Act as an Independent Examiner?

The Charity Commission sets out specific people who cannot carry out an independent examination:

Trustees

No trustee of the charity can act as examiner. This includes anyone on the board or committee that manages the charity.

Employees

Anyone employed by the charity, whether paid or volunteer, cannot act as examiner.

Connected Persons

The examiner cannot be a spouse, partner, or close family member of a trustee or employee of the charity.

Business Partners

Anyone in a business partnership with a trustee or senior employee cannot act as examiner if the partnership is material.

Debtors or Creditors

If the examiner owes money to the charity or is owed money by the charity, this creates a conflict of interest.

Other Situations That Could Compromise Independence

Beyond the clear-cut cases above, there are other situations that might call independence into question:

Providing other services to the charity (such as bookkeeping or management advice)
Having a significant business relationship with the charity
Having a personal relationship with someone involved in the charity
Depending on the charity for a significant portion of income
Having a financial interest in the charity's outcomes

Important: Even if one of these situations applies, it does not automatically disqualify someone from being an examiner. The key question is whether a reasonable person would consider the examiner's independence compromised.

How to Ensure Your Examiner is Independent

Here is what trustees should do to ensure the independent examination is genuinely independent:

1. Ask About Connections

Before appointing an examiner, ask them to confirm they have no connection to your charity. A good examiner will proactively disclose anything that might be perceived as a conflict.

2. Get a Written Independence Statement

The examiner's report should include a clear statement about their independence. If it does not, ask why.

3. Rotate Examiners Periodically

Good practice suggests changing your examiner every few years. This reduces the risk of relationships developing that could compromise independence.

4. Do Not Use the Same Person for Accounts and Examination

If possible, have different people prepare the accounts and carry out the examination. This provides better separation and reassurance.

What If There is a Question About Independence?

If you are unsure whether someone can act as an independent examiner, consider the following:

Be cautious: When in doubt, assume a connection compromises independence. It is better to find another examiner than to have an examination challenged.
Seek advice: If you are unsure, contact the Charity Commission or a specialist charity accountant for guidance.
Document your decision: If you decide someone is independent despite a potential connection, document your reasoning.

In Summary

  • "Independent" means the examiner must be free from any connection that could affect their objectivity
  • Trustees, employees, and their family members cannot act as examiner
  • Independence must exist in both fact and appearance
  • Other relationships might also compromise independence, depending on circumstances
  • Always check independence before appointing an examiner
  • When in doubt, seek advice or find a different examiner

Need an Independent Examiner?

Our specialist charity accountants are fully independent and meet all Charity Commission requirements. Contact us to arrange your independent examination.