Trustees lose control of under-investigation heritage charity

A regulator has taken control of Brighton heritage charity from its trustees while an investigation continues into alleged misconduct and a disputed will.

The Charity Commission has appointed an interim manager to secure property belonging to the Brighton and Hove Heritage Commission, which has fallen into disarray since the death of its founder Roger Amerena in 2024.

This follows the charity being put under statutory inquiry last July, at which point its bank accounts were also frozen.

There have been numerous disputes between parties claiming to be trustees of the charity since Mr Amerena’s death. No trustees are currently listed on the Charity Commission’s website.

Allegations have also been made over the contents of his will and how the estate is divided, which Brighton and Hove News understands includes the charity’s headquarters Montpelier Hall in Montpelier Terrace.

In October 2023, police were called to the charity’s annual general meeting at West Blatchington Windmill.

The statutory inquiry is to investigate “concerns about whether the charity’s governing document is fit for purpose and whether any failings or weaknesses identified in the administration of the charity are a result of misconduct and/or mismanagement by its trustees.”

The interim manager is charity law specialist Pippa Garland of law firm Russell Cooke LLP. The Charity Commission has asked her to:

• take any steps immediately necessary to secure the property of the charity including taking control of and managing all assets of the charity.
• administer the charity until such time as there are validly appointed trustees.
• after the governing document of the charity is amended by the Commission by a scheme under section 79 Charities Act 2011, confirm the charity’s membership, then hold a general meeting at which a new board of trustees is appointed.
• report progress to the commission on a regular basis as agreed, and in compliance with the Charities (Receiver and Manager) Regulations 1992.
• discharge such other related general functions as the commission may reasonably request.

The inquiry into the charity remains ongoing. A report should be published once it is complete.

When it was first announced, the commission said: “There has been an escalating dispute between individuals involved in the charity, including over the administration of the charity and the handling of the potential legacy due to the charity.

“The commission identified that the charity’s governing document contains irreconcilable and contradictory provisions as to how trustees are appointed.

“The regulator has encouraged parties to the dispute to work together to apply to the commission for a scheme to amend the governing document and then follow the agreed process for appointing valid trustees to take forward the management of the charity.

“However, mediation has not taken place and various attempts by parties to the dispute to seek solutions have failed.

“During the course of the commission’s engagement, one party to the dispute also raised new, additional allegations about the potential misappropriation of funds.

“The commission’s inquiry will now examine whether the trustees are complying with their legal duties and responsibilities in respect of the administration, governance and management of the charity in particular with regard to whether the governing document is fit for purpose whether any failings or weaknesses identified in the administration of the charity are a result of misconduct and/or mismanagement by its trustees.”