zahida Hussain
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How can a charity Board of a Foundation CIO remove a trustee? (Anonymous post 🤫)
Ocean King Staff Senior Community Executive at CharityConnect Posted 2 days ago
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This question is from a member of our community that wishes to remain anonymous:
There doesn’t seem to be an explicit power in the Foundation CIO Constitution, the Charity Commission template, for trustees to be removed by other trustees unless they die, are deemed medically incapable or fail to turn up to meetings for >6 months.
For Association CIOs, there is the option and process to remove Members after a hearing, and with an Association CIO, trustees have to be Members. For Foundation CIOs, there’s nothing explicit in the Constitution template.
Obviously, the trustees would want an absolutely fair and comprehensive process to act to remove one of their own, but the Constitution doesn’t seem to have any provision to do, and I wonder therefore such removal might be challengeable in Court.
Ideally, a request for a trustee to retire/stand down would be the best option, but if refused, what’s the legally-sound mechanism?
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