Actresses Penelope Keith and Sian Phillips have won a hard-earned apology from England’s charity watchdog, which admitted to mishandling the £40 million Actors’ Needy Fund case.
The pair, who were ousted from the Actors Benefit Fund (ABF) board along with other members two years ago in an illegal coup by rival directors, had accused the Charity Commission of mismanaging the charity.
The coup set off a series of high-profile altercations and expensive legal actions involving some of the best-known stars of British television, film and stage.
The commission is seeking to bring to an end a “tumultuous” period for the charity, whose members elected a new board earlier this year, and on Friday finally ended a long-running compliance case against ABF.
While Mr Phillips, 91, welcomed the charity’s new start, he accused the watchdog of “trying to sweep the issues under the rug” and said he was “unseen” that he and others would take the matter to the Parliamentary Ombudsman.
The whole affair has been a huge embarrassment for the regulator, with Keith, Phillips and other prominent former trustees accusing it of abusing its power, endorsing breaches of company law and using “PR talk” to cover up its mistakes.
The committee formally apologised to former directors on Friday for its handling of the incident but just two weeks earlier, in a letter to Mr Keith, the committee had said it did not believe a formal apology was “appropriate” “given the wider circumstances”.
The committee maintains it has always acted to find practical solutions to complex situations but has struggled to counter criticism of its actions from a group of wealthy, determined and well-connected former directors backed by expensive legal opinions.
The ABF, which is patronised by King Charles and whose past chairs include Sir Laurence Olivier and Sir John Gielgud, runs a hardship fund for struggling actors and theatre staff in England and Wales and paid out £900,000 in grants to recipients in 2022, according to its latest accounts.
Mr Phillips said: “The commission has once again demonstrated its inability to tell the truth. Instead, its error-riddled statement refuses to fully reflect serious flaws in its process and understanding of the law and seeks to sweep the matter under the rug.”
“The Commission should, by definition, always act fairly and impartially. But in our case, the Commission believed a one-sided and false narrative and used it to cover up its own failings. Our group of excluded trustees, through incredible hard work and good fortune – funding and public recognition – were able to challenge this regulator and return the charity to safer hands for its beneficiaries.”
Helen Arner, the Commission’s director of regulatory services, said: “This has been a difficult time for all involved and we understand that some remain frustrated. We have learnt lessons from this case and are already using them in our handling of other cases where the appointment of receivers is contested.”
She added: “We also apologise for not including all past and present trustees in the proceedings at an earlier stage. This was a legitimate challenge to our approach but did not have a material impact on the overall outcome.”
“Following a difficult and damaging dispute that has siphoned energy and resources away from the charity’s beneficiaries, ABF members elected a board that recognises the need to bring an end to a period of turmoil,” the committee said in a statement.
The new committee includes actor Simon Callow (Four Weddings and a Funeral), Leslie Joseph (Birds of a Feather) and lawyer and TV presenter Rob Rinder. The committee is co-chaired by Alex McQueen, star of political comedy The Thick of It, and performer and writer Hannah Whittingham.
An ABF spokesman said the closure of the case was a “very positive step” for the charity, adding: “The committee is fully satisfied that all of the issues raised have been dealt with by ABF and that the new board, elected in January, is focused on prioritizing the best interests of the charity and its beneficiaries.”
