The Charity Commission has published a report today which concludes that Mermaids, a charity that supports transgender youth, was not governed to the “standards it expects” over a period of several years.
The regulator cited the charity’s failure to ensure its governance, culture and practices progressed alongside its growing size, demand for its services, and rising public profile, as a “major factor” that contributed to wider governance failings.
In September 2022, the commission opened a regulatory compliance case into the charity, after complaints were made by members of the public and reported in the media.
Specific concerns were raised around the chest-binding services and online support offered by the charity to young people, as well as alleged ties between Mermaids’ now former chief executive Susie Green and the Tavistock and Portland NHS Foundation Trust.
Compliance case escalated to statutory inquiry
The commission examined issues that fell within its remit, namely the trustees’ compliance with their duties and charity law.
By November 2022, the commission had escalated its compliance case to a statutory inquiry, after findings of an equality, diversity and inclusion (EDI) review commissioned by Mermaids had highlighted multiple areas of concern relating to the charity’s culture, operational management and processes.
The commission’s report notes that Mermaids has addressed these concerns with an action plan and given the regulator evidence of this alongside additional steps that were recommended in a separate, wider external review of the charity’s governance.
As part of the inquiry, the commission met with representatives from the charity on multiple occasions to inspect Mermaids’ records and obtain further information and documents. It also interviewed the charity’s trustees, senior staff members and former CEO.
Additionally, the commission reviewed the charity’s compliance log and sample calls, emails and web chats with users that took place between 2020 and 2023.
Numerous findings of mismanagement
The inquiry report mentions findings of mismanagement, including around trustees failing to address internal issues concerning the charity’s culture and inclusivity; carry out sufficient due diligence checks when recruiting trustees, which resulted in the recruitment of someone the charity said should “never have been appointed”; and adhere to the charity’s own internal human resources policies when it came to the supervision of the former CEO.
The inquiry also found that the purpose of the information about puberty blockers published on the charity's website was unclear.
By law, charities must ensure that information provided on an educational basis is accurate, evidence-based and balanced. The inquiry provided statutory advice to the charity on this matter, which the trustees have since acted upon, according to the commission.
Not all concerns first raised upheld by commission
Ultimately, the commission did not uphold all concerns raised about the charity.
Its inquiry found no evidence that the charity provided medical advice; made medical referrals for young people without a parent or carer’s approval; held inappropriate influence or links to GIDS and the Tavistock and Portman NHS Foundation Trust or to private medical practices, or failed to have suitable safeguarding policies in place.
Orlando Fraser, chair of the Charity Commission, said: “The provision of services to children affected by gender identity issues is a highly challenging area that requires great care and sensitivity.
“This is especially so for charities, given the authority that registered status will likely carry with children and their families.
“We have carefully scrutinised Mermaids’ activities through a statutory inquiry and have found mismanagement in a number of areas. Mermaids cooperated with our investigation and has been actively addressing the various concerns raised.”
Mermaids ‘relieved’ by outcome
Mermaids’ chair of trustees Kathryn Downs said: “We’re relieved that the Charity Commission Inquiry which began nearly two years ago is finally over. The report states, as we anticipated, that there’s no finding of misconduct at Mermaids.
“The commission has also confirmed, as we have repeatedly asserted, that we have not provided medical advice or acted improperly in our work with children, young people and their families.
“We can now look forward and concentrate all our efforts and energies on providing high-quality support and empowering advocacy for trans children and young people and the important people in their lives.
“The trustees accepted that governance didn’t keep pace with the charity’s rapid growth linked to rising support needs from trans young people and their families.
“These historic governance issues were addressed through the implementation of the recommendations of two independent reviews, proactively commissioned by our trustees, into EDI and governance. The board also strengthened due diligence processes for trustee recruitment.”
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