PRESS RELEASE : Charity Commission disqualifies former trustees, William Bortrick and Mark Ayre, of genealogy charity and recovers £113,000 [September 2024]

The press release issued by the Charity Commission on 5 September 2024.

The Charity Commission has disqualified two former trustees of Burke’s Peerage Foundation as part of its statutory inquiry into the charity, which has today concluded with the publication of an official report.

The charity was registered in 2014 with aims to promote education in genealogy and personal heritage. It was removed from the charity register on 2 August 2023 as it ceased to operate.

Matters under investigation

The Commission launched its inquiry in February 2022, after identifying serious concerns during a separate inquiry into The Mahfouz Foundation, which had links with Burke’s Peerage Foundation.

The inquiry was opened to determine the extent to which the trustees were complying with their legal duties in the way they administered and managed the charity, including compliance with legal obligations around the preparation and filing of annual accounts and annual returns.

Findings of the inquiry

In its inquiry report, the Commission concludes that William Bortrick and Mark Ayre were responsible for misconduct and / or mismanagement. The regulator has concluded that that they failed to manage conflicts of interest, misapplied charity funds, received unauthorised personal benefit and failed to submit accurate annual returns to the regulator.

The inquiry found that the trustees had purchased items that did not further the charity’s purposes, including antique furniture, paintings and statues. In one instance, a desk and bookcase were bought for £16,000 using the charity’s funds and were then kept and used at Mr Bortrick’s home.

The inquiry found the charity paid for services that benefited a company linked to both of the trustees. For example, it paid for insurance which would cover legal fees to protect the name of Burke’s Peerage – a guide to the genealogy and heraldry of historical families which is owned by a private company belonging to one of the trustees.

Regulatory action

As a result of the Commission’s interventions:

• on 16 February 2024, Mr Bortrick and Mr Ayre were disqualified from being trustees or senior managers at any charity for 12 years
• as part of its inquiry, the Commission recovered £113,000 of misapplied charitable funds from the trustees
• the charity was removed from the register on 2 August 2023 and its remaining funds (£121,455) were passed to another charity which will use the monies in line with the objects of Burke’s Peerage Foundation

Angela Ascroft, Critical Case Lead at the Charity Commission, said:

“This report sets out very serious findings.

Throughout the inquiry, Mr Bortrick and Mr Ayre provided contradictory statements and proved to be unreliable witnesses. They also failed in their most basic duty to act in the charity’s best interests and are responsible for serious misconduct and / or mismanagement.

The Commission’s intervention means that, whilst disqualified, they can no longer be trustees or senior managers in charities. Our intervention also ensured that misapplied funds of more than £100,000 have been repaid and transferred to another charity.

The inquiry report, published on GOV.UK, sets out the Commission’s full findings and conclusions.