Briefing Paper: Strategic Risk Management & Regulatory Governance for Public and Third Sector Leaders


Prepared for: Executive Teams & Board Members

Executive summary

The challenge – public and third sector leaders face a triple squeeze: rising regulatory scrutiny, shrinking resources, and eroding public trust. Governance failures now carry existential risks—from legal censure to mission collapse.

The opportunity – proactive risk management is not just about compliance—it is a strategic lever to protect reputation, unlock funding, and future-proof delivery.

This paper provides:

  • A practical framework to align governance with mission-critical priorities.
  • Targeted actions for short- and mid-term resilience.
  • Key questions to audit leadership capability and resourcing.

Governance is your strategic priority

The stakes have changed – “Governance failures cost more than fines—they cost public confidence. And once lost, it takes years to rebuild.” —National Audit Office (2023)

Regulatory pressures demanding immediate attention:

RegulatorCritical Focus Areas
Charity CommissionFinancial stewardship, safeguarding protocols, trustee accountability.
CQC/NMC/GMCWorkforce wellbeing, leadership oversight, equitable service delivery.
ICOAI-driven decision risks, data breach response times, transparency demands.

Failure to act = operational vulnerability, legal exposure, and donor/funder distrust.

A leadership framework: From compliance to competitive advantage

Short-Term (0–12 Months): Mitigate and Fortify

  • Conduct a Regulatory Gap Audit
    • Map risks to mission (e.g., safeguarding gaps, outdated EDI policies, ICO compliance).
    • Toolkit Suggestion: Use the ICO’s AI Governance Checklist (2023) for tech-related risks.
  • Board-Level Risk Appetite Review
    • Does your leadership team understand the legal and ethical trade-offs in your strategy?
  • Policy Simplification
    • Replace jargon-heavy documents with clear escalation protocols staff actually use.

Mid-Term (1–3 Years): Embed & Innovate

  • Integrate Risk into Strategic Planning
    • Example: A London NHS Trust tied governance upgrades to funding eligibility, securing £2M in grants.
  • Culture Overhaul
    • Train leaders to spot silent risks (e.g., burnout-driven errors, whistleblower fears).
  • Talent Pipeline
    • Upskill teams in regulatory forecasting (not just compliance).

Resourcing: Smart investments for high impact

Executives often ask: “Do we need a risk officer or just a better dashboard?” There’s no one-size-fits-all—but resource decisions must be grounded in your organisation’s risk profile, complexity, and impact.



Key Questions:


Capacity – Do we have in-house legal/regulatory insight, or do we rely on reactive support?


Systems – Are our audit/compliance systems integrated with delivery functions—or siloed and underused?


Confidence – Can our leaders read, interpret, and act on risk data with confidence?

Options to consider:
Shared services: Pooled risk officers for smaller charities (e.g. NCVO’s Collaborative Governance Pilot).
Targeted partnerships: External counsel for high-stakes areas (e.g. AI procurement, workforce restructuring).

Leadership skills audit


Effective governance requires emotional intelligence and ethical reflexes as much as technical know-how. It requires three competencies:
Technical (e.g., interpreting ICO guidance).
Strategic (e.g., balancing risk vs. innovation).
Emotional (e.g., fostering psychological safety for whistleblowers).

Competency AreaCurrent ConfidenceGaps IdentifiedAction Required
Legal & Regulatory Literacy
Ethical Risk Judgement
Psychological Safety Practices
Data & AI Governance
EDI Compliance & Insight

→ Use the checklist below to self-assess:
Can we explain our risk appetite to funders in one page?
Do staff trust internal reporting mechanisms?
Are board papers pre-empting risks—or just reacting?

Conclusion: Governance as a catalyst

“In turbulence, the best leaders don’t hide—they use governance as a compass.”
—NCVO (2022)

Good governance is not about avoiding risk—it is about navigating it with purpose, intelligence, and integrity. For charities and public bodies facing high-stakes decisions with limited resources, this shift is essential.

  • Prioritise one short-term action (e.g. policy review).
  • Schedule a board skills audit within 90 days.
  • Contact King Advisory for sector-specific support (e.g. health sector regulatory mapping, trustee training).

References

Charity Commission (2024) – Updated Guidance on Trustee Duties and Risk
Equality and Human Rights Commission – Public Sector Equality Duty Guidance (2023)
ICO – AI and Data Protection Toolkit for the Public Sector (2023)
National Audit Office (2023) – Principles of Effective Governance for Public Sector Leaders


NCVO – Governance Roundtable: Leadership in Uncertainty (2022)

Leave a comment

Create a website or blog at WordPress.com

Up ↑