I am often asked how such matters should be dealt with. There is no specific Charity Commission guidance but, in my experience, every board I’ve dealt with have handled matters in the same way and if you think about things, it's a matter of common sense.

When recording minutes of trustee meetings, it is essential to start with the understanding that all such minutes are confidential. Charity Boards often include members of the Charity’s Senior Leadership Team (SLT), and the content of these minutes should not be shared outside the Board without specific permission, and certainly not outside the charity.

However, there are times when boards must address sensitive matters that should not be widely circulated. Examples of these might include:

• Information about an employee’s illness or personal circumstances affecting their work:
• Delicate negotiations concerning leases or property purchases:
• Politically sensitive matters both internal and external:
• Payroll reviews, especially those involving the SLT etc

It is the Chair's responsibility to recognise when such sensitive issues arise. They should clearly indicate that the item is confidential and must not be shared outside the meeting. If the organisation does not have a standing order for handling confidential information (and most charities do), the Chair should decide how the matter should be documented. Typically, this involves creating a separate minute that is not circulated and is stored securely, with access restricted to authorised individuals.

Despite the need for confidentiality, it is crucial to maintain a record of discussions and decisions to ensure transparency. No decisions should be made without proper documentation, creating an audit trail of what was discussed. While informal discussions about confidential matters may occur, any decisions resulting in changes must be recorded, including any dissenting opinions, to ensure there is a permanent record in the event of a dispute.