The Charity Commission is “assessing further concerns” after police were called to a heritage charity’s annual general meeting amid an ongoing governance row.

The regulator has an ongoing regulatory compliance case open into the Brighton & Hove Heritage Commission but is assessing further concerns following police attendance at its AGM, which a former trustee and lawyers have described as “invalid”. 

Sussex Police confirmed officers attended the charity’s AGM on 6 October at Blatchington Windmill, Hove.

“Police received a report of a man causing problems at that location and on attending found this was in relation to membership and a civil matter,” police said. 

“A man left with no issues and no crimes were committed.”

The BHHC’s acting chair, Mike Davies, told Third Sector that police were called “due to gate-crashing non-members”, including former trustee Laura King. 

King has challenged the removal of her trusteeship and membership, alleging that she had been forced out of the charity, which works to protect the cultural and natural heritage of the area. 

But Davies said King was no longer associated with the charity and said she “continues to impersonate being an officer and attacks the charity and the trustees relentlessly”. 

An email from the Charity Commission addressed to BHHC’s trustees, seen by Third Sector, shows the regulator will not intervene in King’s removal from the board.

It said: “It appears that in the trustees' view, activities conducted by Ms King have resulted in a risk to the charity’s assets and reputation, and for this reason you decided to remove her as a trustee. This appears to be within your remit as trustees to take this action.”

Third Sector understands that concerns were raised with the commission amid an ongoing governance dispute at the charity, which had an income of £25,300 in the year to the end of July last year. 

The rift began after Roger Amerena, the charity’s founder and former chair, died in July from motor neurone disease, leaving an estate worth up to £4m to the charity, King told Third Sector.

Montpellier Hall, Brighton, was left to the charity to be used as a heritage centre and permanent headquarters, according to King.

She alleged trustees were planning to sell Montpellier Hall against Amerena’s wishes and that trustees were revoking people’s memberships.

Davies declined to comment on the claims relating to Montpellier Hall due to confidentiality reasons.

He said: “Ms King has so far raised many complaints to the Charity Commission, each one refuted and easily proven entirely baseless to the satisfaction of the Charity Commission,” he said. 

Third Sector has been told that at least 31 members have signed a petition calling for a vote of no confidence in the BHHC’s trustees.

A number of members have also complained to the Charity Commission about the charity’s governance. 

Documents seen by Third Sector show the complaints include allegations of a “power grab” by the current board, the denial of memberships and concerns relating to the way the “invalid” AGM was conducted.

Before the AGM took place, Katerina Capras, a lawyer from Harbottle & Lewis who was acting on behalf of charity member Erica Partridge, wrote to the charity warning that the meeting was not validly called and that the invite did not abide by BHHC’s constitution.

In the letter, seen by Third Sector, Capras said the AGM invitation did not specify a date on which it was sent, meaning there was “no evidence that the AGM was called with 21 days’ notice”.

She said there was no agenda included in the invite, there was no form included that would allow members to nominate members for election and that it did not refer to the requirement that a third of the charity’s existing trustees must retire at the AGM.

“Accordingly, the October meeting has not been validly called as an annual general meeting of the charity and should not take place as the charity’s annual general meeting for this year,” the letter said.

King said: “Mr Davies chose to ignore this legal warning and a pantomime of an invalid AGM, ensued where not even the minutes were signed off, further invalidating the meeting.”

But Davies told Third Sector the AGM was successful.

He said the board made a call for new trustees in late July but no candidates resulted.

“Three trustees had retired during the year, fulfilling any rotation requirements. There were no new trustees to appoint,” he said.

The Charity Commission said it already had an ongoing compliance case into the charity, but was “assessing further concerns raised after the charity’s AGM” to determine if there was a role for the regulator. 

A spokesperson for the regulator said: “The commission is aware of concerns raised regarding the Brighton & Hove Heritage Commission. 

“As part of an ongoing compliance case, the commission provided regulatory advice to the trustees including on the dispute, the charity’s governing document, and handling a large legacy. 

“The commission is aware of and is assessing further concerns raised after the charity’s AGM on 6 October 2024 to determine what, if any, role there is for the commission.”