What is governance and why does it matter?

Governance is the internal structures and processes an organisation puts in place to ensure accountability, transparency, and compliance. Good governance allows organisations to focus on achieving their purposes and goals; it provides the sustainable backbone for operations and tools for resolving any issues which might arise.

Good governance usually underpins compliance with regulatory and legal obligations and is often a requirement of sector regulators. Poor governance can often be the entry point for regulatory investigations, which bring risks of financial or reputational damage.

If you want your organisation to continue to flourish and grow, robust governance is a fundamental part of this.

We believe that each organisation is unique, with its own challenges, dynamics and processes. Understanding this - against the backdrop of wider good governance - is essential in ensuring we can help your organisation operate efficiently, robustly and compliantly.

Key Contacts

How we can help you navigate your way to good governance

We provide a wide range of governance advice to public bodies, statutory bodies, third sector and regulated entities, and are widely recognised as the market-leader in developing and implementing innovative governance models for the delivery of public services, a major growth area within the public sector.

With a track record in developing new governance models which is second-to-none in Scotland, we routinely work with some truly pioneering clients and provide them with innovative and creative advice to help them work within (or help create) new regulatory environments.

We can work with you to navigate new regulation, or new challenges in your industry and business, and can take your business to the next level by exploring new approaches, on a foundation of robust governance.

One of the most effective ways to identify next steps in managing your governance is to undertake a governance review.

What is a governance review?

A review is going back to basics by examining the internal structures and external requirements to establish: what should we be doing, and how can be do this? Often it takes a crisis or seismic change in regulation or industry before businesses turn to their policies and procedures. In an ever more closely scrutinised and regulated environment, it is important that organisations are proactive, as well as reactive in managing compliance. It includes looking at policies and procedures; good governance is how an organisation robustly implements its statutory obligations and translating requirements into compliant practice.

Different mechanics are required to service the needs of the industry, and meet the sector specific regulator’s expectations.

Why should I consider a governance review?

Issues around good governance have become much more prevalent in recent years. As we emerge from Covid, it is an area in which we are seeing an increase in organisations seeking to ensure that they have their ‘house in order’. Practical policies and procedures are the responsibility of board members, and it is critical to the success of the business.

1. Governance compliance

We recognise that good governance is there to support business reach their goals, and adopt a tailored, commercial approach to governance structures and compliance.  Achieving effective governance needs a holistic review to ensure it can be implemented in practice, and meets the organisation’s aims.

2. Governance interventions

Across all sectors there is increased scrutiny and focus on good governance be regulators.  Intervention by a regulator can be costly and challenging matter; it is important to manage this engagement from the outset, and also to deal with critical related matters such as reputation management.  Our team provides crisis response, managing specialist lawyers in each of our offices across Scotland to support client’s emergent needs, whether that be an urgent compliance issue or concerns from a regulator.

Advising a global professional regulatory body on interpretation of internal rules and guidance, within the wider and complex legislative framework.

Advising a national charity on governance issues arising following an inquiry into the conduct of the charity by the Office of the Scottish Charity Regulator.

Carrying out an extensive review of governance arrangements for a large Scottish charity which formed part of a larger European group of companies. This included commenting on, and re-drafting the complex governance documents.

Work Highlights

Secondment to the regulatory and investigations team at global body on governance and management of complaints.

Advising public body on governance in the context of an exercise of a new statutory power, and provided specialist training in relation to maladministration and service failure.

Advising a national statutory body on high profile and politically sensitive matters relating to governance issues in the sector and complaints, including information requests. 

Specialist advice on the interpretation of legislation and guidance, relating to the decision of a board of trustees, including government advice, communications with Scottish Government, public affairs advice and reputation management. 

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