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The result of judicial review proceedings, brought by Independent Schools Council (ISC) against the Charity Commission published today, will come as a relief to many charities struggling with the concept of demonstrating public benefit which was required by the Charity Commission’s guidance.
The ISC claimed that the guidance contained important errors of law, particularly regarding the definition of “public benefit”. Independent schools - as well as care homes - were required to show that they are offering a public benefit as a condition of charitable status. However, there was confusion about what public benefit means and the ISC wanted clarification.
The Tribunal has backed the ISC. Among other matters, the Tribunal has rejected the idea that a charity’s failure to meet the Commission’s views on public benefit should lead to the removal of charitable status. As a practical matter, this ruling should enable care operators to cut down on several of the disclosures that were required in the accounts, annual return and on websites – once the Commission reissues its guidance. We will be discussing the implications of the ruling for care operators in the forthcoming issue of DBRIEF.
Please click here to read the judgment.
Please click here to read our latest Care Brief
For further information, please contact Andrew Crawford
