changes to Charity Commission public benefit guidance
The Charity Commission has withdrawn various
parts of its guidance on public benefit and has produced interim
advice for charity trustees.
Following an appeal by the Independent Schools
Council against the Charity Commission's guidance on public benefit
(as it relates to fee paying charities), the Upper Tribunal ruled
that parts of the guidance were "wrong" and "obscure". View the link for our full article on this
In a press release issued on 21 December 2011,
the Charity Commission confirmed that it has withdrawn parts of its
guidance after the Tribunal further ruled that those parts would be
quashed if they were not removed. The Charity Commission expects to
publish the substantive updated guidance in summer 2012, following
a public consultation.
The Charity Commission has provided a useful
questions and answers briefing, which clarifies the interim
position for trustees. The briefing provides an outline of the key
points of the Tribunal's ruling and examples of how fee-charging
charities might make provision for people who cannot afford the
View the link for the Charity Commission's press release and links
to the briefing.
Trustees must still have regard to the current
Charity Commission guidance on public benefit, in light of the
substantive Tribunal decision, and report on this in their annual