Elizabeth Chamberlain's blog

A Parliamentary debate is going to take place tomorrow morning on the RSPCA's decision to prosecute members of the Heythrop hunt.

Much has been said about the legal expenses of the case, and why the RSPCA chose to pursue this particular hunt.

It is slightly worrying that in his first speech as chair of the Charity Commission, William Shawcross has questioned whether charities in receipt of public funds have become ‘junior partners in the welfare state’. He went on to ask if they might be better off relying on private philanthropy – a view that we know many people share, but which is out of step with current reality.

We have just come out from a lively session with the Public Administration Select Committee, as part of its review of the Charities Act.

As by now we are all aware, the definition of public benefit has always been highly controversial and has caused much debate in the charity sector over many years. Lord Hodgson’s Review once again addressed the question, and considered whether there is a need for a statutory definition of public benefit. 

The arguments on both sides have remained largely unchanged over the years:
- flexibility of the case law and allowing the definition of what is charitable to change and develop along with society is the basis of the existing definition;

At a time when we are still dealing with the strong feelings caused by the MPs expenses scandal and media hacking, Government’s focus on cutting red tape for charities may seem a contradiction. However I agree - together with most within the sector – that charities are dealing with a myriad of regulatory and licensing requirements that can hinder their day to day activities.

As Lord Hodgson and his team are going through the responses to the calls for evidence issued in February, NCVO's Charity Law Review Advisory Group has submitted its own conclusions and recommendations.

It has been a long time coming but finally the Cabinet Office has published a series of consultation papers to support Lord Hodgson's review of charity law. These include a survey for the public, a survey specifically directed at charities, and a series of focused calls for evidence.

On Friday 14 October the Tribunal finally handed its decision in the case between the Independent Schools Council and the Charity Commission on the question of public benefit. Unfortunately, what is a landmark decision seems to have been overshadowed by a grapple for headlines and claims of respective victory by each party.