Tribunal considers issue of charities and public benefit

A hearing opened on Tuesday 17 May to consider what charities charging high fees must do in order to meet the public benefit requirement.

The Independent Schools Council has applied for a judicial review of both the lawfulness of the Charity Commission’s public benefit guidance and the way it has applied that guidance when carrying out its public benefit assessments. In parallel, the Attorney General has also asked the hearing to consider a series of questions about how the public benefit requirement applies in the context of fee-charging independent schools.

Both proceedings centre upon what charities charging high fees must do in order to meet the public benefit requirement. In the interest of its 8,700 members, NCVO believes it is important for the Tribunal to consider the wider potential ramifications on other fee-charging charities and the charitable sector as a whole. NCVO has chosen to intervene in the case given its long-standing involvement and experience in the public benefit debate and hopes the case will result in clear guidelines about what charities (and their trustees) need to do in order to meet the public benefit requirements.

Sir Stuart Etherington, Chief Executive of NCVO, said ”This is the most significant case to be determined by charity law in the last 50 years, and will determine whether or not the concept of Public Benefit is fit for purpose for the 21st century”.

Read more about the proceedings and our position on public benefit at www.ncvo-vol.org.uk/publicbenefit. 

All media inquiries please contact Mandy Murphy in NCVO’s press office on 07714 243 942 or email mandy.murphy@ncvo-vol.org.uk.