Charity Commission's public benefit assessments continue...

Almost a year ago, the Charity Commission published its 'Emerging Findings' in relation to its assessment of twelve charities' attempts to meet the public benefit requirement, as defined by the Charity Commission as part of its responsibilities following the Charities Act 2006.

Of those twelve charities, the Charity Commission decided four failed to meet the public benefit requirement and gave those charities time to devise a plan showing how the activities of the charities would be changed so as to meet the requirement. The four charities comprised two schools and two care homes.

The Charity Commission has now published its responses to the plans of the four charities. Three have now passed, including both of the two schools. The remaining care home which failed to meet the requirement has been given a four month extension to continue work on its plan.

Links to the plans and the Charity Commission's assessment of those plans can be found following this link:

www.charitycommission.gov.uk

The Independent Schools Council has welcomed the announcement that the two schools have now met the public benefit requirement. However it continues to express concern the Charity Commission is misinterpreting the law on public benefit by placing too much emphasis on means-tested burseries. It has made an application for judicial review of the Charity Commission's interpretation of the law, and hopes to have its application considered in August this year. If the application is successful, it hopes for a full hearing later in the year.

In the meantime, the Charity Commission has completed its assessment of four arts charities, being The Royal Opera House Covent Garden Ltd, The Young Concert Artists' Trust, The Castle Players, and Gwent Ballet Theatre, all of which succeeded in meeting the public benefit requirement. You can also find links to these assessments following this link:

www.charitycommission.gov.uk

The Charity Commission is now beginning its assessment of a small number of sports and recreation charities, which will complete its current programme of public benefit assessments. The commission's aim has been to provide a range of assessments, particularly for charities in challenging areas of activity such as fee-charging, so charities in general can identify and apply the practical issues for themselves.

If you are concerned to check that your charity is meeting its public benefit requirement and you would like to discuss this, please contact a member of the Charities Team on 01223 461155 or 01604 233233.