Independent schools failing to provide some benefits for their potential beneficiaries other than their current or prospective fee-paying students would be falling foul of the law, an appeal tribunal ruled this afternoon as it rejected most of a claim challenging the interpretation of the concept of 'public benefit' as set out by the Charity Commission.

Ruling in Independent Schools Council v Charity Commission [2011] UKUT 421 (TCC) the Upper Tribunal decided that each case depended upon its own facts and that - provided the de minimis threshold was crossed – it was a matter for the trustees of a charitable independent school rather than the Charity Commission or the Charity Tribunal to decide how trustees...

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