Tribunal dismisses appeal of Ukraine Development Charity

Background and Proceedings

The First-tier Tribunal (General Regulatory Chamber) recently dismissed an appeal by the Ukraine Development Charity against the Charity Commission for England and Wales. The appeal concerned the Commission's refusal to register the charity as a Community Interest Organisation (CIO) under the Charities Act 2011. The Tribunal, comprising Tribunal Judge Damien J. McMahon and members Manu Duggal and Susan Wolf, delivered its decision on 28 February 2025.

Appeal Details

The appeal was initiated following the Charity Commission's decision on 29 February 2024, which concluded that the purposes of the Ukraine Development Charity were not exclusively charitable nor for the public benefit. The Charity Commission upheld its decision upon review on 13 June 2024. Despite the appellant's submission of additional documentation, the Tribunal found insufficient evidence to overturn the Commission's decision.

Absence of Representation

Dr. Matthew Parish, the Chairman of the Board of Trustees of the appellant, was absent from the hearing. Despite attempts by the Tribunal to contact him, Dr. Parish did not participate, citing issues with receiving hearing materials and login details. The Tribunal proceeded with the hearing in his absence, as no formal request for adjournment was made, and the hearing had already been postponed twice.

Charitable Purpose and Public Benefit

The Tribunal's primary concern was whether the charity's purposes were exclusively charitable and for the public benefit. The Tribunal noted potential connections between the charity and non-charitable entities, raising doubts about its independence and charitable nature. The charity's objectives, as outlined in its constitution, appeared to include political purposes, which are not considered charitable under UK law.

Legal Misconceptions

Dr. Parish's submissions included references to 'Wednesbury unreasonableness,' a concept applicable in judicial review but not in Tribunal appeals. This highlighted a misunderstanding of the legal framework governing the appeal process. The Tribunal clarified that its role was to reassess the application de novo, considering the statutory criteria for charitable status.

Tribunal's Findings

The Tribunal found that the charity's objectives did not meet the statutory requirements for being exclusively charitable and for the public benefit. The involvement of the charity in a conflict zone, potential political activities, and lack of detailed operational plans contributed to this conclusion. The Tribunal emphasised the need for clear separation between charitable and non-charitable activities, which was not demonstrated in this case.

Conclusion

Ultimately, the Tribunal upheld the Charity Commission's decision, finding that the Ukraine Development Charity failed to satisfy the necessary legal criteria for registration as a charity. The decision underscores the importance of adhering to charity law requirements, particularly concerning political activities and operational transparency.

Learn More

For more information on charity law, see BeCivil's guide to UK Charity Law.

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