Charity tribunal launched - beginning a new era of charity law
Phil Hope, Minister for the Third Sector, today launched the new Charity Tribunal. It will act as an independent appeal body allowing charities to challenge legal decisions of the independent regulator, the Charity Commission. Previously, charities could only take such appeals to the High Court, which was too costly and time consuming for most charities. The Tribunal will improve access to justice for charities and as more cases are heard it will help to develop case law which has not always kept pace with changes in society and the charity sector. This is a major reform of the Charities Act 2006.
Experienced lawyer, Alison McKenna has been appointed as President of the Charity Tribunal. Cases can be taken to the Tribunal from today.
Phil Hope, Minister for the Third Sector, said:
'The Charity Tribunal is an historic development that will begin a new era of justice for charities. It will create an affordable recourse for charities to challenge legal decisions of the Charity Commission and will strengthen the legal framework for charities by building case law which has been seriously lacking because charities simply could not afford to bring cases before the high court. This is testament to the Government's commitment to supporting charities by providing the legal framework they need to operate effectively.'
Unusually for a tribunal the Charity Tribunal will be able to consider points of law referred to it by the Attorney General or the Charity Commission without a case being brought. This will further speed up the creation of a solid foundation of case law that will result in a new era of legal certainty for charities.
The Charity Commission already operates a robust internal decision review process that resolves most disputes without legal action being required. The Commission has welcomed the establishment of the Tribunal.
Tribunal panel members (both legally qualified and lay members) will be appointed by the Lord Chancellor in due course.
Notes to editors
1. For more information on the Charity Tribunal see: http://www.charity.tribunals.gov.uk
2. Mrs McKenna was called to the Bar (M) in 1988 and admitted as a solicitor in 2003. She was appointed as a Legal Member of the Mental Health Review Tribunal in 2002. She has been appointed as the President of the Charity Tribunal full-time from 1 June 2008, before which she will act on a fee-paid basis.
3. The Charity Tribunal was first proposed by the Prime Minister's Strategy unit in its 2002 report 'Private Action, Public Benefit'. For the report please see: http://www.cabinetoffice.gov.uk/upload/assets/www.cabinetoffice.gov.uk/strategy/strat-data.pdf
4. The Office of the Third Sector in the Cabinet Office leads on the Government's commitment to create the conditions for a thriving third sector. For further information see: http://www.cabinetoffice.gov.uk/third_sector.aspx
5. The Charities Act 2006 has been described by some commentators as the most significant reform of charity law in recent times. It is deregulatory overall and many provisions will cut red tape for charities. Further information including a Plain English Guide to the Act is available at: http://www.cabinetoffice.gov.uk/third_sector/law_and_regulation/charities_act_2006.aspx
6. The Tribunals Service will administer the Charity Tribunal, for further information please see: http://www.tribunals.gov.uk/
7. The Charity Commission is the independent regulator of charities in England and Wales. For further information please see: http://www.charitycommission.gov.uk
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