header-logo header-logo

16 July 2009
Issue: 7378 / Categories: Legal News
printer mail-detail

Private schools fail public benefit test

Charities

Two out of five test case fee-charging schools have failed to fulfil the Charity Commission’s public benefit requirements.

Last October, the Commission selected five fee-charging schools, four religious charities and three care homes for its first public benefit assessments. This followed the enactment of the Charities Act 2006, which removed the legal presumption of public benefit in favour of charities in the fields of education, religion and poverty.

There is now an active duty on all charities to demonstrate that they fulfil the public benefit requirements.

The results of the assessments, announced this week, revealed that St Anselm’s School Trust, Highfield Priory School and Penylan House Jewish Retirement and Nursing Home failed to satisfy the Commission that the opportunity to benefit was not unreasonably restricted by a person’s ability to pay the fees charged.

The two schools were found to have failed because they did not provide sufficient bursary funding for pupils from poorer backgrounds.
One of three test case care homes also failed, while another care home was deemed to be acting outside its charitable objects.

The commission will now work with these charities over the next 12 months to look at how they might make the necessary changes.

Issue: 7378 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll