Fundamental Freedom Limited v Charity Commission for England and Wales
[2024] UKFTT 311 (GRC)
Alexandru Guzun & Ors v Charity Commission for England and Wales
17 April 2024
[2024] UKFTT 310 (GRC)
First-tier Tribunal
A group tried to register as a charity but was rejected. They appealed, proposing new aims, but the judge said they could only review the original application, which wasn't charitable enough. The group needs to reapply with better aims.
Key Facts
- •Appeal against Charity Commission's refusal to register Embassy of Human Rights & Against Abuses as a CIO.
- •Refusal based on non-exclusively charitable purposes.
- •Appeal determined on papers, without hearing, by agreement of parties.
- •Appellants submitted a 'Compromise Letter' with revised objects.
- •Respondent argued that the Tribunal's jurisdiction was limited to the original objects, not the revised ones.
- •Appellants withdrew application for priority registration.
- •Tribunal considered the Respondent's supplemental submission on the admissibility of the 'Compromise Letter'.
Legal Principles
The Tribunal's jurisdiction is limited to reviewing the Charity Commission's decision based on the original objects of the proposed charity, not on subsequently proposed revised objects.
Charity Commission decision of 3 March 2023 and Harrowgate Fairtrade Shop (CA-2013-0009) (obiter dicta)
For a charity to be registered under section 3 of the Charities Act 2011, its purposes must be exclusively charitable and for the public benefit.
Charities Act 2011, section 3
Outcomes
Appeal dismissed.
The Tribunal lacked jurisdiction to consider the revised objects proposed in the 'Compromise Letter'. The original objects, as they stood on March 3rd 2023, failed to meet the requirements of section 3 of the Charities Act 2011 (exclusively charitable purposes and public benefit).
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