Vladimir Ioannou v The Charity Commission for England and Wales
[2023] UKFTT 306 (GRC)
Darren Anthony Wilson v Charity Commission for England and Wales
26 June 2023
[2023] UKFTT 562 (GRC)
First-tier Tribunal
A charity finance director was banned from being a charity trustee for four years because he made mistakes managing the charity's money, but he can still work for charities in a senior role because he wasn't dishonest.
Key Facts
- •Darren Anthony Wilson (Appellant) appealed a Suspension Order (CA/2021/0024) and a Disqualification Order (CA/2022/0006) issued by the Charity Commission for England and Wales (Respondent).
- •The orders related to the Appellant's role as an ex officio trustee of the Professional Football Association Charity due to mismanagement during his tenure.
- •The mismanagement involved issues with a £1,906,760 transfer, property management, and the Charity's relationship with the Professional Footballers' Association.
- •The Tribunal found unintentional mismanagement but no deliberate negligence or fraud on the Appellant's part.
- •The Tribunal found the Appellant unfit to be a charity trustee due to his lack of understanding of proper charity management and his failure to declare a conflict of interest.
- •The Tribunal considered the Appellant's long history with the charity and his financial expertise in determining the outcome.
Legal Principles
The Tribunal has the power to determine appeals under s.319 and Schedule 6 of the Charities Act 2011.
Charities Act 2011
The Respondent can issue a disqualification order under s.181A of the Charities Act 2011 if certain criteria are met.
Charities Act 2011
Disqualification is a discretionary power; even if statutory criteria are met, the order should only be made if appropriate and proportionate, considering the public interest.
Charities Act 2011
The definitions of 'misconduct' and 'mismanagement' are not explicitly defined in the Act but are interpreted through the Respondent's guidance.
Charities Act 2011 and Respondent's Operational Guidance
Outcomes
The appeal against the Disqualification Order was allowed in part.
The Tribunal upheld the disqualification from being a charity trustee for four years, but removed the disqualification from holding senior management positions.
The appeal against the Suspension Order was deemed otiose.
The Suspension Order was rendered unnecessary following the Tribunal's decision on the Disqualification Order.
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